Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                         CHAPTER 44-S.F.No. 156 
           An act relating to gambling; authorizing the governor 
          or the governor's representatives to negotiate a 
          tribal-state compact pursuant to the Indian gaming 
          regulatory act; proposing coding for new law in 
          Minnesota Statutes, chapter 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  [3.9221] [INDIAN TRIBES; COMPACTS TO BE 
NEGOTIATED.] 
    Subdivision 1.  [DEFINITION.] For purposes of this section, 
"act" means the Indian gaming regulatory act, Public Law Number 
100-497, and future amendments to it.  
    Subd. 2.  [NEGOTIATIONS AUTHORIZED.] The governor or the 
governor's designated representatives shall, pursuant to section 
11 of the act, negotiate in good faith a tribal-state compact 
regulating the conduct of class III gambling, as defined in 
section 4 of the act, on Indian lands of a tribe requesting 
negotiations.  The agreement may include any provision 
authorized under section 11(d)(3)(C) of the act.  The attorney 
general is the legal counsel for the governor or the governor's 
representatives in regard to negotiating a compact under this 
section.  
    Subd. 3.  [TIME LIMITS.] (a) In the case of negotiations 
undertaken pursuant to a request for negotiations received 
before the effective date of this act, the authority granted 
under subdivision 2 to negotiate with an Indian tribe expires 
180 days after the effective date of this act.  
    (b) In the case of negotiations undertaken pursuant to a 
request for negotiations received after the effective date of 
this act, the authority granted under subdivision 2 to negotiate 
with an Indian tribe expires 180 days after receipt of the 
request by the governor.  
    Subd. 4.  [TERMS OF COMPACT; RIGHTS OF PARTIES.] A compact 
agreed to on behalf of the state under this section must contain:
     (1) a provision recognizing the right of each party to the 
agreement, including the legislature by joint resolution, to 
request that the agreement be renegotiated or replaced by a new 
compact, and providing the terms under which either party, 
including the legislature, can request a renegotiation or the 
negotiation of a new compact; and 
     (2) a provision that in the event of a request for a 
renegotiation or a new compact the existing compact will remain 
in effect until renegotiated or replaced. 
    Sec. 2.  [EFFECTIVE DATE.] 
    Section 1 is effective the day following final enactment. 
    Presented to the governor April 19, 1989 
    Signed by the governor April 19, 1989, 8:57 p.m.