February 26, 2013 Comments Off on UPDATED: PENDING ARIZONA LEGISLATION AFFECTING INDIAN TRIBES
UPDATE 04/29/2013: Only two of the bills listed below have survived the legislative process so far. Versions of House Bill 2205 have passed in both the House and the Senate, and a conference committee is currently working on amendments to which both the House and the Senate can agree. HB 2205 places restrictions on ATM and point-of-sale terminals at tribal gaming facilities (see below for more information on this bill). Senate Bill 1317 passed in the Senate and is now being considered by the House. SB 1317 would authorize distributions from the State Aviation Fund for aviation facilities on tribal land (see below for more information on this bill).
The legislation introduced in the current session of the Arizona Legislature includes a number of bills that relate to Indian tribes and Indian affairs. The following lists the major bills introduced, provides a brief summary of each bill and how it affects Indian affairs, and gives the current status of each bills. The list does not include all bills in the Arizona Legislature related to Indians and tribes.
SB 1431: Special License Plates for American Indian Veterans National Memorial
This Senate bill authorizes the Department of Transportation to issue special license plates honoring American Indian Veterans if a non-governmental entity pays an initial $32,000 to the Department and provides an acceptable design for the plate. The bill would also establish an American Indian Veterans National Memorial Fund. For each license plate, a $25 special fee would be charged, and $17 out of each $25 fee would be allocated to the Fund. The bill calls for the first $32,000 contributed to the Fund to be reimbursed to the entity that paid the initial $32,000. After the reimbursement, all other money deposited into the Fund would be used to support an in-state institution dedicated to Indian art and history that has a memorial honoring American Indian veterans. The bill is currently in committee. Click here to read the bill.
SCM 1002: Cabinet-Level Indian Affairs Department
This concurrent memorial (a type of resolution) was introduced in the State Senate and urges the Governor to establish a cabinet-level Indian Affairs Department. As support for the creation of an Indian Affairs Department, the memorial notes that Arizona is home to more than 294,000 American Indians and 22 Indian nations and tribes, and that these Indians and tribes contribute significantly to Arizona’s economy. The memorial also recognizes that New Mexico, with a smaller Indian population, established an Indian Affairs Department to address policies and programs affecting Indians and to promote a “strong, respectful and productive relationship” with Indians and tribes in New Mexico. The memorial is currently in committee. Click here to read the memorial.
HB 2522 / SB 1319: Allocation of Transaction Privilege Tax Revenue for Telecom Infrastructure and Community Development on Tribal Land
This bill was introduced in both the House and the Senate and allocates certain tax revenue for telecommunications infrastructure and community development on tribal land. Under A.R.S. § 42-5029(A)(3), the state is required to separately account for tax revenues collected from sources on Indian reservations in Arizona. This bill adds a new subsection to § 42-5029 that requires fifty percent of all transaction privilege taxes collected under § 42-5029(A)(3) be given to the Indian tribe on whose reservation the transaction occurred. Notably, the amendment also requires that the tribe use the revenue for telecommunications infrastructure and for community development. Please note that state taxation in Indian Country is a complex area of law and that the collection and sharing of revenue with an Indian tribe may require a state-tribal compact. Both the House Bill and the Senate Bill are currently in committee. Click here to read HB 2522 and here to read SB 1319.
HB 2205: Restrictions Affecting ATM and Point-of-Sale Terminals at Tribal Gaming Facilities
This house bill applies to “electronic benefit transfer” cards, or EBT cards, issued to persons who receive cash assistance under a state welfare program. Specifically, the bill would prevent a person to whom an EBT card is issued from redeeming the EBT card at ATM and point-of-sale terminals located at liquor, gaming, and adult entertainment facilities. In addition, the bill would require Indian tribes to enact a tribal ordinance that (1) prohibits placing an ATM near any gaming device, and (2) prohibits placing an ATM or point-of-sale terminal that accepts EBT cards in a gaming facility. After amendments to the bill’s language, the bill cleared the Reform and Human Services and Rules Committees and was reread on the House floor. Click here to read the bill, as amended.
SB 1317: Distributions from State Aviation Fund to Indian Tribes for Aviation Facilities on Tribal Land
Senate Bill 1317 permits Indian tribes to receive money from the State Aviation Fund if the funds are used for the planning, development, land acquisition, and construction of airport facilities. The airport must be publicly owned and operated on land that is owned by an Indian or owned by an Indian tribe. This bill now proper for consideration by the State Senate. Click here to read the bill.
HB 2338: Partnerships to Establish Regional Water Augmentation Authorities
This bill allows for the formation of Regional Water Augmentation Authorities (RWAA) by two or more public and private organizations, including Indian tribes. An RWAA may also partner with an Indian tribe as part of its work in the delivery and treatment of water. The bill is still in committee. Click here to read the bill.
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