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(122nd General Assembly)(Substitute House Bill Number 98)
To enact section 107.25 of the Revised Code to require
legislative validation of a compact between the Governor and an
authorizing gaming, or of a grant by the Governor of authority for
an Indian tribe to place land in trust to be used for gaming, and to require
that such a compact contain an expiration
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That section 107.25 of the Revised Code be enacted
to read as follows:
Sec. 107.25. (A) As used in this section:
(1) "Tribal-state compact" means a tribal-state compact
described in the "Indian Gaming Regulatory
Act," 102 stat. 2472 (1988), 25 U.S.C. 2710(d).
(2) "Class I gaming," "class II gaming," "class
III gaming," and "Indian tribe" have the same meanings as in
the "Indian Gaming Regulatory Act," 102
Stat. 2472 (1988), 25 U.S.C. 2703.
(B) Neither of the following shall be ratified or take effect
until the general assembly approves it by passage of an act:
(1) Each tribal-state compact the governor enters into
with an Indian tribe;
(2) Each authorization the governor grants for an Indian tribe to
place land into trust to
be used for class I, class II, or class III
(C) Each tribal-state compact approved under this section shall
contain an expiration date, which shall be not later than ten years after the
compact's effective date.
(D) Each tribal-state compact approved under this
section shall contain a binding agreement for the collection and payment of
state and local sales, use, or other excise or APPLICABLE taxes, or for the
payment of amounts that may be in lieu of such taxes, levied on any item sold
to any nonmember of the governing tribe by any business establishment located
on the land to be taken into trust.
SECTION 2 . The intent of the General Assembly in enacting this act is to
clarify the procedure by which certain tribal-state compacts described in the
"Indian Gaming Regulatory Act," 102 Stat. 2472 (1988), 25 U.S.C. 2710(d), and
sanctioned by federal law must be approved under Ohio law. This act shall be
construed, to the maximum extent possible, as being consistent with the Ohio
law regulating gaming and with Section 6 of Article XV, Ohio Constitution, and
in no way shall this act be construed to permit gaming activities that
otherwise are prohibited under Ohio law. This act in no way constitutes a
waiver of any immunity of the state of Ohio or its agencies or officers.