Session of 2000
HOUSE BILL No. 2926
By Joint Committee on State-Tribal Relations
2-9
9 AN ACT
concerning state and tribal relations; relating to certain
agree-
10 ments between the
state of Kansas and native American Indian tribes;
11 amending K.S.A. 1999
Supp. 46-2302 and 46-2303 and repealing the
12 existing sections.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. K.S.A. 1999 Supp. 46-2302 is hereby amended to read as
16 follows: 46-2302. (a) Any request by a
tribe for negotiation of a gaming
17 compact with the state of Kansas, including
a request for renegotiation
18 of an existing gaming compact, received on
or after the effective date of
19 this act shall be submitted in writing to
the governor.
20 (b) The governor
or the governor's designated representatives are
21 authorized to negotiate gaming compacts on
behalf of the state of Kansas.
22 In addition to such gaming compacts, the
governor or the governor's des-
23 ignated representatives are authorized
to negotiate other agreements with
24 native American Indian tribes who have
entered into gaming compacts
25 with the state of Kansas. At the
conclusion of negotiations of a gaming
26 compact or other agreement, the
governor shall submit the proposed com-
27 pact or agreement to the joint
committee on state-tribal relations for the
28 joint committee's recommendations as
to approval or modification of the
29 proposed compact.
30 (c) If the joint
committee recommends modification of a proposed
31 compact or other agreement under this
section submitted by the governor,
32 the governor or the governor's
representatives may resume negotiations
33 in accordance with the joint committee's
recommendations and the mod-
34 ified proposed compact or agreement
shall be submitted to the joint com-
35 mittee in the same manner as the original
proposed compact or agree-
36 ment. Within 5 days after receiving
the joint committee's recommended
37 modifications, the governor shall notify
the joint committee, in writing,
38 as to whether or not the governor has
resumed negotiations. Within 10
39 days after receipt of notice that the
governor has not resumed negotia-
40 tions, or if the governor fails to notify
the joint committee that the gov-
41 ernor has resumed negotiations, the joint
committee shall vote to rec-
42 ommend approval or rejection of the
proposed compact or agreement or
43 shall vote to make no recommendation on the
proposed compact or
2
1 agreement.
2 (d)
(1) If the legislature is in session when the joint committee
votes
3 to recommend approval or rejection of
a proposed compact or other
4 agreement under this section
or votes to make no recommendation on a
5 proposed compact or agreement,
as authorized by this section, the joint
6 committee shall introduce in each
house of the legislature, within five
7 days after the joint committee's
vote, a resolution approving the proposed
8 compact or agreement as
submitted by the governor. Each resolution shall
9 be accompanied by the report of the
joint committee recommending that
10 the resolution be adopted or not be adopted
or reporting the resolution
11 without recommendation. If, within 10 days
after introduction of the res-
12 olutions, a majority of the members of each
house votes to adopt the
13 resolution introduced in such house, the
proposed compact or agreement
14 shall be considered to have been approved
by the legislature and the
15 governor is authorized to execute the
compact or agreement on behalf of
16 the state. Each house of the legislature
shall vote on the resolution intro-
17 duced in such house within 10 days after
introduction unless the other
18 house has already voted against adoption of
the resolution introduced in
19 such other house.
20 (2) If the
legislature is not in session when the joint committee votes
21 to recommend approval or rejection of a
proposed compact or other
22 agreement under this section or
votes to make no recommendation on a
23 proposed compact or agreement, as
authorized by this section, the joint
24 committee shall notify the legislative
coordinating council of the joint
25 committee's action within five days after
such action. If, within 30 days
26 after receiving such notice, the
legislative coordinating council votes, by
27 a vote of five members of the council, to
approve the proposed compact
28 or agreement, the compact or
agreement shall be considered to have been
29 approved by the legislative coordinating
council and the governor is au-
30 thorized to execute the compact or
agreement on behalf of the state.
31 (3) Neither the
legislature nor the legislative coordinating council has
32 the authority to amend or otherwise modify
any proposed gaming com-
33 pact or other agreement under this
section.
34 (e) The attorney
general shall be the legal counsel for the governor
35 or the governor's representatives in
negotiating a gaming compact or
36 other agreement, under this section
and for the joint committee in re-
37 viewing proposed compacts.
38 (f) A gaming
compact negotiated on behalf of the state under this
39 section shall contain:
40 (1) A provision
recognizing the right of each party to the compact to
41 request that the compact be renegotiated or
replaced by a new compact,
42 including the right of the legislature by
concurrent resolution to request
43 renegotiation or replacement of the
compact, and providing the terms
3
1 under which either party, including
the legislature, may request a rene-
2 gotiation or the negotiation of a new
compact; and
3 (2) a
provision that, in the event of a request for a renegotiation or
a
4 new compact, the existing compact
will remain in effect until renegotiated
5 or replaced.
6 (g) The
governor or the governor's designated representatives and
7 the attorney general shall report to
the joint committee, at such times as
8 requested by the joint committee,
regarding gaming compacts and other
9 agreements negotiated under
this section and prospective negotiations.
10 Sec.
2. K.S.A. 1999 Supp. 46-2303 is hereby amended to read as
11 follows: 46-2303. (a) The joint committee
on gaming compacts is hereby
12 reconstituted as the joint committee on
state-tribal relations. The joint
13 committee shall consist of 12 members as
follows: (1) Five members of
14 the senate and five members of the house of
representatives; and (2) the
15 governor or the governor's designee and the
attorney general or the at-
16 torney general's designee who shall be
nonvoting members. Of the mem-
17 bers appointed from the senate, three shall
be appointed by the president
18 of the senate and two shall be appointed by
the minority leader of the
19 senate. Of the members appointed from the
house of representatives,
20 three shall be appointed by the speaker of
the house of representatives
21 and two by the minority leader of the house
of representatives. Such
22 Legislative members shall be
selected only from the membership of the
23 standing committees on federal and state
affairs, judiciary, taxation and
24 assessment and taxation. All legislative
members of the joint committee
25 shall serve for terms ending on the first
day of the regular legislative
26 session in odd-numbered years.
27 (b) Each year the
members of the joint committee shall elect from
28 its membership a chairperson and a
vice-chairperson. During odd-num-
29 bered years, the chairperson shall be a
member from the senate and the
30 vice-chairperson shall be a member from the
house of representatives.
31 During even-numbered years, the chairperson
shall be a member from
32 the house of representatives and the
vice-chairperson shall be a member
33 from the senate. The vice-chairperson shall
exercise all of the powers and
34 duties of the chairperson in the absence of
the chairperson.
35 (c) A quorum of
the joint committee on state-tribal relations shall be
36 six. Nonvoting members of the joint
committee shall not be counted when
37 determining a quorum. Actions of the
joint committee recommending
38 that a resolution approving a proposed
compact or agreement negotiated
39 under K.S.A. 46-2302, and amendments
thereto, be adopted or not be
40 adopted shall be only on the affirmative
vote of eight or more members
41 of the joint committee, at least four of
whom shall be senators and at least
42 four of whom shall be members of the house
of representatives. Action
43 of the joint committee to report without
recommendation a resolution
4
1 approving such a compact or
agreement may be on the affirmative vote
2 of any five or more members of the
joint committee. All other actions of
3 the joint committee may be taken by a
majority of those present when
4 there is a quorum.
5 (d) The
joint committee may meet at any time and at any place within
6 the state on the call of the
chairperson. The joint committee may appoint
7 subcommittees as deemed appropriate.
Members of the joint committee
8 and subcommittees thereof, shall
receive compensation, travel, subsis-
9 tence allowance and mileage as
provided by K.S.A. 75-3212, and amend-
10 ments thereto, when attending meetings of
the joint committee or sub-
11 committee thereof.
12 (e) The
provisions of the acts contained in article 12 of chapter 46 of
13 the Kansas Statutes Annotated, and
amendments thereto, applicable to
14 special committees shall apply to the joint
committee to the extent that
15 the same do not conflict with the specific
provisions of this act applicable
16 to the joint committee.
17 (f) In accordance
with K.S.A. 46-1204, and amendments thereto, the
18 legislative coordinating council may
provide for such professional services
19 as may be requested by the joint committee
on state-tribal relations.
20 (g) The joint
committee:
21 (1) May establish
and transmit to the governor proposed guidelines
22 reflecting the public policies and state
interests, as embodied in the con-
23 stitution, statutes and case law of the
state of Kansas, consistent with the
24 Indian gaming regulatory act (25 U.S.C.
2701 et seq.), that the joint com-
25 mittee will consider in reviewing proposed
compacts;
26 (2) may recommend
to the governor that any gaming compact or
27 other agreement negotiated under K.S.A.
46-2302, and amendments
28 thereto, provide for the imposition
and collection of state sales and excise
29 taxes on sales of nongaming goods and
services to persons other than
30 tribal members and imposition and
collection of state income tax on rev-
31 enues derived from sales of nongaming goods
and services;
32 (3) may hold
public hearings on proposed gaming compacts and other
33 agreements negotiated under K.S.A.
46-2302, and amendments thereto,
34 and submitted to the joint committee
by the governor;
35 (4) shall
recommend modification of proposed gaming compacts and
36 other agreements negotiated under K.S.A.
46-2302, and amendments
37 thereto, and submitted by the
governor and introduce resolutions ap-
38 proving proposed gaming compacts and
agreements submitted by the
39 governor and recommend that such
resolutions be adopted or be not
40 adopted, or report such resolutions without
recommendation, and notify
41 the governor, in writing, of the joint
committee's action;
42 (5) shall meet,
discuss and hold hearings on issues concerning state
43 and tribal relations; and
5
1 (6) may
introduce such legislation as deemed necessary in performing
2 its functions.
3 Sec. 3. K.S.A. 1999 Supp.
46-2302 and 46-2303 are hereby repealed.
4 Sec. 4. This act
shall take effect and be in force from and after its
5 publication in the statute book.