BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1418|
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THIRD READING
Bill No: AB 1418
Author: Hall (D)
Amended: 8/31/11 in Senate
Vote: 27 - Urgency
PRIOR VOTES NOT RELEVANT
SUBJECT : Tribal gaming: compact ratification
SOURCE : Author
DIGEST : This bill repeals those provisions ratifying the
tribal-state gaming compact entered into between the State
of California and Pinoleville Pomo Nation, executed on
March 9, 2009, and instead ratifies the tribal-state gaming
compact entered into between the State of California and
the Pinoleville Pomo Nation, executed on August 8, 2011.
Senate Floor Amendments of 8/31/11 delete the prior version
of the bill relating to the definition of a "key employee"
employed in the operation of a gambling operation and
insert language to repeal those provisions ratifying the
tribal-state gaming compact entered into between the State
of California and Pinoleville Pomo Nation, executed on
March 9, 2009, and instead ratify the tribal-state gaming
compact entered into between the State of California and
the Pinoleville Pomo Nation, executed on August 8, 2011.
ANALYSIS : Existing law expressly ratifies a number of
tribal-state gaming compacts and amendments of tribal-state
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gaming compacts between the State of California and
specified Indian tribes.
Existing law ratifies the tribal-state gaming compact
entered into between the State of California and the
Pinoleville Pomo Nation executed March 9, 2009. (AB 122
(Coto), Chapter 3, Statutes of 2010)
Existing law:
1. Provides, under the Indian Gaming Regulatory Act (IGRA),
for the negotiation and conclusion of compacts between
federally recognized Indian tribes and the state for the
purpose of conducting class III gaming activities on
Indian lands within a state as a means of promoting
tribal economic development, self-sufficiency, and
strong tribal governments.
2. Authorizes the conduct of class III gaming activities to
the extent such activities are permitted by state law, a
gaming compact has been concluded by a federally
recognized tribe and the state, and the compact has been
approved by the Secretary of the Interior.
3. Limits the operation of class III gaming activities to
Indian lands acquired on or before October 17, 1988.
Provides for certain exceptions to conduct gaming
activities on Indian lands acquired after October 17,
1988.
4. Defines Indian lands to mean all lands within the limits
of any Indian reservation, and any lands title to which
is either held in trust by the United States for the
benefit of any Indian tribe or individual or held by any
Indian tribe or individual subject to restriction by the
United States against alienation and over which an
Indian tribe exercises governmental power.
5. Requires the state to negotiate to conclude a compact in
good faith with an Indian tribe having jurisdiction over
the Indian lands upon which the class III gaming
activity is to be conducted. Provides the United States
district courts with jurisdiction over any cause of
action initiated by a tribal government alleging that
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the state failed to negotiate in good faith to conclude
a compact. Prescribes the remedy, mediation supervised
by the courts, if it is found that the state failed to
negotiate in good faith to conclude a compact.
6. Authorizes the Governor, under the California
Constitution, to negotiate and conclude compacts,
subject to ratification by the Legislature.
This bill repeals those provisions ratifying the
tribal-state gaming compact entered into between the State
of California and Pinoleville Pomo Nation, executed on
March 9, 2009, and instead ratifies the tribal-state gaming
compact entered into between the State of California and
the Pinoleville Pomo Nation, executed on August 8, 2011.
Comments
Pursuant to the Compact executed on March 9, 2009, the
Tribe agreed to pay revenue sharing to the State (General
Fund) in an amount of 15 percent of net win. The Bureau of
Indian Affairs (BIA) found that meaningful concessions
conferred by the State in the Compact in exchange for the
Tribe paying 15 percent Revenue share to the state were not
proportional and thus in violation of the federal Indian
Gaming Regulatory Act (IGRA).
The new compact entered into between the State of
California and the Pinoleville Pomo Nation and executed on
August 8, 2011 allows for the operation of a maximum of 900
slot machines. Up to 15 percent of the casino's net win
from the slots will go to local communities and gambling
mitigation and regulation provisions. The compact requires
regular audits of gaming operations and supersedes the 2009
compact between the tribe and the State of California. The
compact funds programs in local communities that mitigate
the impact of gaming activities and address gambling
addiction. It includes provisions to protect employees and
patrons and measures that the tribe must take to protect
the environment during the construction and operation of
gaming facilities.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
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SUPPORT : (Verified 9/1/11)
Santa Ynez Band of Chumash Indians
PQ:mw 9/1/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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