BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 277| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 277 Author: Hall (D), et al. Amended: 3/21/13 in Assembly Vote: 21 ASSEMBLY FLOOR : 41-12, 5/2/13 - See last page for vote SUBJECT : Tribal gaming: compact ratification SOURCE : Author DIGEST : This bill ratifies tribal-state gaming compacts entered into between the State of California and the North Fork Rancheria Band of Mono Indians of California, executed on August 31, 2012, and the State of California and the Wiyot Tribe, executed on March 20, 2013. ANALYSIS : Existing law: 1. Provides, under the federal 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. Expressly authorizes a number of tribal-state gaming compacts between the State and specified Indian tribes. CONTINUED AB 277 Page 2 2. Requires, under IGRA, 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. Also provides the United States district courts with jurisdiction over any cause of action initiated by a tribal government alleging that 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. 3. Authorizes the Governor, under the California Constitution, to negotiate and conclude compacts, subject to ratification by the Legislature. In total, the State has signed and ratified tribal-state gaming compacts with 70 Tribes. There are currently 59 casinos operated by 58 Tribes. NORTH FORK RANCHERIA COMPACT This bill ratifies a tribal-state gaming compact (Compact) between the State of California and the North Fork Rancheria Band of Mono Indians of California, executed on August 31, 2012. The following indicate key provisions of the Compact: 1. Scope of Class III Gaming . Authorizes the Tribe to operate up to 2,000 gaming devices (slot machines), any banking or percentage card games, and any devices or games that are authorized under state law to the California Lottery, provided that the Tribe will not offer such games through the use of the Internet unless others in the State are permitted to do so under State and federal law. The Tribe is not precluded from offering Class II gaming or off-track horse race wagering at the facility. Additionally, the Compact does not authorize the operation of the game known as roulette, whether or not played with or on a mechanical, electro-mechanical, electrical, or video device, or cards, or any combination of such devices, or the operation of any game that incorporates the physical use of a die or dice. Furthermore, in the event the State authorizes another federally recognized Indian tribe to operate in excess of 2,000 gaming devices at any location within a 60-mile radius of the 305-acre parcel, the Tribe shall be entitled to operate up to the same number of gaming devices as such other AB 277 Page 3 federally recognized Indian tribe is authorized to operate. 2. Exclusivity . Provides that in the event the exclusive right of Indian tribes to operate Class III gaming in California pursuant to the California Constitution is lost and other non-Indian entities are able to engage in Class III gaming the Tribe shall have the right to terminate this Compact, in which case the Tribe will lose the right to operate Class III gaming authorized by this Compact; or continue under this Compact with an entitlement to a reduction in its contributions to the SDF, RSTF, and TNGF pending negotiations with the state for a new agreement. 3. Special Distribution Fund . The Tribe shall pay to the State on a pro rata basis the actual and reasonable costs the State incurs for the performance of all its duties under this Compact, as established by the monies appropriated in the annual Budget Act for the performance of their duties under the Class III Gaming Compacts each fiscal year for the California Gambling Control Commission, the Department of Justice, the Office of the Governor, and the Department of Alcohol and Drug Programs, Office of Problem Gambling, or any agency or agencies the State designates as a successor to them. The Tribe's pro rata share of the State's costs in any given year this Compact is in effect shall be calculated, as defined. 4. Percentage payment of Net Win to the Revenue Sharing Trust Fund (RSTF) . Subject to specified deductions, the Compact requires the Tribe to pay the following percentages to the State Gaming Agency (SGA) for deposit to the RSTF, until fully funded, and then to the Tribal Nations Grant Fund (TNGF), if created by the Legislature, for the benefit of non-gaming tribes and limited-gaming tribes. 5. Payment terms . The Compact requires the Tribe to make various payments for specified purposes. However, the Tribe may "deduct such payments" from the RSTF and TNGF payments, effectively capping the Tribe's total payment obligation under the Compact to 10-15% of Net Win. 6. Payments to the Wiyot Tribe . The Compact requires the Tribe to pay to the SGA for deposit into the Wiyot Tribe Trust Fund AB 277 Page 4 a percentage of Net Win in exchange for the Wiyot Tribe's agreement not to game on their lands along Humboldt Bay in Northern California. If the State's Compact with the Wiyot Tribe is terminated, invalidated, expires, or does not go into effect by its terms, the Tribe's obligations shall terminate. 7. Mitigation to Chukchansi Indian Tribe . To mitigate the potential economic impact of the Tribe's proposed gaming facility on the Chukchansi Indian Tribe's gaming facility, the Tribe agrees to refrain from operating or permitting the operation of a hotel on the 305-acre parcel until on or after July 1, 2018. In addition, commencing upon the date the Tribe secures and closes financing from third-party lenders to fund the construction and initial operation of the gaming facility, the Tribe shall be obligated to pay to the SGA an amount equal to the quarterly payments made by the Chukchansi Indian Tribe to the RSTF, as defined in the tribal-state gaming compact between the Chukchansi Indians and the State of California, dated September 10, 1999, but in any event, not to exceed $768,750 per quarter or $3.075 million annually, as defined. Upon the commencement of gaming activities pursuant to this Compact, but in no event later than January 1, 2016, the Tribe's and the SGA's obligations shall terminate, and thereafter the Tribe shall pay to the SGA for deposit into the SDF a percentage of the Tribe's Net Win for all gaming devices operated in the gaming facility. The Tribe's and the SGA's obligations under this provision shall terminate on June 30, 2020. The State shall terminate the Tribe's and the State's obligations as provided if the Chukchansi Indian Tribe pursues in any way, or finances, in whole or in part, directly or indirectly, any lobbying, administrative, legal, judicial or other challenge to the Secretary's decision to accept the 305-acre parcel in trust for the Tribe, the California Legislature's ratification of this Compact, or the AB 277 Page 5 Secretary's approval of this Compact. 8. Payments for project mitigation . The Compact allows the Tribe to deduct the following mitigation payments to be paid under existing and certain future agreements, including: A. $4.035 million a year to the County of Madera under the 2004 Memorandum of Understanding (MOU) (includes $100,000 a year to City of Chowchilla). B. $825,000 to the City of Madera under the 2006 MOU. C. $47,500 to the Madera Irrigation District under the 2006 MOU, as specified. D. Payments for highway improvements under a future agreement with the Department of Transportation (Caltrans), as defined. The payments to the County of Madera, City of Madera, and Madera Irrigation District are annual (i.e., recurring) payments (adjusted annually by the Consumer Price Index). The Caltrans agreement will be a one-time (i.e., non-recurring) payment to improve the Avenue 17 interchange. 1. Additional mitigation payments . Beginning in Year Six, payments of up to 2% of Net Win for mitigation not otherwise provided for in any intergovernmental agreement for services including law enforcement, fire services, emergency medical services, environmental impacts, water supplies, waste disposal, behavioral health, planning and adjacent land uses, public health, roads, recreation and youth programs, and child care programs. 2. Payments for state regulatory costs . The Compact requires the Tribe to pay the actual and reasonable costs the State incurs for the performance of all its duties under the Compact for deposit into the Indian Gaming Special Distribution Fund (SDF). 3. Gaming facility mitigation . Requires the Tribe to follow designated procedures and enter into specific agreements, to mitigate significant effects, prior to the commencement of any activity occurring on Indian lands, a principal purpose AB 277 Page 6 of which is to serve the gaming activities or gaming operation, and which may cause either a direct physical change in the off-reservation environment, or a reasonably foreseeable indirect physical change in the off-reservation environment. Also requires the Tribe to enter into agreements with the City of Madera, the County of Madera, the Madera Irrigation District, and Caltrans for such undertakings and services that mitigate the impacts of the gaming facility and thereby benefit the gaming facility, the Tribe, the City, the County, the Irrigation District, other affected jurisdictions, and Caltrans upon terms satisfactory to the Governor. 4. Local intergovernmental agreements completed . The Tribe has entered into three separate enforceable MOU agreements with Madera County (2004), the City of Madera (2006), and the Madera Irrigation District (2006). The Madera County MOU also contains provisions directly relating to and benefiting the City of Chowchilla. These three comprehensive agreements require that the Tribe pay nearly $100 million in contributions over 20 years to fund local public safety, infrastructure, education, housing, job training, economic development, and local charities as well as to mitigate possible significant impacts of the project. In addition, the Tribe has agreed to establish several new foundations to invest in local charitable causes, education, economic development, and unincorporated areas. Other provisions of the Compact relate to patron protections; environmental protections; labor relations; employee protections; public and workplace liability; health and safety standards; enhanced audit and compliance review procedures; inspection of slot machines; Minimum Internal Control Standards; problem gambling; tobacco and alcohol; and prohibitions regarding minors. This bill provides that the Compact is not effective until it is ratified in accordance with state law, and notice of approval by the U.S. Secretary of the Interior is published in the Federal Register. Upon all the necessary approvals, the Compact will be valid until December 31, 2033. WIYOT TRIBE COMPACT AB 277 Page 7 This bill ratifies a unique tribal-state compact (Compact) between the State of California (State) and the Wiyot Tribe (Tribe), executed on March 20, 2013. The Tribe has agreed to forgo opening a gambling casino on its lands, which are adjacent to the Humboldt Bay National Wildlife Refuge. In exchange, the Tribe will receive up to 3.5% of the gaming revenue from the North Fork Tribe's gaming facility in Madera County. The Compact was executed on March 20, 2013. The following indicate relinquishment and revenue provisions of the Compact: 1. Tribe's agreement to forgo gaming activities . The Wiyot Tribe has agreed not to engage in, authorize, or permit gaming activities on its Indian lands in California during the term of this Compact in exchange for the payments provided to the Tribe. 2. Conditions on agreement to forgo gaming activities . In the event that North Fork fails to receive final federal and state approval necessary to make the land specified in the North Fork Compact eligible for Class III gaming by July 1, 2014, the Tribe may, at its sole option, terminate this Compact and request the State to negotiate a gaming Compact; provided that nothing in this Compact shall compel the State to agree to such request or shall be deemed to waive or in any way affect any right of the State to challenge the Wiyot Tribe's assertion that it possesses lands eligible for Class III gaming or that it is otherwise entitled to game on its lands. 3. Payment schedule . In consideration of the Wiyot Tribe's agreement to forgo gaming activities on its Indian lands for the duration of this Compact, the State negotiated payments from North Fork for the benefit of the Wiyot Tribe in connection with the North Fork Compact. The payments are based on percentages of Net Win of the gaming devices operated pursuant to the 2012 North Fork Compact. These payments shall be calculated, as specified, in the North Fork Compact, which provides that the payments for the benefit of the Wiyot Tribe shall be made quarterly to the SGA, and that the specific percentage applied to the quarterly Net Win shall be determined by the cumulative total of the Net Win earned since the beginning of the calendar year. AB 277 Page 8 4. Payments to the Wiyot Tribe from the State . The SGA shall serve as trustee of the RSTF for the benefit of the Wiyot Tribe but shall have no duties or obligations except as set forth in the Compact. The SGA shall receive, deposit, and distribute monies received from North Fork for the sole benefit of the Wiyot Tribe pursuant to the State's disbursement process and the schedule specified in the Compact. In the event the Tribe terminates the Compact, as described, or the State terminates the Compact, the Tribe will lose the right to receive the payments, as specified, in the Compact. 5. Confidentiality of documents . The Tribe will exercise the utmost care in the preservation of the confidentiality of any and all information and documents received from the SGA relating to the North Fork Compact, as defined. 6. RSTF . Neither the existence of the Compact nor any of its provisions shall affect the Tribe's eligibility to receive distributions from the RSTF and the TNGF, as described. 7. Use of disbursements . The parties to the Compact make no representations as to the applicability of 25 United States Code Section 2710(b)(2)(B) to the revenues to be received by the Tribe as a result of this Compact. Nonetheless, in order to achieve IGRA's goals, the Wiyot Tribe shall use the revenues received pursuant this Compact in accordance with federal law, but may not use more than 50% of those revenues in any year to make per capita payments to its tribal members. The Wiyot Tribe shall not use any revenues received pursuant to this Compact to create or construct any facility for the purpose of engaging in Class II gaming (as defined in IGRA) or gaming activities during the term of this Compact unless and until the Compact is terminated, as described. The Tribe shall deposit all revenues received from the Compact in a separate bank account or accounts, as specified. 8. Claims relating to the trust funds . The State and the Wiyot Tribe agree that the SGA shall have no duty whatsoever to AB 277 Page 9 institute or defend any legal proceedings or any action at law or in equity that relates to the Wiyot Tribe Trust Fund, the RSTF, or the TNGF. The SGA shall give written notice to the State and the Tribe as soon as is practicable upon learning of or being served with process for any such proceedings or action by an entity or person. 9. Dispute resolution provisions . In recognition of the government-to-government relationship of the Tribe and the State, the parties shall make their best efforts to resolve disputes that arise under this Compact by good faith negotiations whenever possible. Therefore, except for the right of either party to seek injunctive relief against the other when circumstances are deemed to require immediate relief, the Tribe and the State shall seek to resolve disputes by first meeting and conferring in good faith in order to foster a spirit of cooperation and efficiency in the administration and monitoring of the performance and compliance of the terms, provisions, and conditions of this Compact, as described. 10.Arbitration rules . Provides that arbitration shall be conducted before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association (Association) and shall be held in the federal judicial district in which the Tribe's Indian lands are situated and at a location selected by the arbitrator. Each side shall initially bear one-half the costs and expenses of the Association and the arbitrator but the arbitrator shall award the prevailing party its costs, including the costs of the Association and the arbitrator; however, the parties shall bear their own attorney fees. Additionally, for the purpose of actions or arbitrations brought and the enforcement of any judgment or award resulting therefrom, the State and the Tribe expressly waive their right to assert their sovereign immunity from suit and from enforcement of any ensuing judgment or arbitral award and to the arbitrator's jurisdiction and further consent to be sued in federal or state court. 11.Effective date and term of Compact . The Compact is not effective until it is ratified in accordance with state law, and notice of approval by the U.S. Secretary of the Interior is published in the Federal Register. Upon all the necessary AB 277 Page 10 approvals, the Compact will be valid. Once effective, this Compact shall be in full force and effect for state and federal law purposes until December 31, 2033. 12.Termination by the Tribe . The Compact authorizes the Wiyot Tribe to terminate this Compact; the termination may only be effectuated by means of written notice served on the Governor of the State, as specified. 13.Termination by the State . In the event of any material change in the State's ability to comply with the terms of this Compact, the State may terminate this Compact upon 90 days' written notice to the Tribe. State budget constraints, in and of themselves, shall not be deemed a material change in the State's ability to comply with the terms of this Compact. 14.Amendment by Agreement . The terms and conditions of this Compact may be amended at any time by the mutual and written agreement of both parties during the term of this Compact, as described. Background North Fork Tribe . On August 31, 2012, the North Fork Rancheria of Mono Indians of California, a federally recognized Indian tribe listed in the Federal Register as the North Fork Rancheria of Mono Indians of California (Tribe), and the State of California (State) entered into a tribal-state compact pursuant to IGRA. The Tribe consists of approximately 1,900 tribal citizens with government offices in Madera County, California. The Tribe states that since the restoration of its federally recognized status in 1983, the Tribe has established modern tribal governing institutions to improve the lives of its tribal citizens, many of whom have limited access to basic housing, healthcare, business, employment, and educational services and opportunities. According to the Tribe, in 1916 the federal government acquired 80 acres of land on a hillside outside the town of North Fork for the Tribe "for the use of the North Fork band of landless Indians." This land, known as the North Fork Rancheria, was AB 277 Page 11 lost to the Tribe as a reservation when its federal status was terminated in 1966 under the California Rancheria Act. While the North Fork Rancheria's status as Indian country was restored in 1987, the land is no longer available to the Tribe because it is held in trust for individual Indians (who do not want to relocate) and not collectively for the Tribe. These unique historical circumstances had left the Tribe, until now, without a land base from which to improve its tribal economy and community. The Tribe further states, the land is located in an environmentally sensitive area near the gateway to Yosemite National Park and adjacent to a National Scenic Byway, a national forest, and several state wilderness areas. For these and other reasons, the Tribe and local officials agreed that the Tribe should find an alternative site within Madera County on which to develop a gaming facility. According to the Tribe, in 2004, the Tribe requested that the Secretary of the Interior take the proposed gaming facility site in trust for the Tribe for gaming purposes. Because the land would be taken into trust after 1988, the Secretary would first need to determine if the proposed site would qualify for gaming under any of the exceptions found in Section 20 of IGRA. These Section 20 exceptions were intended to level the playing field for tribes such as North Fork without a viable land base because of past federal policies and provide them with the same opportunity as other tribes. According to the Tribe, starting in October 2004, the Bureau of Indian Affairs began preparing an environmental impact statement (EIS) - the most rigorous level of review under the National Environmental Policy Act - for the project in connection with the proposed trust acquisition. The draft EIS was published and circulated for comment in February 2008. The final EIS was published in August 2010, and the Record of Decision was issued in December 2012. The Tribe states that they adhered precisely to the spirit and letter of the rigorous and lengthy federal review process and, after considerable consultation, analysis, and review, the Secretary of the Interior approved the requested actions. U.S. Department of the Interior (DOI): tribal gaming AB 277 Page 12 application decision . On September 2, 2011, U.S. Department of the Interior (DOI) issued a press release stating that Assistant Secretary of the Interior for Indian Affairs Larry Echo Hawk issued a decision determining that a proposed gaming facility in Madera County, would be in the best interest of the North Fork Rancheria of Mono Indians, and would not be detrimental to the surrounding community. Governor Brown signs Compact with Tribe . On the same day that the Governor concurred with DOI, he released the details of a tribal-state gaming compact between the State and the Tribe. The Compact allows for up to a total of 2,000 gaming devices. The Tribe estimates that the project will create more than 1,400 permanent jobs, 1,200 construction jobs, and generate an additional 2,000 local community spin-off jobs across diverse economic levels and industry sectors. The Compact requires the Tribe to pay a percentage of its Annual Net Win from gaming devices for (1) non-gaming tribes; (2) local mitigation; (3) state regulatory costs; (4) the Wiyot Tribe to compensate that tribe for agreeing not to build a gaming facility on its reservation near the Humboldt County coast pursuant to a separate compact with the State; and (5) the Picayune Rancheria of Chukchansi Indians to mitigate potential economic impacts on that Tribe. The Compact includes provisions to protect employees and patrons as well as measures to protect the environment during the construction and operation of gaming facilities. It also funds programs in local communities to mitigate the effect of gaming activities and address gambling addiction. The Compact also requires regular audits of gaming operations and other enforcement and public safety measures. Should the gaming facility's financial performance far exceed reasonable projections, the Tribe, in furtherance of the Tribe's and the State's goal to ensure that all California tribes benefit from tribal gaming, has agreed to make additional payments to the State (RSTF and TNGF) for revenue sharing with non-gaming tribes and limited-gaming tribes. The Compact's preamble states, "This Compact will afford the Tribe primary responsibility over the regulation of its gaming AB 277 Page 13 facility and will enhance tribal economic development and self-sufficiency. The State and the Tribe have therefore concluded that this Compact protects the interests of the Tribe and its members, the surrounding community, and the California public, and will promote and secure long-term stability, mutual respect, and mutual benefits." The Tribe expects the proposed project to serve as an economic catalyst for a region with an unemployment rate consistently higher than the state average and an agriculture based economy in need of diversification. Upon all the necessary approvals, the Compact shall be in full force and effect for state law purposes until December 31, 2033. Wiyot Tribe . The Wiyot Tribe, formerly known as the Table Bluff Reservation - Wiyot Tribe, California, is a federally recognized Indian tribe, comprised of nearly 640 members. The Tribe has agreed to forgo opening a gambling casino on its 88-acre reservation, which is adjacent to the Humboldt Bay National Wildlife Refuge. The reservation is 16 miles (26 km) south of Eureka between Loleta and the South Jetty of Humboldt Bay in Humboldt County. In 1860, a tragic massacre nearly destroyed the Tribe which has since struggled for the survival of its people, culture and historic language. In 1958, the Tribe was terminated under the California Rancheria Act, lost its land in 1961, and for twenty years was without the protections of federal law as a sovereign Indian tribe. Federal tribal status was restored in 1981 and approximately 88 acres of their ancestral lands were returned several years later. The Governor's Office states, the Wiyot Tribe and the State had extensive negotiations concerning the Tribe's desire to conduct Class III gaming on its existing lands in Humboldt County. The State has concerns related to the potential environmental implications of a tribal gaming facility on the Tribe's lands, including concerns related to water quality, a casino adjacent to the Humboldt Bay National Wildlife Refuge, the potentially negative aesthetic impact of a casino on Humboldt Bay, and the potential depletion of the aquifer supplying the Humboldt County area. In exchange for not building a casino, the Tribe will receive up to 3.5% of the gaming revenue from a proposed gaming AB 277 Page 14 facility operated by the North Fork Rancheria of Mono Indians of California in Madera County. According to the Wiyot Tribe, this revenue sharing arrangement will generate between $3-5 million a year, nearly four times as much as the Tribe currently receives in gaming allotments under the RSTF. The Wiyot Tribe states, this "Tribal-State Gaming Compact will provide our tribal members with resources to educate and care for our people and protect our environmentally sensitive lands." The Wiyot Compact requires that the Tribe use at least 50% of the revenues derived from the Compact to fund tribal government operations and programs, general tribal welfare programs, economic development and charitable donations. The Tribe cannot distribute any more than 50% of these monies directly to tribal members so that the funds benefit the tribe as a whole in accordance with our tribal mission. According to the Tribe, their annual budget is approximately $1 million, most of which comes from the RSTF for non-gaming tribes. Half of that annual allocation goes to tribal members for their support. The rest goes toward tribal operations. The Tribe has 14 employees on the reservation, four of whom are tribal members. As of 2004, the unemployment rate for tribal members was 29%. Nearly 37% of the Tribal members lived in poverty-much higher than the statewide average at that time. The Tribe states, "the revenues will receive from the North Fork Compact will allow us to provide education, health care and economic development for our tribal members, help us revitalize and teach our native language, as well as allow us to continue the environmental protection and improving the ancestral lands that we so cherish." In 2008, after nine years of negotiation, the Tribe signed a tribal Compact with Governor Arnold Schwarzenegger. In the Compact, the Tribe also waived their right to Class III gaming on its reservation in exchange for a share of the gaming revenues derived from the casino of the North Fork Rancheria of the Mono Indians. The North Fork Tribe also had signed a 2008 Compact with the Governor. Both Compacts were never submitted to the Legislature for ratification because both Tribes had agreed to wait until the Secretary of the Interior approved the placement of the Madera County casino site into trust. On AB 277 Page 15 February 5, 2013, the U.S. Department of the Interior placed the North Fork's land in trust for gaming purposes. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 6/13/13) Bricklayers and Allied Craftworkers Local 3 Bruno Electric Building and Construction Trades Council, AFL-CIO California Association of Tribal Governments California Conference of Carpenters California Labor Federation California State Association of Electrical Workers California State Council of Laborers California State Pipe Trades Council Century 21 Ditton Realty Chowchilla District Chamber of Commerce Community Action Partnership of Madera County County of Humboldt, Supervisor Rex Bohn, District 1 Eastern Madera County FireSafe Council Ewiiaapaayp Band of Kumeyaay Indians Forests Forever Fresno Area Hispanic Chamber of Commerce Fresno Metro Black Chamber of Commerce General Teamsters Union Local 431 Golden Valley Chamber of Commerce Hampton Inn and Suites International Association of the Bridge, Structural, Ornamental and Reinforcing Iron Workers Local Union 155 International Brotherhood of Electrical Workers Local 100 International Union of Painters and Allied Trades, District Council 16 Ione Band of Miwok Indians Karuk Tribe Laborers International Union of North America, Local 294 Madera Business Coalition Madera Chamber of Commerce Madera Coalition for Community Justice Madera County Board Supervisor, Max Rodriguez, District IV Madera County Board Supervisor, Rick Farinelli, District III Madera County Board Supervisor, Tom Wheeler, District V Madera County Economic Development Commission AB 277 Page 16 Madera County Sheriff John P. Anderson Madera County Workforce Investment Board Madera Unified Teachers Association National Electrical Contractors Association North Fork Rancheria Painters and Drywall Finishers Local 83 Painters and Drywall Finishers Local Union 913 Pajaro Valley Ohlone Indian Council Pistoresi Ambulance Service Plasterers' and Cement Masons' Local Union No. 300 Plumbers, Pipe, Refrigeration Fitters U.A. Local 246 Sheet Metal Workers' International Association Local Union 104 Sherman Thomas Ranch Sprinkler Fitters Local Union 669 State Building and Construction Trades Council, AFL-CIO Stations Casinos The Ranchos Independent Trees Foundation Underground Utility/Landscape Local 355 United Association of Journeymen and Apprentices of the Plumping and Pipe Fitting Industry UNITE-HERE Valley Pistachio Country Store Western State Council of Sheet Metal Workers Wiyot Tribe Yosemite Gateway Association of Realtors Yosemite Sierra Visitors Bureau OPPOSITION : (Verified 6/13/13) Artichoke Joe's Casino Brigade Capital Management, LLC Butte County Board Supervisor, Bill Connelly, District I Cachil Dehe Band of Wintun Indians California Gaming Association Chowchilla Tribe of Yokuts Citizens for a Better Way City of Madera, Mayor Robert L. Poythress Club One Casino, Inc. Denham Resources Greater Madera County Industrial Association Jamulians Against the Casino Jordan Actuarial Services Lytton Rancheria AB 277 Page 17 Madera County Board Supervisor, David Rogers, District II Madera Ministerial Association Madera Municipal Airport Commission Mooretown Rancheria Morongo Band of Mission Indians Pala Band of Mission Indians Paskenta Band of Nomlaki Indians of California Pechanga Band of Luiseno Indians Picayune Rancheria of the Chukchansi Indians Santa Ynez Band of Chumash Indians Stand Up for California Table Mountain Rancheria U.S. Rack, Inc. United Auburn Indian Community West Bank Homeowners Association ARGUMENTS IN SUPPORT : Supporters note that the North Fork Tribe project will generate much needed employment and additional business opportunities as well as generating tourism to Madera and the San Joaquin Valley. Proponent's state, the North Fork Tribe has worked diligently through a very long, arduous and thorough multi-governmental process to get to this point. Proponents further state, this Compact will also provide much needed income to the economically disadvantaged Wiyot Tribe. The Tribe has committed to using a portion of the funds to continue their environmental work on Humboldt Bay and Eel River, including their ongoing water quality monitoring, Brownfields cleanup, environmental education and outreach, and habitat restoration. Furthermore, in joining with the North Fork Tribe, ratification of these Compacts will help protect an area of the Sierra foothills near the Sierra National Forest and Yosemite National Park. ARGUMENTS IN OPPOSITION : Opponents state that each and every tribe that undertook the campaign to pass Propositions 5 (1998) and 1A (2009) has a moral obligation to stand by the explicit commitment that was made to the voters that Indian gaming would be limited to Indian lands. The decision to authorize Class III gaming on a limited basis to tribal lands was not a light judgment, and the fundamental tenets for that statewide approval must be honored. The fact of the matter is that the North Fork AB 277 Page 18 Tribe currently has land in trust that is eligible for gaming. The Tribe can conduct gaming on land they already hold in trust. That the land is not as commercially advantageous as land closer to population centers is a circumstance neither unique to this tribe nor a good reason to abandon the state's longstanding and effective policy of limited gaming in California, as expressed by the voters in numerous initiative measures and referenda. In addition, Table Mountain Rancheria opposes any tribal gaming compact that encourages, requires, or requests a federally recognized Indian Tribe to waive its sovereign right to engage in gaming on their Rancheria or reservation. Opponents further state, there are significant legal issues regarding this Compact, and many social concerns exist as well. This project will also divest the State and the County of jurisdiction over land because placing land is trust takes land out of regulatory control of the State and local government. This means less property tax, sales tax, possessory tax revenue. In addition, the Governor's responsibility is to faithfully uphold and enforce the law. This bill presents a compact that is inconsistent with the separation of powers, current state gaming policy approved by the statewide electorate, state statute and California constitutional law. ASSEMBLY FLOOR : 41-12, 5/2/13 AYES: Achadjian, Allen, Ammiano, Bigelow, Bloom, Blumenfield, Bocanegra, Bonilla, Bonta, Buchanan, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dickinson, Fong, Fox, Garcia, Gorell, Gray, Hall, Jones-Sawyer, Lowenthal, Medina, Mitchell, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Quirk, Quirk-Silva, Rendon, Skinner, Stone, Ting, Weber, Wieckowski, John A. Pérez NOES: Daly, Beth Gaines, Gatto, Gordon, Hagman, Levine, Linder, Logue, Maienschein, Mansoor, Melendez, Patterson NO VOTE RECORDED: Alejo, Atkins, Bradford, Brown, Ian Calderon, Dahle, Donnelly, Eggman, Frazier, Gomez, Grove, Harkey, Roger Hernández, Holden, Jones, Morrell, Pan, Perea, V. Manuel Pérez, Salas, Torres, Wagner, Waldron, Wilk, Williams, Yamada, Vacancy MW:k 6/13/13 Senate Floor Analyses AB 277 Page 19 SUPPORT/OPPOSITION: SEE ABOVE **** END ****