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NCA 03-1 55 ~ / 8

CLASSIFICATION: #21. GAMING

A LAW OF THE MUSCOGEE (CREEK) NATION AMENDING CERTAIN PROVISIONS OF

THE GAMING CODE, NCA 01-183, §~ 202, 203, 309, 403 and 506 AND ADDING

SECTION 525 TO CHAPTER FIVE REGARDING THE ACCEPTANCE OF THINGS OF

VALUE BY THE COMMISSIONER, OPG EMPLOYEES, GOAB AND THEIR

EMPLOYEES AND CHARTERED INDIAN COMMUNITIES AND THEIR EMPLOYEES

SECTION ONE. AMENDMENT NCA 01-183, §202 is hereby amended to read as follows:

Section 202. Appointment and Terms.

The Principal Chief shall nominate a full citizen of the Muscogee (Creek) Nation to serve

as the Commissioner, subject to confirmation by Tribal Resolution. The Commissioners

term will be for a period of three (3) years commencing on the effective date of the Tribal

Resolution. The Commissioner shall be subject to a background investigation which shall

contain the same information as required from gaming license applicants. The background

investigation shall be completed by the Attorney General or a company selected by the

Attorney General that performs background investigations. All costs associated with the

background investigatioh shall be borne by the Office of Public Gaming. This findings shall

be presented to National Council in executive session. The background investigation and

findings shall be confidential and no copies of the investigation results shall be retained.

The original shall be kept in the Office of Public Gaming with the gaming license

applications.

SECTION TWO. AMENDMENT NCA 01-1 83, § 203 is hereby amended to read as

follows:

Section 203. Outside Employment and Activities of Commissioner.

The Commissioner may not hold other tribal positions except temporary duties assigned

by Executive Orderto be performed without increase in compensation. The Commissioner

may not be employed outside of the Nation. The Commissioner shall post a bond with the

Muscogee (Creek) Nation in the amount of One Hundred Thousand Dollars ($100,000.00).

SECTION THREE. AMENDMENT NCA 01-1 83, § 309, is hereby amended to read as

I hcrcby certify that I am the designated, Secretary of the National

Council of the Muscogce (Creek) Nation. I further certify that this

document is a true and correct copy of the original Law NCA 03-I 55

Executed the 310) day of November, 2003

Council

follows:
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NCA 03-1 55

Section 309. License Eligibility Determination.

A. Review; Finding .

The Commissioner shall review an applicants prior

activities, criminal record, if any, and reputation, habits and associations to make a finding

concerning the eligibility of a license applicant for employment in a gaming operation.

B. Denial of License. The Commissioner shall not issue a license to the applicant

if the Commissioner determines that:

1. the applicant has been convicted of or has plead guilty or no contest to any

felony in proceedings in a federal or state court; or

2. the applicant has been convicted of or has plead guilty or no contest to a

misdemeanor involving theft or dishonesty in proceedings in a federal or state court ; or

3. the applicant has been convicted of or has plead guilty or no contest to a criminal

charge involving theft or dishonesty in proceedings in a tribal court punishable by

incarceration for one year or less, regardless of whether such charge is classified

as a misdemeanor or a felony by tribal law; or

4. employment of the person otherwise poses a threat to the public interest or to

the effective regulation of gaming, or creates or enhances dangers of unsuitable, unfair or

illegal practices and methods and activities in the conduct of gaming.

SECTION FOUR. AMENDMENT NCA 01-183, § 403.B.6 is hereby amended to read as

follows:

6. The Gaming Operations Authority Board is further authorized to conduct gaming at the

Nations Travel Plazas in accordance with the Nations gaming laws, the rules, regulations

and authorities of the Nations Office of Public Gaming, the regulations of the National

Indian Gaming Commission, the Indian Gaming Regulatory Act and/or other federal

gaming laws applicable to Indian Gaming; provided, however, the Board shall first

negotiate for the use of space within the Travel Plaza with the manager thereof. Any

agreement for the use of such space shall be in writing and signed by the Chairperson of

the Gaming Operations Authority Board and the Chairperson of the Tribal Trade &

Commerce Authority, or other entity that has assumed management of the Nations Travel

Plazas. After execution, copies of same shall be furnished to the Principal Chief and to

Speaker of the National Council for distribution to its members. Additional gaming facilities

may be opened by the Board only after the approval of new locations by duly enacted

Tribal Resolution of the National Council.
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NCA 03-1 55

SECTION FIVE. AMENDMENT NCA 01-183, § 403.E.7 is hereby amended to read as

follows:

7. Notice of meetings of the Gaming Operations Authority Board, either regular or special,

shall contain an agenda which describes each item of business to be conducted. The

agenda may include a line item for new business which shall allow the Board to discuss

any new Gaming Operations Authority Board business which has arisen since the time of

the posting of the agenda.

SECTION SIX. AMENDMENT NCA 01-183, § 506 is hereby amended to read as follows:

Section 506. Licensee shall not play.

No licensee shall be allowed to play any games in any facility for which they are licensed.

When a licensee plays games in another gaming facility, he or she shall not wear badges,

uniforms orapparel ofany kind that refers to or bears logos or names ofa gaming

licensee. Special employee events shall be exempt from this law. Employees of a

Muscogee (Creek) Nation travel plaza shall not play any games in a Muscogee (Creek)

Nation travel plaza gaming facility.

SECTION SEVEN. NEW LAW There is hereby created a new law to be codified as NCA

01-183, Chapter Five, § 525, as follows:

Section 525. Receiving items of value.

A. The Commissioner and Office of Public Gaming employees shall not accept or receive

anything of value, including without limitation airfare, travel accommodations, meals,

prizes, personal items, and apparel of any kind, from the Gaming Operations Authority

Board, any member of the Gaming Operations Authority Board, any gaming licensee, any

applicant for a gaming license, any gaming vendor, any potential gaming vendor or any

other person who does business with the Muscogee (Creek) Nation or who seeks to do

business with the Muscogee (Creek) Nation; provided that this provision shall not apply to

promotional items that are given to the general public and that have a value of less than

ten dollars ($10.00). Violation of any of the activities prohibited in this subsection may be

a criminal offense punishable in accordance with the Criminal Offenses Code.

B. The Gaming Operations Authority Board members and employees, shall not accept

or receive anything of value, including without limitation airfare, travel accommodations,

meals, prizes, personal items, and apparel of any kind, from any gaming licensee, any

applicant for a gaming license, any gaming vendor, any potential gaming vendor or any

other person who does business with the Muscogee (Creek) Nation or who seeks to do
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NCA 03-1 55

business with the Muscogee (Creek) Nation; provided that this provision shall not apply to

promotional items that are given to the general public and that have a value of less than

ten dollars ($10.00). The Gaming Operations Authority Board members and their

employees shall not provide or receive meals at their meetings paid from funds of the

Nation, including funds from the Gaming Operations Authority Board budget or funds from

gaming facilities. Violation of any of the activities prohibited in this subsection may be a

criminal offense punishable in accordance with the Criminal Offenses Code.

C. Members of the Board of Directors and employees of a Chartered Indian Community,

including any employees of a gaming enterprise operated by or on behalf of a Chartered

Indian Community, shall not acceptor receive anything of value, including without limitation

airfare, travel accommodations, meals, prizes, personal items, and apparel of any kind,

from any gaming licensee, any applicant for a gaming license, any gaming vendor, any

potential gaming vendor or any other person w ho d oes business with the Muscogee

(Creek) Nation or a Chartered Indian Community or who seeks to do business with the

Muscogee (Creek) Nation or a Chartered Indian Community; provided that this provision

shall not apply to promotional items that are given to the general public and that have a

value of less than ten dollars ($10.00). Violation of any of the activities prohibited in this

subsection may be a criminal offense punishable in accordance with the Criminal Offenses

Code.

ENACTED by the Muscogee (Creek) National Council on this ~day of October 2003

IN WITNESS WHEREOF, the Speaker of the Muscogee (Creek) National Council has

hereto attached his signature.

Wilbur Gouge, Speake~7

National Council

Muscogee (Creek) Nation

CERTIFICATION

I, the undersigned, certify that the foregoing is a true extract from the minutes of the

Muscogee (Creek) National Council comprised of twenty-six members with Twenty-one

members attending this meeting on the ~day of October 2003 and that the above is

in conformity with the provisions therein adopted by a vote of 17 in favor, ~ against, 0

abstentions (one representative out of seat at time of casting of vote), and that said Law

has not been rescinded or amended in any way and the above is the signature of the

Speaker of the National Council.

~~t~dingcretary

Muscogee (Creek) National Council
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NCA 03-1 55

APPROVAL

I, the Principal Chief of the Muscogee (Creek) Nation, hereby affix my signature this

? day of __________, 2003, to the above Law, NCA 03-155, authorizing itto become

a Law under Article VI., Section VI., of the Constitution of the Muscogee (Creek) Nation.

R. Perry Beaveri~rincipal Chief

Muscogee (Creek) Nation