LRB-2443/1
RLR:jld:rs
2005 - 2006 LEGISLATURE
June 2, 2005 - Introduced by Representatives Gard, Ziegelbauer, Meyer,
Petrowski, Gielow, Wood, Bies, Gundrum, Jeskewitz, Kestell, Owens,
Vukmir, Gunderson, Towns, Albers, Vos, Ott, J. Fitzgerald, Kleefisch,
Huebsch, Jensen and
Davis, cosponsored by Senators Lazich, Zien and
Grothman. Referred to Committee on State Affairs.
AB461,1,3
1An Act to create 14.037 of the statutes;
relating to: requiring legislative
2approval to locate a gaming establishment on certain lands taken into trust for
3the benefit of Indian tribes.
Analysis by the Legislative Reference Bureau
The federal Indian Gaming Regulatory Act, which regulates gaming activities
on Indian lands, requires that before an Indian gaming establishment may be
located on Indian lands taken into trust after October 17, 1988 ("off-reservation"
lands), the governor must concur with the decision of the U.S. secretary of the
interior (secretary) that the proposed Indian gaming establishment would be in the
best interest of the Indian tribe and its members and would not be detrimental to the
surrounding community.
This bill provides that the governor may not concur with a decision of the
secretary that an Indian gaming establishment proposed to be located on Indian
lands taken into trust after October 17, 1988, would be in the best interest of the
Indian tribe and its members and would not be detrimental to the surrounding
community, unless the legislature first concurs in the determination by joint
resolution.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB461, s. 1
1Section
1. 14.037 of the statutes is created to read:
AB461,2,9
214.037 Legislative approval of Indian gaming on lands taken into trust
3after October 17, 1988. The governor may not concur with a determination of the
4U.S. secretary of the interior, under
25 USC 2719 (b) (1) (A), that a gaming
5establishment proposed to be located on lands acquired by the U.S. secretary of the
6interior in trust for the benefit of an Indian tribe after October 17, 1988, would be in
7the best interest of the Indian tribe and its members and would not be detrimental
8to the surrounding community, unless the legislature first concurs in the
9determination by joint resolution.
AB461,2,1211
(1) This act first applies to concurrences issued by the governor on the effective
12date of this subsection.
