BILL ANALYSIS                                                                                                                                                                                                    Ó



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          ASSEMBLY THIRD READING
          AB 1245 (V. Manuel Pérez)
          As Amended  June 25, 2013
          Majority vote 

           SUMMARY  :  Ratifies a tribal-state gaming compact (Compact)  
          entered into between the State of California and the Ramona  
          Band of Cahuilla.  Once effective (legislative ratification and  
          federal approval required), this Compact will be in full force  
          and effect for state law purposes until December 31, 2033.   
          Specifically,  this bill  ratifies:

          The tribal-state gaming compact between the State of California  
          (State) and the Ramona Band of Cahuilla (Tribe), located in  
          Riverside County, California, which was executed on June 10,  
          2013, and allows the operation of up to 750 gaming devices and  
          banking or percentage card games.  

          The Compact makes it explicit that the Tribe shall not be  
          authorized to operate 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.  The Tribe will share up to  
          10% of their revenue with tribes that are not gaming or that  
          are otherwise not substantially benefitting from gaming, as  
          defined.  The Compact requires regular audits of gaming  
          operations and other enforcement and public safety measures.  

          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     local programs to mitigate the effect of gaming  
          activities and addresses gambling addiction issues.  
                     
           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.  Existing law expressly authorizes a number of  








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            tribal-state gaming compacts between the State and specified  
            Indian tribes.
             
          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, under IGRA, the operation of Class III gaming  
            activities to Indian lands acquired on or before October 17,  
            1988.  Existing law also provides for certain exceptions to  
            conduct gaming activities on Indian lands acquired after  
            October 17, 1988.

          4)Defines, under IGRA, 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, 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.  Existing law 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.  Furthermore, existing law 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.  In total, the State of  
            California has signed and ratified Tribal-State Gaming  
            Compacts with 70 Tribes.  There are currently 59 casinos  
            operated by 58 Tribes.

           FISCAL EFFECT  :  Unknown









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           COMMENTS  :   

            Background  :  As per the Compact's preamble, the Ramona Band of  
          Cahuilla's Reservation (Reservation) is located at the base of  
          Thomas Mountain, in Anza, California.  The Reservation was  
          created by a February 10, 1893 Executive Order issued pursuant  
          to the Mission Indian Relief Act, 26 Stat. 712 (1891), lies  
          within the aboriginal territory of the Cahuilla Indians which  
          the Tribe has occupied continuously since time immemorial, and  
          currently consists of the original 560 acres that the 1893  
          Order reserved in federal trust for the exclusive use and  
          benefit of the Tribe and its members.  The Reservation is  
          within the San Bernardino National Forest, surrounded  
          predominantly by U.S. Forest Service and U.S. Bureau of Land  
          Management lands, and has no electric utility service.  

          The membership consists of 13 tribal members of which  
          approximately seven live on the Reservation.  The General  
          Council of the Ramona Band of Cahuilla is the governing body of  
          the Tribe with the power and authority to act on all government  
          and business matters.  And, in accordance with custom and  
          tradition, the General Council also elects the Tribal Council  
          and the Tribal Chairperson. 

          The Compact provides that the Tribe may engage in Class III  
          Gaming only on eligible Indian lands held in trust for the  
          Tribe, at a single gaming facility located within the  
          boundaries of the Ramona Band of Cahuilla as those boundaries  
          exist as of the execution date of this Compact, as described.  

          Additionally, the State and the Tribe recognize that the  
          exclusive rights that the Tribe will enjoy under this Compact  
          create a unique opportunity for the Tribe to operate a Class  
          III gaming facility in an economic environment free of  
          competition from the operation of gaming devices and banked  
          card games on non-Indian lands in California and that this  
          unique economic environment is of great value to the Tribe.

          In consideration of the exclusive rights enjoyed by the Tribe  
          to engage in the gaming activities and to operate up to 750  
          gaming devices and the other meaningful concessions offered by  
          the State in good faith negotiations, and pursuant to IGRA, the  
          Tribe has agreed to provide the State, on a  
          sovereign-to-sovereign basis, and to local jurisdictions, fair  








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          cost reimbursement and mitigation from revenues derived from  
          the gaming devices operated pursuant to this Compact on a  
          specified payment schedule.

          The preamble states, that the Tribe and the State share an  
          interest in mitigating the off-reservation impacts of the  
          gaming facility, affording meaningful consumer and employee  
          protections in connection with the operations of the gaming  
          facility, fairly regulating the gaming activities conducted at  
          the gaming facility, and fostering a good-neighbor  
          relationship.

          This Compact will afford the Tribe primary responsibility over  
          the regulation of its gaming facility and will enhance the  
          Tribe's economic development and self-sufficiency.   
          Furthermore, the State and the Tribe have 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.  

           Key Provisions of the Compact  :

          1)Requires the Tribe, prior to the commencement of a "project,"  
            as defined, to follow certain procedures and enter into  
            specified agreements (e.g., environmental and  
            intergovernmental) for such undertakings and services that  
            mitigate the impacts of the gaming facility on affected  
            jurisdictions (County).

          2)On December 18, 2012, the Riverside County Board of  
            Supervisors approved a Memorandum of Understanding (MOU) with  
            the Tribe to address and mitigate significant effects to the  
            off-reservation environment which may occur as a result of a  
            gaming project on the Reservation.  The Tribe has agreed to  
            work with the County regarding compensation for law  
            enforcement, fire protection, emergency medical services, and  
            other public services provided by the County as a result of  
            the Tribe's gaming facility.

          3)Stipulates that the gaming operation or business operation  
            authorized under this compact shall be owned solely by the  
            Tribe and limits the Tribe to the operation of 750 gaming  
            devices on eligible Indian lands held in trust for the Tribe  








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            at a single gaming facility located within the boundaries of  
            the Reservation.

          4)In addition to any Class II games, the Tribe is authorized to  
            operate gaming devices (slot machines), banking or percentage  
            card games, and any devices or games that are authorized  
            under state law to the California State Lottery.  The Tribe  
            may not operate roulette games (table or mechanical) or any  
            game that incorporates the physical use of a die or dice.   
            The Tribe shall not engage in Class III Gaming that is not  
            expressly authorized in the compact.

          5)Provides that the Tribe is not required to make payments to  
            the State Gaming Agency for deposit into the Revenue Sharing  
            Trust Fund (RSTF) or the Tribal Nation Grant Fund, if it  
            operates 350 or fewer gaming devices. 

          6)If the Tribe operates more than 350 gaming devices at any  
            time in a given calendar year it must pay 10% of its Net Win  
            from the operation of those devices in excess of 350 to the  
            State Gaming Agency for deposit into RSTF or the Tribal  
            Nation Grant Fund.  The Compact outlines quarterly payment  
            terms, as specified. 

          7)Requires the Tribe to pay into the Special Distribution Fund  
            (SDF), on a pro rata basis, the actual and reasonable  
            regulatory costs the State incurs for the performance of all  
            its duties under this Compact.  The Tribe's pro rata share  
            will be calculated using the following equation: 

               The maximum number of Gaming Devices operated in the  
               Gaming Facility for the previous fiscal year as  
               determined by the State Gaming Agency, divided by the  
               maximum number of Gaming Devices operated by all  
               federally recognized tribes in California pursuant to  
               tribal-state Class-III Gaming compacts during the  
               previous fiscal year, multiplied by Costs, equals the  
               Tribe's pro rata share.

          8)Includes Eco-Resort Standards for development of a gaming  
            project consistent with the Tribe's desire to limit  
            environmental impacts through the use of green building  
            materials and renewable energy.









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           Additional Provisions of the Compact  :

           Patron Protections  - The Tribe agrees to binding arbitration  
          before a single arbitrator, who shall be a retired judge, for  
          disputes over patron injuries and gambling.  Also, provides  
          that the Tribe agrees to waive sovereign immunity in order to  
          be compelled in federal or state court to abide by the  
          resolution of arbitration.  
          
           Environmental Protections  - The Tribe must prepare a Tribal  
          Environmental Impact Report (TEIR) and negotiate mitigation of  
          any off-reservation impacts.  The Tribe's failure to prepare an  
          adequate TEIR when required shall be deemed a breach of this  
          compact and furthermore shall be grounds for issuance of an  
          injunction or other appropriate equitable relief.  Also,  
          provides for binding arbitration if an intergovernmental  
          agreement with the County of Riverside is not entered into  
          within 75 days of the submission of the final TEIR.
          
           Employee Protections  - The Tribe has agreed to participate in  
          the state's workers' compensation system and unemployment  
          insurance program and to consent to the jurisdiction of the  
          state agencies and courts enforcing all of those standards.
           
           Enhanced Audit and Compliance Review Procedures  - In addition  
          to providing for an annual independent audit, the Compact  
          allows the state to conduct its own annual audit and compact  
          compliance review.

           Inspection and Testing of Gaming Devices  - Gaming devices will  
          have to be tested, approved and certified by an independent  
          gaming test laboratory and the tribal gaming agency to ensure  
          that they are being operated according to specified technical  
          standards.  The State Gaming Agency would be authorized to  
          annually conduct up to four random inspections of slot machines  
          in operation to confirm that the gaming devices are operating  
          in conformance with these standards. 

           Minimum Internal Control Standards (MICS)  - The Tribe must  
          adopt and comply with standards that meet or exceed the federal  
          National Indian Gaming Commission standards.  The MICS are  
          incorporated in this Compact as an appendix (Appendix C), which  
          shall be updated periodically by the State Gaming Agency and  
          Tribal Gaming Agency, to ensure the MICS keep up with changing  








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          technology and industry standards. 

           Problem Gambling  - The Tribal Gaming Agency must establish a  
          program to mitigate pathological and problem gaming by  
          implementing measures that train supervisors and floor  
          employees on identifying and managing problem gambling.   
          Additionally, the Tribe must include a responsible gaming  
          message in advertising, provide signage and education materials  
          at conspicuous locations aimed at preventing problem gambling,  
          establish self-exclusion and involuntary exclusion programs,  
          and adopt a code of conduct derived from the American Gaming  
          Association's code. 

           Labor Relations  - Provides that the gaming activities  
          authorized by this compact may only commence after the Tribe  
          has adopted an ordinance identical to the Tribal Labor  
          Relations Ordinance (TRLO), referenced as Appendix D of the  
          Compact, and the gaming activities may only continue as long as  
          the Tribe maintains the ordinance.  If the Tribe employs 250 or  
          more persons in a tribal casino facility, then the provisions  
          of the TLRO become effective.  The TLRO provides for a secret  
          ballot election.  

           Tobacco and Alcohol Provisions  - The Tribe agrees to provide a  
          non-smoking area in the gaming facility that exists as of the  
          effective date of this Compact and to utilize a ventilation  
          system throughout the gaming facility that exhausts tobacco  
          smoke to the extent reasonably feasible and not to offer or  
          sell tobacco to anyone that is under 18 years of age.  Makes it  
          explicit that the purchase, sale, and service of alcoholic  
          beverages shall be subject to state law. 

           Prohibitions Regarding Minors  - The Tribe shall prohibit  
          persons under the age of 21 years from being present in any  
          room or area in which gaming activities are being conducted  
          unless the person is en route to a nongaming area of the gaming  
          facility, or is employed at the Gaming Facility in a capacity  
          other than as a gaming employee.

           Exclusivity  - In the event the exclusive right of Indian tribes  
          to operate Class III Gaming in California pursuant to Article  
          IV, Section 19(f) of the California Constitution is lost and  
          other non-Indian entities legally are able to engage in Class  
          III Gaming the Tribe shall have the right to terminate this  








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          Compact, in which case the Tribe will lose the right to operate  
          gaming devices and other Class III Gaming authorized by this  
          Compact; or continue under this Compact.

           Effective Date  - This Compact shall not be effective unless and  
          until it is ratified by the Legislature and notice of approval  
          or constructive approval is published in the Federal Register  
          as provided by IGRA.  Once effective, this Compact shall be in  
          full force and effect for state law purposes until December 31,  
          2033.  Also, if this Compact does not take effect by July 1,  
          2014, it shall be deemed null and void.
           
          Additional Background Information  :

           Indian Gaming Regulatory Act  :  In 1988, Congress enacted the  
          Indian Gaming Regulatory Act (IGRA) to provide a statutory  
          basis for the operation and regulation of gaming on Indian  
          lands.  IGRA provides that an Indian tribe may conduct gaming  
          activity on Indian lands if the activity "is not specifically  
          prohibited by federal law and is conducted within a State which  
          does not prohibit such gaming activity."

          The statute divides gaming activities into three classes (Class  
          I, Class II, and Class III), each subject to different  
          regulations.  Class III Gaming includes such things as slot  
          machines, casino games and banked card games such as black jack  
          and baccarat.  Class III Gaming may only be conducted under  
          terms of a compact negotiated between an Indian tribe and a  
          state.  Class II Gaming is defined to include bingo and card  
          games that are explicitly authorized by the laws of the state,  
          or that are not explicitly prohibited by the laws of the state  
          and are played at any location in the state, so long as the  
          card games are played in conformity with those laws and  
          regulations.

          IGRA was enacted against a legal background in which Indian  
          tribes and individuals generally are exempt from state taxation  
          within their own territory.  IGRA provides that with the  
          exception of assessments permitted under the statute, to defray  
          the state's costs of regulating gaming activity, IGRA shall not  
          be interpreted as conferring upon a state authority to impose  
          any tax, fee, charge, or other assessment upon an Indian tribe  
          to engage in Class III activity.  Nor may a state refuse to  
          enter into negotiations based on the lack of authority to  








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          impose such a tax, fee, charge, or other assessment.  

          When a tribe requests negotiations for a Class III compact,  
          IGRA requires the state to negotiate with the Indian tribe in  
          good faith.  IGRA provides a comprehensive process to prevent  
          an impasse in compact negotiations, which is triggered when a  
          tribe files suit alleging that the state has refused to  
          negotiate or has failed to negotiate in good faith.

           Compact Negotiation and Ratification  : The California State  
          Constitution, as amended by Proposition 1A of March 2000,  
          permits Indian tribes to conduct and operate slot machines,  
          lottery games, and banked and percentage card games on Indian  
          land.  These gambling activities can only occur if:  1) the  
          Governor and an Indian tribe reach agreement on a compact, 2)  
          the Legislature approves the compact, and 3) the federal  
          government approves the compact. 

          The Governor is the designated state officer responsible for  
          negotiating and executing, on behalf of the State, tribal-state  
          gaming compacts with federally recognized Indian tribes located  
          within the State of California.  Following completion of  
          negotiations, the Governor shall submit a copy of any executed  
          tribal-state compact to both houses of the Legislature for  
          ratification and shall submit a copy of the executed compact to  
          the Secretary of State and it then must be approved and  
          published in the Federal Register by the U.S. Secretary of the  
          Interior.  
           
          Related legislation  :  AB 277 (Hall) of the current legislative  
          session.  Ratifies tribal-state gaming compacts entered into  
          between the State 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. (Pending the Governor's signature)

          SB 668 (Fuller) of the current legislative session.  Ratifies  
          the tribal-state gaming compact entered into between the State  
          and the Fort Independence Indian Community of Paiute Indians,  
          executed on February 28, 2013.  (Pending in the Senate)

           Prior legislation :  AB 1267 (Hall), Chapter 6, Statutes of  
          2013.  Ratified the amendment to a tribal-state gaming compact  
          entered into between the State and the Shingle Springs Band of  








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          Miwok Indians, executed on November 15, 2012.

          AB 517 (Hall), Chapter 12, Statutes of 2012.  Ratified the  
          tribal-state gaming compact entered into between the State and  
          the Federated Indians of Graton Rancheria of Sonoma County,  
          executed on March 27, 2012.  

          AB 787 (Chesbro), Chapter 340, Statutes of 2012.  Ratified the  
          amendment to the tribal-state gaming compact entered into  
          between the State and the Coyote Valley Band of Pomo Indians,  
          executed on July 25, 2012.

          AB 1418 (Hall), Chapter 412, Statutes of 2011.  Ratified a  
          revised tribal-state gaming compact between the State and  
          Pinoleville Pomo Nation, authorizing the Tribe to commence  
          Class III Gaming with up to 900 gaming devices, executed on  
          August 8, 2011.  Required contributions to the SDF and the  
          RSTF, as specified, instead of requiring revenue contributions  
          to the General Fund.

          AB 1020 (Chesbro), Chapter 27, Statutes of 2011.  Ratified a  
          revised compact between the State and the Habematolel Pomo of  
          Upper Lake executed by Governor Brown on March 17, 2011.   
          Authorized the Tribe to operate up to 750 gaming devices with  
          up to 15% of the Net Win from those gaming devices be paid to  
          the SDF and RSTF, instead of requiring revenue contributions to  
          the General Fund.

          AB 122 (Coto), Chapter 3, Statutes of 2010.  Ratified the  
          tribal-state gaming compact entered into between the State and  
          the Pinoleville Pomo Nation executed by the Governor on March  
          10, 2009.

          SB 106 (Wiggins), Chapter 37, Statutes of 2007.  Ratified a new  
          compact between the State and the Yurok Tribe of the Yurok  
                                                                                    Reservation.  

          SB 174 (Ducheny), Chapter 39, Statutes of 2007.  Ratified the  
          first compact amendment to the compact between the State and  
          Sycuan Band of the Kumeyaay Nation.

          SB 175 (Ducheny), Chapter 38, Statutes of 2007.  Ratified the  
          first compact amendment to the compact between the State and  
          the Morongo Band of Mission Indians.








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          SB 903 (Padilla), Chapter 40, Statutes of 2007.  Ratified the  
          first compact amendment to the compact between the State and  
          the Pechanga Band of Luiseño Indians.

          SB 941 (Padilla), Chapter 226, Statutes of 2007.  Ratified the  
          first compact amendment to the compact between the State and  
          the San Manuel Band of Serrano Mission Indians.

          SB 957 (Torlakson), Chapter 41, Statutes of 2007.  Ratified the  
          first compact amendment to the compact between the State and  
          the Agua Caliente Band of Cahuilla Indians.

          SB 470 (Ducheny), Chapter 527, Statutes of 2006.  Ratified the  
          first amendment to the compact between the State and the  
          Quechan Tribe of the Fort Yuma Reservation. 

          SB 1117 (Burton), Chapter 856, Statutes of 2004.  Ratified two  
          new and two amended compacts entered into between the State and  
          the following tribes:  Coyote Valley Band of Pomo Indians (new  
          compact); Fort Mojave Indian Tribe (new compact); Buena Vista  
          Rancheria of Me-Wuk Indians (amended compact); and, Ewiiaapaayp  
          Band of Kumeyaay Indians (amended compact).

          AB 687 (Núñez), Chapter 91, Statutes of 2004.  Ratified  
          amendments to five compacts entered into between the State and  
          the following tribes:  Pala Band of Mission Indians; Pauma Band  
          of Luiseno Mission Indians of the Pauma and Yuima Reservation;  
          Rumsey Band of Wintun Indians; United Auburn Indian  
          Communities; and, Viejas Group of Kumeyaay Indians.  Provides  
          for the issuance of bonds in an amount not to exceed $1.5  
          billion by the California Infrastructure and Economic  
          Development Bank and requires the net proceeds of the sale of  
          the compact assets to be deposited in the Traffic Congestion  
          Relief Fund and the Transportation Deferred Investment Fund.

          SB 930 (Burton), Chapter 802, Statutes of 2003.  Ratified a  
          compact between the State and the Torres-Martinez Desert  
          Cahuilla Indians.

          SB 411 (Ducheny), Chapter 790, Statutes of 2003.  Ratified  
          compacts between the State and the La Posta Band of Diegueno  
          Mission Indians and the Santa Ysabel Band of Diegueno Mission  
          Indians in San Diego County.








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          AB 1385 (Battin), Chapter 874, Statutes of 1999.  Designated  
          the Governor as the state officer responsible for negotiating  
          and executing compacts between the State and federally  
          recognized Indian tribes located in the State.  Ratifies 57  
          compacts and creates two special funds in the State Treasury  
          (SDF and RSTF) for the deposit of revenues derived from Indian  
          gaming and gaming device licensing fees.   

          SB 287 (Burton), Chapter 409, Statutes of 1998.  Ratified 11  
          compacts negotiated between the State and Indian tribes that  
          permitted Class III gaming devices on tribal lands and  
          established a process for ratifying other compacts.

           
          Analysis Prepared by  :    Eric Johnson / G. O. / (916) 319-2531


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