46-2302.Negotiation of compacts; submission to legislature; approval orrejection; attorney general as legal counsel; compact provisions; report ofgovernor to legislature.(a) Any request by a tribe for negotiation of a gaming compactwith the state of Kansas, including a request for renegotiation of an existinggaming compact,received on or after the effective date of this act shall besubmitted in writing to the governor.
(b) The governor or the governor's designated representatives are authorizedto negotiategaming compacts on behalf of the state of Kansas. At the conclusion ofnegotiations, the governor shall submitthe proposed compact to the joint committee on state-tribal relations forthecommittee's recommendations as to approval or modification of the proposedcompact.
(c) If thejoint committee recommends modification of a proposed compact submitted by thegovernor, the governoror thegovernor's representatives may resume negotiations in accordance with thejoint committee's recommendations and the modified proposed compact shall besubmitted to the joint committee in the same manner as the originalproposed compact.Within 5 daysafter receiving the joint committee's recommended modifications,the governor shall notify the joint committee, in writing,as to whether or not the governor has resumed negotiations.Within 10 days after receipt of notice that the governor has not resumednegotiations,or if the governor fails to notify the joint committee that the governor hasresumed negotiations,the joint committee shall vote to recommend approval or rejection of theproposed compactor shall vote to make no recommendation on the proposed compact.
(d) (1) If the legislature is in session when the joint committee votes torecommend approval or rejection of a proposed compact orvotes to make no recommendation on a proposed compact, as authorized by thissection, the joint committee shall introduce in each house of the legislature,within five days after the joint committee's vote, a resolution approving theproposed compact as submitted by the governor.
(2) If the legislature is not in session when the joint committee votes torecommend approval or rejection of a proposed compact or votes to make norecommendation on a proposed compact, as authorized by this section, the jointcommittee shallintroduce in each house of the legislature, within five days after thebeginning of the next regular or special legislative session following thejoint committee's vote, a resolution approving the proposed compact assubmitted by the governor.
(3) Each resolution introduced pursuant to this section shall beaccompanied by the report of the joint committee recommending that theresolution be adoptedor not be adopted or reporting the resolution without recommendation.If,within 10 days after introduction of the resolutions,a majority of themembers of each house votes to adopt theresolution introduced in such house, the proposed compact shall be consideredto have been approved bythe legislature and the governor is authorized to execute the compact on behalfof the state. Each house of the legislature shall vote on the resolutionintroduced in such house within 10 days after introduction unless the otherhouse has already voted againstadoption of theresolution introduced in such other house.
(4) The legislature shall not have the authority to amend or otherwisemodify any proposed gaming compact.
(e) The attorney general shall be the legal counsel for the governor or thegovernor's representatives in negotiating a gaming compact under this sectionand for the joint committee in reviewing proposedcompacts.
(f) A gaming compact negotiated on behalf of the state under this sectionshallcontain:
(1) A provision recognizing the right of each party to the compactto request that the compactbe renegotiated or replaced by a new compact, including the right of thelegislature by concurrent resolution to request renegotiation orreplacement of the compact, and providing the terms underwhich either party, including the legislature, may request a renegotiation orthe negotiation of a new compact; and
(2) a provision that, in the event of a request for a renegotiation or a newcompact, the existing compact will remain in effect until renegotiated orreplaced.
(g) The governor or the governor's designated representativesand theattorney general shall report to the joint committee,at such times as requested by the joint committee, regardinggaming compacts negotiatedand prospective negotiations.
History: L. 1993, ch. 4, § 2;L. 1999, ch. 139, § 4;L. 2005, ch. 49, § 1; July 1.
46-2302.Negotiation of compacts; submission to legislature; approval orrejection; attorney general as legal counsel; compact provisions; report ofgovernor to legislature.(a) Any request by a tribe for negotiation of a gaming compactwith the state of Kansas, including a request for renegotiation of an existinggaming compact,received on or after the effective date of this act shall besubmitted in writing to the governor.
(b) The governor or the governor's designated representatives are authorizedto negotiategaming compacts on behalf of the state of Kansas. At the conclusion ofnegotiations, the governor shall submitthe proposed compact to the joint committee on state-tribal relations forthecommittee's recommendations as to approval or modification of the proposedcompact.
(c) If thejoint committee recommends modification of a proposed compact submitted by thegovernor, the governoror thegovernor's representatives may resume negotiations in accordance with thejoint committee's recommendations and the modified proposed compact shall besubmitted to the joint committee in the same manner as the originalproposed compact.Within 5 daysafter receiving the joint committee's recommended modifications,the governor shall notify the joint committee, in writing,as to whether or not the governor has resumed negotiations.Within 10 days after receipt of notice that the governor has not resumednegotiations,or if the governor fails to notify the joint committee that the governor hasresumed negotiations,the joint committee shall vote to recommend approval or rejection of theproposed compactor shall vote to make no recommendation on the proposed compact.
(d) (1) If the legislature is in session when the joint committee votes torecommend approval or rejection of a proposed compact orvotes to make no recommendation on a proposed compact, as authorized by thissection, the joint committee shall introduce in each house of the legislature,within five days after the joint committee's vote, a resolution approving theproposed compact as submitted by the governor.
(2) If the legislature is not in session when the joint committee votes torecommend approval or rejection of a proposed compact or votes to make norecommendation on a proposed compact, as authorized by this section, the jointcommittee shallintroduce in each house of the legislature, within five days after thebeginning of the next regular or special legislative session following thejoint committee's vote, a resolution approving the proposed compact assubmitted by the governor.
(3) Each resolution introduced pursuant to this section shall beaccompanied by the report of the joint committee recommending that theresolution be adoptedor not be adopted or reporting the resolution without recommendation.If,within 10 days after introduction of the resolutions,a majority of themembers of each house votes to adopt theresolution introduced in such house, the proposed compact shall be consideredto have been approved bythe legislature and the governor is authorized to execute the compact on behalfof the state. Each house of the legislature shall vote on the resolutionintroduced in such house within 10 days after introduction unless the otherhouse has already voted againstadoption of theresolution introduced in such other house.
(4) The legislature shall not have the authority to amend or otherwisemodify any proposed gaming compact.
(e) The attorney general shall be the legal counsel for the governor or thegovernor's representatives in negotiating a gaming compact under this sectionand for the joint committee in reviewing proposedcompacts.
(f) A gaming compact negotiated on behalf of the state under this sectionshallcontain:
(1) A provision recognizing the right of each party to the compactto request that the compactbe renegotiated or replaced by a new compact, including the right of thelegislature by concurrent resolution to request renegotiation orreplacement of the compact, and providing the terms underwhich either party, including the legislature, may request a renegotiation orthe negotiation of a new compact; and
(2) a provision that, in the event of a request for a renegotiation or a newcompact, the existing compact will remain in effect until renegotiated orreplaced.
(g) The governor or the governor's designated representativesand theattorney general shall report to the joint committee,at such times as requested by the joint committee, regardinggaming compacts negotiatedand prospective negotiations.
History: L. 1993, ch. 4, § 2;L. 1999, ch. 139, § 4;L. 2005, ch. 49, § 1; July 1.
46-2302.Negotiation of compacts; submission to legislature; approval orrejection; attorney general as legal counsel; compact provisions; report ofgovernor to legislature.(a) Any request by a tribe for negotiation of a gaming compactwith the state of Kansas, including a request for renegotiation of an existinggaming compact,received on or after the effective date of this act shall besubmitted in writing to the governor.
(b) The governor or the governor's designated representatives are authorizedto negotiategaming compacts on behalf of the state of Kansas. At the conclusion ofnegotiations, the governor shall submitthe proposed compact to the joint committee on state-tribal relations forthecommittee's recommendations as to approval or modification of the proposedcompact.
(c) If thejoint committee recommends modification of a proposed compact submitted by thegovernor, the governoror thegovernor's representatives may resume negotiations in accordance with thejoint committee's recommendations and the modified proposed compact shall besubmitted to the joint committee in the same manner as the originalproposed compact.Within 5 daysafter receiving the joint committee's recommended modifications,the governor shall notify the joint committee, in writing,as to whether or not the governor has resumed negotiations.Within 10 days after receipt of notice that the governor has not resumednegotiations,or if the governor fails to notify the joint committee that the governor hasresumed negotiations,the joint committee shall vote to recommend approval or rejection of theproposed compactor shall vote to make no recommendation on the proposed compact.
(d) (1) If the legislature is in session when the joint committee votes torecommend approval or rejection of a proposed compact orvotes to make no recommendation on a proposed compact, as authorized by thissection, the joint committee shall introduce in each house of the legislature,within five days after the joint committee's vote, a resolution approving theproposed compact as submitted by the governor.
(2) If the legislature is not in session when the joint committee votes torecommend approval or rejection of a proposed compact or votes to make norecommendation on a proposed compact, as authorized by this section, the jointcommittee shallintroduce in each house of the legislature, within five days after thebeginning of the next regular or special legislative session following thejoint committee's vote, a resolution approving the proposed compact assubmitted by the governor.
(3) Each resolution introduced pursuant to this section shall beaccompanied by the report of the joint committee recommending that theresolution be adoptedor not be adopted or reporting the resolution without recommendation.If,within 10 days after introduction of the resolutions,a majority of themembers of each house votes to adopt theresolution introduced in such house, the proposed compact shall be consideredto have been approved bythe legislature and the governor is authorized to execute the compact on behalfof the state. Each house of the legislature shall vote on the resolutionintroduced in such house within 10 days after introduction unless the otherhouse has already voted againstadoption of theresolution introduced in such other house.
(4) The legislature shall not have the authority to amend or otherwisemodify any proposed gaming compact.
(e) The attorney general shall be the legal counsel for the governor or thegovernor's representatives in negotiating a gaming compact under this sectionand for the joint committee in reviewing proposedcompacts.
(f) A gaming compact negotiated on behalf of the state under this sectionshallcontain:
(1) A provision recognizing the right of each party to the compactto request that the compactbe renegotiated or replaced by a new compact, including the right of thelegislature by concurrent resolution to request renegotiation orreplacement of the compact, and providing the terms underwhich either party, including the legislature, may request a renegotiation orthe negotiation of a new compact; and
(2) a provision that, in the event of a request for a renegotiation or a newcompact, the existing compact will remain in effect until renegotiated orreplaced.
(g) The governor or the governor's designated representativesand theattorney general shall report to the joint committee,at such times as requested by the joint committee, regardinggaming compacts negotiatedand prospective negotiations.
History: L. 1993, ch. 4, § 2;L. 1999, ch. 139, § 4;L. 2005, ch. 49, § 1; July 1.
