RESOLUTION 93

WHEREAS, the Prairie Island Indian Community in the State of Minnesota (also

known as the Prairie Island Mdewakanton Dakota Community) is a federally recognized

Tribe organized under 25 U.S.C. § 476, and is governed under the terms of the

Constitution and By-laws adopted by the tribal members on May 23, 1936, and approved

by the Secretary of the Interior on June 20, 1936; and

WHEREAS, the said Constitution and By-laws provide that the Community Council

(sometimes referred to as the Tribal Council), shall be the governing body for the Prairie

Island Indian Community (Article IV, Section 1); and

WHEREAS, the Tribal Council has the authority to establish ordinances for the

maintenance of law and order upon the Reservation and for the establishment of courts to

enforce such ordinances; and

WHEREAS, the Tribal Council has the authority under the Constitution and By-laws to

promulgate ordinances, resolutions, institute regulations, and consider various legal

matters that fall within the authority of a federally recognized Indian tribe; and

WHEREAS, the Tribal Council has the authority under the Constitution and By-laws to

promote the general welfare of the Community by regulating the conduct of trade and the

use and disposition of property upon the Reservation; and

WHEREAS, the Prairie Island Indian Community is a federally recognized Indian Tribe

and owns and operates a gaming enterprise, Treasure Island Casino & Bingo (Treasure

Island), located at 5734 Sturgeon Lake Road, Welch, MN 55089, regulated under the

Indian Gaming Regulatory Act of 1988, 25 U.S.C. § 2701 et. seq. (IGRA); and

WHEREAS, the National Indian Gaming Commission has issues new regulations 25

CFR Parts 501 et al. and 25 CFR Part 502 governing definitions under IGRA; Class II

and Class III Gaming Ordinances; Background Investigations and Gaming Licenses

Under the IGRA; Privacy Act Procedures under the IGRA; and

Prairie Island Tribal Council

(A Tribal Government)

1158 Island Blvd Welch, MN 55089

(612) 385-2554 1-800-554-5473 Fax (612) 388-1576
WHEREAS, the Tribal Council wishes to enact an Ordinance that complies with the

new regulations issued by the National Indian Gaming Commission; and

WHEREAS, the Tribal Council determined that in order to promote economic

development on the Reservation and promote the general welfare of the Community and

to better manage its business it must revise the PRAIRIE ISLAND INDIAN

COMMUNITY GAMING ORDINANCE.

NOW THEREFORE BE IT RESOLVED, the Tribal Council hereby adopts the

following revisions to the PRAIRIE ISLAND INDIAN COMMUNITY GAMING

ORDINANCE:

1. Section 505.5. Audits. is added to read as follows:

The Tribal Council shall cause to be conducted annually an independent audit of gaming

operations and shall submit the resulting audit reports to the National Indian Gaming

Commission.

2. Section 303(a)(11.5) is added to read as follows:

For each criminal charge (excluding minor traffic charges), whether or not there is a

conviction, if such criminal charge is within 10 years of the date of the application and is

not otherwise listed pursuant to paragraph (10) or (11) of this section, the criminal charge,

the name and address of the court involved and the date and disposition;

3. Section 303(a)(15) is modified to read as follows:

Any other information the Tribe deems relevant; and

4. Section 303(a)(16) is added to read as follows:

Fingerprints consistent with procedures adopted by the Tribe according to 25 C.F.R. §

522.2(h).

5. Section 304(d) is added to read as follows:

If a license is not issued to an applicant, the tribe;

(1) Shall notify the National Indian Gaming Commission; and

(2) May forward copies of its eligibility determination and

investigative report (if any) to the National Indian Gaming Commission

for inclusion in the Indian Gaming individuals Records System.

6. Section 102 (j) Key Employees is modified to read as follows:

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Key employees shall mean persons who performs one or more of the following

functions: Bingo Caller, Counting Room Supervisor, Chief of Security, Custodian of

gaming supplies or cash, Floor manager, Pit boss, Dealer, Croupier; Approver of credit;

or Custodian of gambling devices including persons with access to cash and accounting

records within such devices. If not otherwise included, any other person whose total cash

compensation is in excess f$50,000 per year. Or, if not otherwise included, the four most

highly compensated persons in the gamin operation.

7. Section 102 (m) Management Officials is modified to read as follows:

Management Official means the person having management responsibility for a

management contract. Also, any person who has authority to hire and fire employees or

to set up working policy for the gaming operation. Also, the chief financial officer or

other person who has financial management responsibility.

CERTIFICATION

This resolution was passed at an Executive meeting of the Prairie Island Tribal Council

with a quorum present with a vote of

6 for, 0 against, O abstentions,

on Oc1o~f 73~l993

Freeman J~~son, President Jæy Johns~<h, ~~ice President

________

Edith

~ /~ ~ Pacini, Secretary Vine H. Wells, Treasurer

Lu Taylor4~acob~łfl~ Sec.-Treasurer

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