         |
||
 |
 |
|
|
*Last update 7/02/2007 HEARING on discussion draft legislation regarding the regulation of class III gaming SR - 485 Majority Statements Minority Statements Panel 1 MR. DEAN SHELTON Panel 2 THE HONORABLE W. RON ALLEN THE HONORABLE VALERIE WELSH-TAHBO MR. TRACY BURRIS
A. Gaming H.R.1555-To impose a two year moratorium on the Class III compact approval by Secretary of DOI. 3/15/07-Introduced Referred to House Resources Summary: Two year moratorium on Class III compact approval by DOI to begin upon date of enactment. Identical to H.R.4677 introduced by Rep. Rogers in 109th, never received hearing. H.R.1654-To amend IGRA to require Secretarial determination of tribal “best interest”, etc. prior to land taken into trust after 10/22/1998. 3/22/07-Introduced Referred to House Resources Summary: Would require the Secretary of the Interior to make a determination of whether taking land into trust for gaming purposes (Section 20 2-part determination) is in the tribe’s best interest and wouldn’t be detrimental to the surrounding community. Would require consultation with the tribe, state and local officials and nearby tribes prior to determination. H.R.2046-Internet Gambling Regulation and Enforcement Act of 2007 4/26/07-Introduced Referred to Fin. Svcs. and Ener./Comm. Summary: Would allow internet gambling only by licensed vendors. Licensing jurisdiction would be held by the Financial Crimes Enforcement Network (FinCen). The bill prohibits licensed internet gambling in states where it is prohibited (including H.R.2562-To amend IGRA to limit casino expansion. Sponsor: Rep. Dent (R-PA). 6/5/2007-Introduced Referred to House Resources Summary: Would require approval of state Legislature in addition to Governor for tribal-state gaming compacts prior to approval by DOI. B. Non-Gaming (relevant to gaming tribes) H.Res.77-To establish the Committee on Indian Affairs in the House of Representatives 1/18/2007-Introduced Referred to House Rules Summary: Would change the Rules of the House of Representatives to establish a Committee on Indian Affairs in the House. S.84-To establish a United State Boxing Commission 1/4/2007-Introduced Referred to House Comm/Science/Trans 2/13/2007-Ordered out of committee w/out amendment 3/1/2007-Placed on Senate Leg. Calendar Summary: Establishes US Boxing Commission. Authorizes establishment of Tribal Boxing Commissions. Applies Act to states and tribes equally. S.90-To modify FECA to apply to Indian tribes 1/4/2007-Introduced Referred to Sen. Rules and Administration Summary: Categorizes Indian Tribes as a corporation or shareholder of corporation for purposes of the Federal Election Campaign Act. S.792-To amend the IRS Code and ERISA to apply tribal governments to definition of “Governmental Plan.” 3/7/2007-Introduced Referred to Health/Education/Labor and Pensions Summary: “Governmental Plan” definitions in both the tax code and ERISA will include tribal government, or a subdivision of a tribal government. S.1129-Tribal Government Equality Act of 2007 4/17/07-Introduced Referred to Senate Finance Summary: Would amend the Internal Revenue Code to include Indian tribal governments or subdivisions thereof in the definition of ‘governmental plan’ for purposes of employee benefits plans. III. RULEMAKING A. National Indian Gaming Commission PRE-PUBLICATION proposed rule changes issued by NIGC on March 28, 2007. Comment accepted until May 15, 2007. Comment period extended to May 30, 2007. 1. Annual Fees-25 CFR part 514 Proposal presents simplified means of calculating annual fees to NIGC for Class II and III facilities without a determination of self-regulation (25 USC §2717(a)(2)(C). Fees are substantially reduced and required reporting drops to twice per year from quarterly. Depreciation rates are more flexible. The NIGC will have more restrictive fee announcement timelines and will only be able to modify annual fees “if considered necessary” after February 1 of each year. 2. Def. of “Net Revenue”-25 CFR §502.16 Proposal would change definition of net revenue to gross revenue minus prizes, gaming operating and non-operating expenses. Current definition is gross revenue minus gaming operating expenses. 3. Management Contracts-25 CFR parts 531, 535 and 537 Proposal has new requirement of including a “legal description” for some documents submitted with the management contract for approval. The new requirement appears to assist in a determination of whether the facility site is located on “Indian lands”. Increases fees for background checks by 150% for management contractors and 100% for others with a financial interest. Time requirement to submit management contracts for approval reduced from 60 days to 30 days. 4. Background Investigations-25 CFR parts 556 and 559 Proposal clarifies current language by adding that TGAs will use the information provided in background checks for key employees or primary management officials. Clarifies other provisions without adversely changing meaning. 5. Audit Standards-25 CFR parts 571.12 and 571.13 Entire “Subpart D” parts are replaced with more specific language which clarifies what type of audit is to be performed for what type of facilities. 6. Def. of “Person Having a Direct or Indirect Financial Interest in a Management Contract.”-25 CFR §502.17 Proposal would further reduce the threshold required for person with a financial interest in a management contract from 10% interest to 5% or in a privately-held corporation, the top 10 shareholders. Also adds to the definition those who may receive interest in a management contract via gift, grant, attribution, etc. 7. Facility Licensing Requirements-25 CFR part 522 See spreadsheet provided on proposed changes. Compact amendments “X-2” approved by DOI on May 18, 2007. Published in Federal Register on May 31, 2007. |
|||||||||||
Home - About WIGA - Our Members - News & Events - State Gaming Issues - Federal Gaming Issues - Resources & Links
Copyright © 2006 Washington Indian Gaming Association - All Rights Reserved 1110 Capitol Way S. Suite 404, Olympia, WA 98501