§ 4-29.5-17-1 — Band's exclusive right for Class III gaming

Indiana § 4-29.5-17-1

• Jurisdiction: Indiana
• Art. 29.5: TRIBAL-STATE COMPACT WITH THE
• Ch. 17: Payments to the State in Exchange for Market

Text

Notwithstanding IGRA's express prohibition
against state taxation of tribal gaming activities, revenue-sharing
payments from tribal gaming to a state may be considered lawful under
IGRA when such payments are bargained for in exchange for
meaningful concessions from the state, i.e., quantifiable economic
benefits over which the state is not required to negotiate under IGRA,
such as substantial exclusive rights to engage in Class III gaming
activities. Accordingly, and as consideration for the revenue sharing
payments required under section 2 of this chapter, the State agrees that
the Band's right to conduct Class III gaming on the South Bend Site
under IC 4-29.5-3 shall be exclusive of any "Expanded Gaming" within
the "Exclusivity Area", which is comprised of the Indiana counties of
Elkhart, Fulton, Jasper, Kosciusko, LaGrange, Lake, LaPorte, Marshall,
Miami, Noble, Porter, Pulaski, St. Joseph, Starke, Wabash, and
Whitley. For purposes of this paragraph, Expanded Gaming means,
within the Exclusivity Area and as of the Endorsement Date, (i) the
licensure of any Gambling Operation as defined in IC 4-29.5-2-12(1)
if that licensure would result in a greater number of Gambling
Operations within the Exclusivity Area, would permit a Gambling
Operation that holds a license as of the Endorsement Date to relocate
to a new licensed location within the Exclusivity Area (other than the
relocation from a dock site to property adjacent to the dock site, as
permitted by Indiana Code 4-33-6-24), or would permit a Gambling
Operation that does not hold a license for a location within the
Exclusivity Area as of the Endorsement Date to locate to a new
licensed location within the Exclusivity Area; or (ii) the licensure of
any Gambling Operation as defined in IC 4-29.5-2-12(2) for a location
within the Exclusivity Area. Subject to the foregoing limitations
regarding Gambling Operations within the Exclusivity Area, the term
Expanded Gaming shall not include (i) any new gaming facility or any
expansion of an existing gaming facility in which the Band has the
"sole proprietary interest", as that term is defined at IGRA
2710(b)(2)(A) and 25 C.F.R. 522.4(b)(l); (ii) any new game operated
by the Band at such facilities under this Compact or under any
successor compact; (iii) any new game operated at a Gambling
Operation that holds a license as of the Endorsement Date; (iv) any
new game operated by the Indiana State Lottery pursuant to IC 4-30; or
(v) any new game operated by a "qualified organization" as defined in
IC 4-32.3-2-31, (vi) any new game operated by a satellite facility
licensed under IC 4-31-5, or (vii) any new game operated by a retailer
endorsement or license under IC 4-36-4.

Legislative History

As added by P.L.171-2021, SEC.1.