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(Parenthesis ( ) Indicate Expenditure Decreases)

(Parenthesis ( ) Indicate Revenue Decreases)

Duplicates HB-638

SOURCES OF INFORMATION

New Mexico Attorney General

LFC Files

SUMMARY

Synopsis of Bill

Senate Bill 737 provides for procedures for negotiation, approval, execution and amendment of agreements between the state and Indian tribes.

It creates the joint legislative committee on compacts. The committee on compacts consists of eight legislators, four from each house with each of the two major political parties having equal representation. Committee members from the House are appointed by the speaker, while members from the Senate are appointed by the committees' committee or by the president pro tempore after consultation and agreement of a majority of the members of the committee on committees, if the appointments are made in the interim. Appointing members are required to consider appointing a native American member or a member who represents a district with a significant percentage of voting age native Americans. The chairman of the committee is appointed by the speaker of the house in even numbered years and by the President Pro tempore of the Senate in odd numbered years. The committee members meet at the call of the chairman to consider a compact or amendments submitted to it.

Either the state or an Indian tribe would be authorized to request the negotiation of an existing compact between the state and the tribe. The Governor is authorized to appoint a representative to negotiate the terms of the compact with the tribes governing body or representative. However, neither the governor nor his representative is authorized to execute a compact or an amendment to a compact without legislative approval.

If a proposed compact or amendment is agreed upon, it is to be submitted by the governor to the committee on compacts within five days of the conclusion of negotiations with the governor's recommendation for approval and with his comments or analysis. The committee would review the compact and within forty-five days of its receipt and either recommend approval or propose modification and request the governor to resume negotiations with the tribe. If the committee proposes specific modifications to the compact or amendment, the governor or his representative and the tribe are required to resume negotiation within 20 days unless either refuses to further negotiate, in which case the governor is required to notify the committee immediately.

The committee may return a proposed compact or amendment for renegotiation no more than three times. After the third time, the committee must submit the proposed compact or amendment to the legislature with a joint resolution expressing the committee's recommendation to approve, disapprove or make no recommendation on the proposed compact or amendment. If a majority of each house votes to adopt a joint resolution approving the compact or amendment, it is approved by the legislature and the governor is to execute it. The legislature may not amend or modify the resolution except to make technical corrections nor may it be referred to a committee other than a committee of the whole.

FISCAL IMPLICATIONS

This bill establishes procedures for negotiating compact and thus has no fiscal impacts. Of course, the results of any negotiated compacts could have fiscal impacts.

SUBSTANTIVE ISSUES

The New Mexico attorney general's office provided a bill analysis that raises numerous constitutional questions. The A.G.'s analysis is attached for reference.

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