§ 12-851 — Agreements with Mashantucket Pequot Tribe and Mohegan Tribe of Indians of Connecticut re gaming.

(a) The Governor may enter into amendments to the Mashantucket Pequot procedures and to the Mashantucket Pequot memorandum of understanding with the Mashantucket Pequot Tribe, or a new compact with the Mashantucket Pequot Tribe, and may enter into amendments to the Mohegan compact and to the Mohegan memorandum of understanding with the Mohegan Tribe of Indians of Connecticut, or a new compact with the Mohegan Tribe of Indians of Connecticut, to: (1) Permit the Mashantucket Pequot Tribe and Mohegan Tribe of Indians of Connecticut to each conduct (A) in-person sports wagering on the reservation of the tribe, (B) online sports wagering, provided an individual may only place a sports wager through such online sports wagering if the individual is physically present on the reservation of the tribe conducting the online sports wagering when placing the wager, and (C) fantasy contests, provided an individual may only participate in such a contest if the individual is physically present on the reservation of the tribe conducting the fantasy contest when paying the entry fee for such contest; (2) Provide that any in-person sports wagering, online sports wagering, retail sports wagering or fantasy contests expressly authorized under subdivision (1) of this subsection and sections 12-852 to 12-854 , inclusive, during the ten-year initial term or the renewal term as provided in subdivision (3) of this subsection, shall not terminate the moratorium against the operation of video facsimile games by the Mashantucket Pequot Tribe and the Mohegan Tribe of Indians of Connecticut on each tribe's reservation, and provide that any new compact or amendment to each tribe's memorandum of understanding does not relieve each tribe from each tribe's obligation to contribute a percentage of the gross operating revenues of video facsimile games to the state as provided in each tribe's memorandum of understanding; (3) Provide that any amendment or new compact entered into pursuant to this section shall be valid for an initial term of ten years and an optional five-year renewal term, provided any such renewal term shall only be effective if mutually consented to and exercised by the Governor and both the Mashantucket Pequot Tribe and the Mohegan Tribe of Indians of Connecticut; (4) Provide that the cessation of authority for either tribe to conduct online sports wagering, online casino gaming and fantasy contests outside its reservation as a result of a violation of the conditions of such authority, as provided for in sections 12-850 to 12-871 , inclusive, and the continued authorization of the other tribe, the Connecticut Lottery Corporation or both to conduct activities authorized pursuant to sections 12-850 to 12-871 , inclusive, shall not itself terminate the moratorium against the operation of video facsimiles machines or relieve such tribe from any existing obligation to make the contribution to the state under its memorandum of understanding; and (5) Provide that: (A) The amendments or new compacts entered into pursuant to this section shall cease to be effective if: (i) Any provision of an amendment or new compact entered into pursuant to this section is held invalid by a court of competent jurisdiction in a final judgment which is not appealable; (ii) Any provision of sections 12-850 to 12-871 , inclusive, is held invalid by a court of competent jurisdiction in a final judgment which is not appealable; or (iii) Any amendment made to the provisions of the general statutes pursuant to public act 21-23* is held invalid by a court of competent jurisdiction in a final judgment which is not appealable; and (B) If such amendments or new compacts cease to be effective pursuant to subparagraph (A) of this subdivision, keno may be operated under the agreements that were entered into pursuant to section 12-806c and in effect on May 27, 2021. (b) Notwithstanding the provisions of section 3-6c , each amendment or new compact, or renewal thereof, entered into by the Governor with the Mashantucket Pequot Tribe and with the Mohegan Tribe of Indians of Connecticut pursuant to subsection (a) of this section shall be considered approved by the General Assembly under section 3-6c upon the Governor entering into such an agreement or new compact, or renewal thereof, without any further action required by the General Assembly. (c) Any amendment or new compact entered into pursuant to this section shall be effective and final upon approval by the Secretary of the United States Department of Interior and publication in the Federal Register in accordance with federal law. If such approval is overturned by a court of competent jurisdiction in a final judgment, which is not appealable, (1) the provisions of sections 12-850 to 12-871 , inclusive, and the amendments made to provisions of the general statutes pursuant to public act 21-23* shall cease to be effective, and (2) keno may be operated under the agreements that were entered into pursuant to section 12-806c and in effect on May 27, 2021. *Note: Public act 21-23 is entitled “An Act Concerning the Authorization, Licensing and Regulation of Online Casino Gaming, Retail and Online Sports Wagering, Fantasy Contests, Keno and Online Sale of Lottery Tickets.” (See Reference Table captioned “Public Acts of 2021” in Volume 16 which lists the sections amended, created or repealed by this act.)

Legislative History

(P.A. 21-23, S. 2.) History: P.A. 21-23 effective May 27, 2021.