II 109th CONGRESS 1st Session S. 1518 IN THE SENATE OF THE UNITED STATES July 27, 2005 Mr. Voinovich (for himself and Mr. DeWine) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To amend the Indian Gaming Regulatory Act to modify a provision relating to the locations in which class III gaming is lawful.
1.
Class III gaming activities
(a)
Definitions
Section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703) is amended by adding at the end the following: (11)
Commercial purpose
(A)
In general
The term commercial purpose, with respect to a gaming activity under this Act, means a gaming activity operated on a for-profit basis. (B)
Exclusion
The term commercial purpose, with respect to a gaming activity under this Act, does not include any gaming activity operated on a charitable or nonprofit basis. . (b)
Gaming activities
Section 11(d) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)) is amended by striking paragraph (1) and inserting the following: (1)
Class III gaming activities
(A)
In general
A class III gaming activity shall be lawful on Indian land only if the activity is— (i)authorized by an ordinance or resolution that— (I)is adopted by the governing body of the Indian tribe that has jurisdiction over the Indian land on which the activity is proposed to be conducted; (II)meets the requirements of subsection (b); and (III)is approved by the Chairman; (ii)subject to subparagraph (B), located in a State that expressly permits the activity for any commercial purpose by any person, organization, or entity in the constitution of the State or any law of the State; and (iii)conducted in accordance with a Tribal-State compact entered into by the Indian tribe and the State under paragraph (3) that is in effect on the date on which the ordinance or resolution relating to the activity is submitted to the Chairman under paragraph (2). (B)
Certain States
A class III gaming activity conducted under subparagraph (A)(ii) shall be conducted in accordance with the applicable laws (including regulations) of the State in which the activity is located, including restrictions on the timing or frequency of the gaming activity. .