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Updated through the 2005 Supplementary Pamphlet
Chapter 1 - Adoption of Article 9 of UCC
Chapter 2 - Hotel and Innkeepers Liability
CHAPTER 1. ADOPTION OF ARTICLE 9 OF UCC
WHEREAS, the Mashantucket Pequot Tribe is a federally recognized Tribal
government with sovereign authority over its governmental affairs; and
WHEREAS, this Mashantucket Pequot Tribal Council is the duly constituted
governing body of the Tribe in accordance with the Constitution and By-Laws
of the Tribe; and
WHEREAS, ordinary business transactions within the Mashantucket Pequot
Reservation are generally governed by the same laws as are applied to other
commercial transactions occurring within the state of Connecticut; and
WHEREAS, this Council has determined that it is in the best interests
of the Tribe to adopt a commercial code to govern commercial transactions on
the Reservation and to clarify the law with respect to certain gaps in the law
applicable to certain transactions that occur on the Reservation; and
WHEREAS, Article 9 of the Uniform Commercial Code as in effect in Connecticut,
which governs security interests granted in connection with financing arrangements,
exempts transfers by a government from the coverage of Article 9 on the theory
that such transfers are usually subject to special laws governing the applicable
security arrangements; and
WHEREAS, as a result of this exemption, it is unclear whether security
interests granted by the Tribe are within the scope of Article 9 as currently
in effect under the laws of the state of Connecticut; and
WHEREAS, the Tribe from time to time grants security interests in order
to assist the Tribe in financing its needs, and the Tribe intends that such
security interest should be perfected in the same manner and with the same effect
as security interests granted by other borrowers; and
WHEREAS, this Council finds that it is necessary to fill the gap in existing
law by enactment of this Law to clarify the status of security interests granted
by the Tribe; and
WHEREAS, certain forms of gaming are lawful within the limits of the
Mashantucket Pequot Reservation in accordance with the Indian Gaming Regulatory
Act and the Mashantucket Pequot Tribal Gaming Law; and
WHEREAS, in accordance with said laws, credit may lawfully be provided
to persons for the purpose of participating in gaming activities conducted on
the Reservation; and
WHEREAS, this Council has determined that it is consistent with such
laws and with the public policy of the Tribe that such obligations when made
should be enforceable at law;
NOW, THEREFORE, BE IT RESOLVED THAT, the following is enacted as the
Mashantucket Pequot Tribal Commercial Code:
CHAPTER 1. ADOPTION OF ARTICLE 9 OF UCC
Section 1. Adoption of Provisions of the Uniform Commercial Code
Notwithstanding any provision of the laws of the Tribe to the contrary, the provisions of Article 9 of the Uniform Commercial Code as enacted in Title 42a of the Connecticut General Laws and as the same may be amended from time to time by the General Assembly of Connecticut, shall be deemed adopted and incorporated by reference as if set out in full herein as the laws of the Mashantucket Pequot Tribe applicable to all security interests granted by the Tribe, including any agency, enterprise or other instrumentality of the Tribe; provided, however, that the provisions of C.G.L. SS42a-9-104(E) or any corresponding successor provision of the laws of the state of Connecticut which would exempt security interests granted by a government from the scope of Article 9 of the Uniform Commercial Code shall not be adopted by the Tribe; and further provided, that security interests granted by TCR021392-01, the Tribe shall be deemed perfected under the laws of the Tribe when perfected in the manner provided for perfection of security interests under the laws of the state of Connecticut, including the place of filing for any financing statement as provided in such laws of the State; and further provided, that the laws of the Tribe as herein enacted with respect to such security interests granted by the Tribe shall be applicable to such security interests to the extent, and only to the extent that the provisions of Title 42a of the Connecticut General Laws are deemed inapplicable to such security interests by virtue of C.G.L. SS42a-9-104(e) or any corresponding successor provision of the laws of the state of Connecticut which would exempt security interests granted by a government from the scope of Article 9 of the Uniform Commercial Code.
Section 2. Enforcement of Gaming Debts
Any other provision of law notwithstanding, obligations for the repayment of debts incurred for the purpose of participating in lawful gaming activities within the Mashantucket Pequot Reservation are declared valid and enforceable in accordance with the public policy of the Mashantucket Pequot Tribe. All persons entering upon the Reservation for the purpose of participating in lawful gaming activities are deemed by such entry and participating to consent to the exercise of jurisdiction by the Tribe over such persons in any civil action to enforce obligations arising from any transaction which arises within the Mashantucket Pequot Reservation, including the jurisdiction of the tribal courts of the Mashantucket Pequot Tribe, and except where otherwise prohibited by the laws of the Tribe the tribal court of the Mashantucket Pequot Tribe shall have jurisdiction over such actions and persons to enforce such obligations.
Section 3. Applicability of Other Laws
Except as modified by the provisions of this Law or other laws of the Tribe, the laws of the Tribe applicable to any commercial transaction arising within the Mashantucket Pequot Reservation shall be deemed to be those laws of the state of Connecticut which are generally applicable to similar commercial transactions occurring elsewhere within the State, and such laws are hereby adopted and incorporated by reference as the laws of the Tribe applicable to such transactions.
Section 4. Applicability of this Law to Prior Transactions
The provisions of this Law shall be applicable to all security interests granted by the Tribe prior to the enactment of this Law, unless such application would be inconsistent with rights vested in any party other than the Tribe by operation of the provisions of any existing contract between the Tribe and such party.
CHAPTER 2. HOTEL AND INNKEEPERS LIABILITY
Section 1. Loss of Valuables of Guests and Patrons
The proprietor of a hotel located on the Mashantucket Pequot Reservation shall not be liable for the loss of or damage to any securities, bank notes, money, jewelry, precious stones, watches or other valuables belonging or brought to such hotel by a guest of such hotel unless such guest has delivered such property to the person in charge of the office of such hotel for safekeeping and taken a written receipt therefor, provided such proprietor shall have posted in the room of such guest or in the registration area of such hotel a notice to the effect that such proprietor has provided a safe for the keeping of valuables, and such proprietor shall not be liable for more than $500 damages for the loss of or damage to such property so delivered unless such guest has declared a greater value and such proprietor has given a written receipt stating such value.
Section 2. Loss of Other Property
The proprietor of a hotel located on the Mashantucket Pequot Reservation shall not be liable for the loss of or damage to any property belonging to or brought to such hotel by a guest of such hotel, other than the property described in Section 1 of this Chapter and not in the room assigned to such guest, unless such loss or damage is caused by the negligence of such proprietor or any of his employees, and such proprietor shall not be liable for more than $1,000 damages in the aggregate for any loss or damage so caused; provided, if any such property is deposited in the checkroom or baggage room of any such hotel and a check or written receipt taken therefor, the proprietor of such hotel shall be liable for the loss of or damage to such property to the extent of $350, and provided such proprietor shall not be liable for more than $1,000 damages for the loss of property from the room assigned to such guest.
Section 3. Definitions
For purposes of this Chapter, the "proprietor" of a hotel located on the Mashantucket Pequot Reservation shall be the Mashantucket Pequot Gaming Enterprise.
Legislative History
TCR060402-05 of 05 repealed IX M.P.T.L ch. 2, the Debt Collection in its entirety, with certain definitions, with certain substantive provisions, and defenses consolidated into the Civil Actions Law, XII M.P.T.L. IX M.P.T.L. ch 3 Hotel and Innkeepers Liability is re-designated as IX M.P.T.L. ch 2.