Indian Gaming Regulatory Act Amendments of 2004

Bill: 108-s-2232
Sponsor: Sen. Campbell, Ben Nighthorse [R-CO]
Introduced: 2004-03-25 in the Senate
Policy area: Native Americans
Subjects: Accounting
Administrative fees
Administrative procedure
Administrative remedies
Civil actions and liability
Concessions
Conflict of interests
Consultants
Crime and Law Enforcement
Delegation of powers
Department of the Interior
Depositions
Due process of law
Economics and Public Finance
Federal employees
Federal officials
Federal-Indian relations
Finance and Financial Sector
Fines (Penalties)
Gambling
Gifts
Government Operations and Politics
Government contractors
Government ethics
Government paperwork
Governmental investigations
Identification of criminals
Injunctions
Interest
Law
Licenses
Minorities
Performance measurement
Salaries
Sports and Recreation
Subpoena

Summary:
action_date: 2004-03-25
text: 
Indian Gaming Regulatory Act Amendments of 2004 - Amends the Indian Gaming Regulatory Act to define a regulated person or entity to be a Indian tribe, a tribal operator of an Indian gaming operation, or any related management contractor or associated person, including certain concessionaires.
 

 
Revises procedures for filling vacancies on the National Indian Gaming Commission and the powers of the Chairman.
 
Directs the Commission to monitor, inspect, and access records of class III gaming. Authorizes it, in the case of contumacy by, or refusal to obey any subpoena issued to, any person, to request the Attorney General to invoke the jurisdiction of any U.S. court to compel compliance.
 
Authorizes the Commission to accept gifts on its behalf, subject to specified prohibitions.
 

 
Requires the Commission to develop a nonbinding minimum five-year regulatory plan to carry out its activities.
 
Adjusts the salary of the General Counsel to the Commission and of other staff.
 
Requires Commission Chairman approval of any tribal gaming ordinance that provides for a system ensuring background investigations and continuing oversight of tribal gaming commissioners and key tribal gaming commission employees (as well as primary management officials and key employees of a class II gaming enterprise, as under current law).
 
Allows an Indian tribe to enter into a management contract for the operation and management of a class III gaming activity, subject to specified requirements currently applicable to class II gaming management contracts.
 
Revises the authority of the Chairman to levy and collect appropriate civil fines up to $25,000 per violation to specify up to $25,000 per violation, per day. Authorizes the Chairman to issue orders: (1) requiring accounting and disgorgement, including interest; and (2) of reprimand, censure, or the placement of limitations on gaming activities and functions of any regulated person or entity for violations of Federal law or Commission or tribal regulations or ordinances.
 

 
Requires the Commission to provide the regulated person or entity (currently, the tribal operator of an Indian game or a management contractor) with a written complaint if the Commission has reason to believe that such person or entity is engaged in specified activities.
 
Authorizes Federal court enforcement of Commission subpoenas.
 
Limits the schedule of fees to be paid to the Commission by each gaming operation that conducts a class II or class III gaming activity during any fiscal year to 0.080 percent of the gaming revenues.


Legislative actions:
action_date: 2004-03-25
text: Read twice and referred to the Committee on Indian Affairs. (text of measure as introduced: CR S3182-3184)
action_date: 2004-03-25
text: Sponsor introductory remarks on measure. (CR S3182)
action_date: 2004-03-25
text: Introduced in Senate