Amends the Indian Gaming Regulatory Act to limit class III gaming activity on Indian land to states that expressly permit gaming for any commercial purpose (currently, for any purpose). Requires such gaming to be conducted in accordance with the applicable laws of the state in which it is located, including restrictions on the timing or frequency of the gaming activity.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1518 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1518
To amend the Indian Gaming Regulatory Act to modify a provision
relating to the locations in which class III gaming is lawful.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S9186-9187)
Read twice and referred to the Committee on Indian Affairs. (text of measure as introduced: CR S9187)
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