MARCH 2015 CROW TRIBAL LEGISLATURE

MARCH 2015 CROW TRIBAL LEGISLATURE

SPECIAL SESSION

BILL NO. CLB 15-02

INTRODUCED BY DARRIN OLD COYOTE, CHAIRMAN

CROW TRIBAL EXECUTIVE BRANCH

A BILL FOR AN ACT ENTITLED:

“AN ACT TO AMEND THE CROW BOARD OF HORSE RACING ACT”

WHEREAS, pursuant to Article V, Section 2(a) of the 2001 Crow Tribal Constitution,

the Crow Tribal Legislature (hereinafter, the Legislature”) is vested with the power and duty

to promulgate and adopt laws, resolutions, ordinances, codes, regulations, and guidelines in

accordance with the 2001 Crow Constitution and federal laws; and

WHEREAS, on January 13, 2015, the Chairman of the Crow Tribe submitted the Crow

Board of Horse Racing Act to the National Indian Gaming Commission (NIGC); and

WHEREAS, on March 9, 2015, the Chairman of the Crow Tribe withdrew the Crow

Board of Horse Racing Act from the NIGC’s review and approval process after learning the

NIGC was going to disapprove the Act; and

WHEREAS, the Crow Tribal Gaming Ordinance does not address horse racing; and

WHEREAS, substantial revisions to the Crow Board of Horse Racing Act is required

before it can be resubmitted to NIGC for approval;

NOW, THEREFORE, BE IT RESOLVED BY THE CROW TRIBAL

LEGISLATURE AND THE CROW TRIBAL EXECUTIVE BRANCH:

Section 1. AMENDMENT. This bill entitled “An Act to Amend the Crow

Board of Horse Racing Act,” attached hereto, shall replace CLB 14-01.

Section 2. EFFECTIVE DATE. This Act shall be submitted to the Chairman of

the NIGC within fifteen (15) days after the Legislative Branch has passed it and the

Chairman of the Executive Branch has approved it. It shall be effective immediately

upon the approval by the Chairman of the NIGC.

March 25, 2015 Special Session

A Bill for an Act Entitled: An Act to Amend the Crow Board of Horse Racing Act

Page 1 of 2

CROW BOARD OF HORSE RACING ACT, AMENDED 2015

Section 1. GENERAL PROVISIONS

A.

Cc.

D.

The Crow Tribe retains the sole proprietary interest in, and responsibility for the conduct

of any tribal Class II or Class III gaming activities, and this Act does not preclude the

Crow Tribe from entering into a lawful management contract pursuant to 25 U.S.C. §

2711. Further, the Crow Tribe shall ensure that gaming facilities will be constructed,

maintained and operated in a manner that adequately protects the environment and the

public health and safety.

. Class III gaming licenses with regard to key employees or primary management and

tribal facilities shall be issued by the Tribal Gaming Commission in a manner consistent

with the Tribal Gaming Ordinance. Further, the Tribal Gaming Commission shall issue

licenses for each separate facility where horse racing is conducted.

Horse racing activities shall be operated and managed by the Apsaalooke Casino

Enterprises, Inc.

Racing that would qualify as a bush meet or Class I racing under the Indian Gaming

Regulatory Act is not governed by this Act.

Section 2. AUTHORITY OF THE BOARD

The Crow Board of Horse Racing shall act as the regulatory authority for sanctioned horse racing

conducted within the exterior boundaries of the Crow Indian Reservation with the following

responsibilities:

A.

Promulgate rules for the operation of sanctioned horse racing on the Crow Indian

Reservation consistent with the “Class II] Gaming Compact Between the Crow Tribe and

State of Montana, 6'" Amendment” and in the same manner as rules are promulgated by

the Board.

The Board shall meet at least monthly and keep detailed records of meetings including

the business transacted at the meetings.

Submit monthly financial reports, and other reports required by law, to the Tribal

Chairman of the Executive Branch and to the Chairman of the Gaming & Tribal Business

Enterprises Committee of the Legislative Branch.

Conduct an annual independent audit as required by law and report its findings to the

National Indian Gaming Commission, Tribal Chairman of the Executive Branch, and the

Chairman of the Gaming & Tribal Business Enterprises Committee of the Legislative

Branch. The audit shall include all gaming-related contracts resulting in the purchases of

supplies, services, or concessions amounting to more than twenty-five thousand dollars

($25,000.00) in any year (except contracts for professional legal or accounting services.)

For reporting to both Crow Tribal Branches, the audit shall include all tribal financial

activity occurring under the Horse Racing Board that is not required to be reported to the

NIGC, including contracts in amounts under twenty-five thousand dollars ($25,000.00).

Special Session March 25, 2015

CROW BOARD OF HORSE RACING ACT, AMENDED 2015

Page 1 of 6

E. Regulate horse racing conducted within the exterior boundaries of the Crow Indian

Reservation to ensure it is being operated pursuant to the rules and regulations it adopts.

F. Hire staff as needed in order to fulfill its regulatory functions.

G. Withhold percentages from wagers to be deposited in the Board’s agency fund account

for the exclusive use as live race purses. Other percentages may be withheld for purposes

for the good of the horseracing industry as approved by a duly adopted tribal budget,

provided that all net gaming revenues, as defined in the Tribal Gaming Ordinance, shall

be subject to Section 6 of such Ordinance.

H. Assess new forms of horse racing activities, including pari-mutuel and simulcast racing,

for their potential impact on existing programs on the Crow reservation such as the Indian

Relay and rodeo.

I. Consider the economic and safety impact of horse racing activities on the Crow Indian

Reservation on the horse racing and breeding industry in general.

Records of the Board kept for reporting requirements are public records subject to public

inspection.

Section 3. DIRECTOR

The Crow Board of Horse Racing operates under the purview of the Director, who shall:

A. Bea member of the Crow Tribe.

B. Meet the minimum qualifications and abide by standards of the Crow Board of Horse

Racing.

C. Be appointed and subject to removal by the Tribal Chairman.

D. Direct and supervise the budgeting, record keeping, reporting, and related administrative

and clerical functions of the Board, subject to Board approval.

E. Draft the Board’s budgetary requests.

F. Hire and employ staff for the Board.

G. Assist the Board in drafting and distributing required notices, rules, or orders adopted,

amended, or repealed by the Board.

H. Perform all other duties as directed by the Board.

I. The Director shall be assigned office space within the Executive Branch.

Section 4. BOARD MEMBERSHIP

A. Establishment, composition, appointment and qualifications

1. The Crow Board of Horse Racing shall be comprised of six (6) Board members, one

of whom shall be designated as the Board Chairman. The Board may elect to

designate a Vice-Chairman to serve in the absence of the Chairman. There shall be

one Board member from each of the six (6) legislative districts, who shall each be

nominated by the Tribal Chairman with the advice and consent of the Legislature.

Such advice and consent shall include a concurrence from a majority of the legislators

Special Session March 25, 2015

CROW BOARD OF HORSE RACING ACT, AMENDED 2015

Page 2 of 6

from each district before a nominee is submitted to the Legislature for final approval

through a majority vote.

2. Upon the effective date of the Act, Legislative Resolution No. 14-09 is valid as to the

initial Board members. Upon the event any Board member seat becomes vacant, the

Tribal Chairman shall have thirty (30) days to submit a nomination to the Legislative

Branch in accordance with paragraph | of this section. Upon submission of a

nomination, the Legislature shall make a decision within fifteen (15) days. In the

event the nominee is denied, the Chairman shall submit another name within fifteen

(15) days of the decision. Failure of the Chairman to make a nomination within the

time prescribed herein, or failure of the Legislative Branch to either confirm or deny

the nomination within the time prescribed herein, shall vest the authority in the Crow

Board of Horse Racing to make a selection by a majority vote of a quorum of the

Board.

3. The Chairman of the Crow Board of Horse Racing shall be nominated by the Tribal

Chairman and confirmed by a two-thirds (2/3) vote of the Legislature. Upon the

effective date of this Ordinance or upon the event the position of the Board Chairman

becomes vacant, the appointment process shall be the same as that for Board

members.

4. No nominee of the Crow Board of Horse Racing shall exercise any authority under

this Act until duly confirmed under this Act.

5. All Crow Board of Horse Racing members shall be members of the Crow Tribal

General Council and must be registered to vote in the districts they represent at the

time of their confirmation.

6. Shall not hold elected office with the Crow Tribe while serving under this Act.

7. Board members must be licensed by the Tribal Gaming Commission in a manner

consistent with the Tribal Gaming Ordinance.

8. All members of the Board including the Director shall demonstrate knowledge and

familiarity with the following:

a. The Horse Racing Industry, generally;

This Act;

Class III gaming laws on the Crow Indian Reservation;

Administrative law and procedure;

Structure of the Crow Tribal government and the 2001 Crow Tribal

Constitution.

9. Membership in the Crow Board of Horse Racing shall not constitute full-time

employment with the Crow Tribe.

eno Ss

Special Session March 25, 2015

CROW BOARD OF HORSE RACING ACT, AMENDED 2015

Page 3 of 6

B.

C.

Terms

Appointments shall be for a period of four (4) years. The terms shall be staggered which

shall result in appointments every two years and provide for the continuity of the Board.

The Chairman of the Board and all Board members may be re-appointed for successive

terms under the same process as the initial appointment.

Removal

1. All members of the Crow Board of Horse Racing may be removed for good cause by

a majority of the Crow Tribal Legislature upon referral by a majority vote of a

quorum of the remaining Board members, or in accordance with the process set in

Article VIII, Section 3 of the 2001 Crow Constitution. Good cause shall exist when

any conditions occur, or is discovered, which would exclude a person from

appointment or demonstrate an unwillingness to comply with the requirements of this

Act, including but not limited to the conflicts of interest, or Horse Racing regulatory

law.

2. Good cause removal shall be reviewable in Crow Tribal Court. Such judicial review

shall consider all facts with a clear error standard and shall uphold the Crow Board of

Horse Racing decision unless such decision is found to be arbitrary, capricious, an

abuse of authority, or otherwise unlawful.

Section 5. RULEMAKING

The Crow Board of Horse Racing shall adopt rules and regulations that provide for the following

overall purposes:

VaAw>

Uniform regulatory climate that ensures the neutrality and validity of every race;

Health, safety, and welfare of race personnel and livestock;

Fairness and integrity of the pari-mutuel wagering system;

Be at least as restrictive as applicable provisions of the Administrative Rules of Montana

adopted by the State Board of Horse Racing.

The Board shall adopt rules to govern race meets. These rules shall be adopted by the Board

within six (6) months of the effective date of this Act, and shall include the following:

QAmmMOAW >

Defining terms necessary to implement the Act

Financial reporting and audit requirements

Prevention of corrupt practices

Other duties of the Director

Other duties of the Board members

Functions of the presiding steward, racing secretary, and other racing officials

Conflict of interest provisions for all horse racing officials

Special Session March 25, 2015

CROW BOARD OF HORSE RACING ACT, AMENDED 2015

Page 4 of 6

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Prohibition on immediate relatives of horse racing officials engaging in Crow Board of

Horse Racing Act sanctioned events

Prescribing horse racing licenses of all personnel who have anything to do with the

substantive operation of horse racing

Establishment of dates for race meets

Establishment of horse breeding and racing standards on the Crow Indian Reservation

Establishing veterinary practices and standards observed in connection with race meets

. Establishing standards for trainers to protect the safety and health of horses and mules,

regardless of any third-party involvement

Establishing standards for the issuance and revocation of horse racing licenses for

individuals that have previously been suspended by the Board or another horse racing

jurisdiction

Setting horse racing license fees sufficient to recover the cost of issuing a license

. Coordination with the Crow Tribal Gaming Commission and the Apsaalooke Casino

Enterprise to ensure the implementation of this Act is in conformity with all Class III

gaming laws and regulations of the Crow Indian Reservation

Rules and Regulations adopted by the Board which are necessary and proper for the

operation of horse racing under this Act shall be submitted and ratified through a joint action

resolution of the Crow Tribe Legislative and Executive Branch, after a thirty (30) day public

comment period.

Section 6. RACE MEETS

A.

B.

A person applying for a license to hold a race meet under this Act shall file an application

with the Board. The Board will then set the time, place, and the terms of the license.

Participants are required to have paid an annual fee and possess a current horse racing

license issued by the Board before engaging in any race meet sanctioned by the Board.

Fees shall be paid to the Board and used only for administrative purposes.

Participants holding a horse racing license under this Act shall comply with this Act and

the rules and regulations of the Board.

A horse racing license shall not be issued to a participant who failed to pay any fees or

taxes required by Crow tribal law.

Applications to hold race meets shall be submitted to the Board, and the Board shall act

on the application within thirty (30) days of receipt. The Board is the sole judge of

whether a race meet may be licensed.

Before granting a horse racing license, the Board shall require that any independent

racing association conducting race meets satisfy the requirements of the rules and

regulations adopted by the Board.

A horse racing license held by a participant who violates this Act or the Board’s rules and

regulations is subject to cancellation or revocation by the Board.

Special Session March 25, 2015

CROW BOARD OF HORSE RACING ACT, AMENDED 2015

Page 5 of 6

Section 7. PENALTIES AND JUDICIAL REVIEW

A. A person holding a race meet, or an owner, trainer, jockey, or groom participating in a

race meet, without first being licensed under this Act, or a person violating this Act, shall

be prosecuted under applicable law.

B. The Board, or upon the Board’s authorization, the board of stewards of a race meet at

which they officiate, may exclude from race courses, any person that the Board considers

detrimental to the best interest of horse racing as defined by the rules of the Board.

C. Upon Board authorization, through an act of a board of stewards of a race meet, the

Board may suspend or revoke any horse racing license issued by the Board and assess a

fine, not to exceed one-thousand dollars ($1,000.00), against a licensee who violates any

of the provisions of this Act or any rule, regulations or order of the Board. In addition to

the suspension or revocation and fine, the Board may forbid application for re-licensure

for up to two (2) years. Fines collected under this subsection shall be deposited in the

Board’s agency fund account for the exclusive use for live horse race purses or for other

such purposes for the good of the horseracing industry as defined by the rules of the

Board. Provided that, all net gaming revenues, as defined in the Tribal Gaming

Ordinance, shall be subject to provisions of Section 6 of such Ordinance.

D. The Board shall promulgate rules establishing hearing procedures for individuals against

whom action is taken or proposed under this Act. The rules may include provisions for

the following:

1. Summary imposition of penalty by the stewards of race meets, including a fine

and license suspension, subject to review by the Board;

2. Stay of a summary imposition of penalty by either the Board or the Board of

stewards;

3. Retention of purses pending final disposition of complaints, protests, or appeals of

stewards’ rulings;

4. Assessment of penalty and interest on the late payment of fines, which shall be

paid before licenses are reinstated;

E. The Crow Tribal Court has exclusive jurisdiction for judicial review of cases arising

under this Act.

F. The Director and Board members shall remove themselves from any hearing due to

conflict of interest for all cases in which their interest is at stake.

Special Session March 25, 2015

CROW BOARD OF HORSE RACING ACT, AMENDED 2015

Page 6 of 6

CERTIFICATION

I hereby certify that this Bill for an Act entitled “AN ACT TO AMEND THE CROW

BOARD OF HORSE RACING ACT” was duly approved by the Crow Tribal Legislature

with a vote of 16 in favor, _0_ opposed, and _0_ abstained, and that a quorum was present on

this _25'" day of March, 2015.

Sen. R. Knute Old Crow, Sr.

Speaker of the House

Crow Tribal Legislature

yuetttetay,

ATTEST: oh 1H ECRO Yn,

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OLN. _ \ re? VE:

Sen. Patrick Alden, Jr. Baty SEAL iB:

Secretary on og

Crow Tribal Legislature Oe Se OS Ss

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EXECUTIVE ACTION

Thereby

APPROVE

VETO

This Bill for an Act entitled “AN ACT TO AMEND THE CROW BOARD OF HORSE

RACING ACT” pursuant to the authority vested in the Chairman of the Crow Tribe by Article

\ we n 8 of the Constitution and Bylaws of the Crow Tribe of Indians, on this ( day of

- Wed

Jarrin Old Coyate, Chaitan

Crow Tribal Executive ch

March 25, 2015 Special Session

A Bill for an Act Entitled: An Act to Amend the Crow Board of Horse Racing Act

Page 2 of 2

A BILL FOR AN ACT ENTITLED:

“AN ACT TO AMEND THE CROW BOARD OF HORSE RACING ACT”

Bill or Resolution: CLB15-02 Introduced by:_Chairman Darrin Old Coyote Date of Vote: 3/25/2015

Number

Representative: Yes No Abstained

G. Three Irons

B. Rogers

C. J. Stewart

P. Hill

E. Birdinground

A.Coyote-Runs, Sr.

V. Nomee

T. Gros Ventre

~ PM i IX fp pf ps

V. Crooked Arm

P. Spotted Horse, Sr.

L. DeCrane

C. Goes Ahead

B. Hugs

G. Real Bird, Jr.

B. Good Luck

G. Stewart

~ I PD Pt pt DX i

P. Alden, Jr.

Secretary of the House

~

R. Old Crow, Sr.

Speaker of the House

Totals: 16

Result of Vote:

Passed Not Passed Tabled Veto-Override

4

ALAMMA we0ie | at as, AL

Senator R. Knute Old Crow, St Date sit Pat Alden, Jr. Date

Speaker of the House Secretary of the House

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