BILL ANALYSIS                                                                                                                                                                                                    Ó



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          SENATE THIRD READING
          SB 1224 (Correa)
          As Amended  April 7, 2014
          2/3 vote.  Urgency 

           SENATE VOTE  :28-4

           SUMMARY  :  Ratifies the tribal-state gaming compact (Compact)  
          between the State of California and the Karuk Tribe (Tribe)  
          executed on December 4, 2013, and allows the operation of up to  
          1,500 gaming devices at a single facility to be constructed on  
          specified tribal trust property in Yreka, California; provides  
          that, in deference to tribal sovereignty, certain actions are  
          not deemed projects for purposes of the California Environmental  
          Quality Act (CEQA); once effective (legislative ratification and  
          federal approval required), this Compact will be in full force  
          and effect for state law purposes until December 31, 2034; and  
          contains an urgency clause, allowing this bill to take effect  
          immediately upon enactment.

           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 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  








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            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.

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  On August 11, 2014, the Assembly Governmental  
          Organization Committee held an informational hearing on the  
          tribal-state compact between the State of California and the  
          Karuk Tribe.

          Compact Summary:  The Tribal-State Gaming Compact between the  
          State of California and the Tribe, which has lands located in  
          Siskiyou and Humboldt Counties, was executed on December 4,  
          2013.  The Compact authorizes the Tribe to operate a maximum of  
          1,500 slot machines at a single facility to be constructed on  
          specified tribal trust property in Yreka, California.  The Tribe  
          has agreed to pay the State its pro rata share of the costs the  
          State incurs for the performance of its duties under the Compact  
          as well as 10% of the casino's net win, if it operates more than  
          350 slot machines, to be shared with tribes that are not gaming  
          or that otherwise are not substantially benefiting from gaming.   
          The Compact includes provisions to protect employees and patrons  
          as well as measures to protect the environment during the  
          construction and operation of the gaming facility.  

          Furthermore, the Compact provides for the regulation of gaming  








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          and slot machines in a manner similar to other compacts entered  
          into by the State and provides for an annual independent audit  
          and allows the State to conduct its own audit.  Once effective  
          (legislative ratification and federal approval required), this  
          Compact will be in full force and effect for state law purposes  
          until December 31, 2034.  

          Brief History and Background:  As early as 1852, the Tribe was a  
          federally recognized tribe as evidenced by a treaty with the  
          United States and subsequent government-to-government  
          interactions.  However, for the three decades spanning the late  
          1940's through the late 1970's the Tribe lost its  
          government-to-government relationship with the federal  
          government by virtue of administrative termination.  In 1978,  
          the Department of the Interior undertook a comprehensive review  
          of the Tribe's situation and a year later added the Tribe to the  
          list of federally recognized tribes. 

          The Tribe did not receive equitable or legal title to any  
          aboriginal or ancestral lands to allow for social and economic  
          development and in 1987 began purchasing lands (approximately  
          200 acres) within Yreka to provide for housing, economic  
          development and other tribal purposes for its members.  Those  
          lands were subsequently accepted into trust for the Tribe by the  
          United States Secretary of the Department of the Interior and in  
          2012 the National Indian Gaming Commission identified the 200  
          acres held in trust for the Karuk Tribe as "restored lands" and  
          eligible under IGRA for gaming purposes.

          Today, the Karuk Tribe of California is comprised of three  
          communities located in Orleans, Happy Camp, and Yreka.  As per  
          the Compact's preamble, the Karuk people are the second largest  
          tribe in California with approximately 3,700 tribal members  
          located in one of the most economically depressed regions of the  
          State. 

          The Tribe has successfully developed housing divisions, health  
          clinics and Head Start programs in Orleans, Happy Camp, and  
          Yreka, its three major population centers, and currently employs  
          over 100 individuals in various administrative, educational,  
          energy assistance, housing, child welfare, natural resources   
          and economic development programs.

          The Tribe intends to develop its casino project in two phases.   








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          Phase 1 consists of a 36,497 square-foot gaming facility in  
          Yreka with a 13,800 square-foot gaming floor comprising  
          approximately 500 gaming machines and 8 table games, a 100-seat  
          restaurant, and on-site parking.  Phase 2 will add an 80-room  
          hotel, more parking, an additional 20,000 square-feet of gaming  
          space along with 300 gaming machines and 8 table games.  The  
          project is expected to create 350 jobs in Siskiyou County which  
          suffers an unemployment rate of over 10%.  

          The Compact points out that the State recognizes the need for  
          the Tribe to develop a gaming facility capable of generating  
          sufficient revenue to service the debt associated with the high  
          predevelopment and construction costs of the facility.  Also,  
          the Compact notes that 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.

          Additionally, the Compact 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.
          Furthermore, the Compact points out that the Tribe has agreed to  
          provide to the State, on a government-to-government basis, a  
          portion of the Tribe's revenues for fair reimbursement of the  
          cost of regulation and mitigation, for payments to non-gaming  
          tribes, and for payments to mitigate impacts of the gaming  
          facility on the local community.  The parties also acknowledge  
          that if the Tribe were required to pay a large share of its  
          revenues following commencement of gaming activities, then the  
          positive impact of the Tribe's investment would not be fully  
          recognized, the tribe would not materially benefit, and the  
          gaming facility would not be economically viable.

          The preamble states that 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.  Also, the State and the Tribe have concluded  
          that this Compact protects the interests of the Tribe and its  








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          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
                            
          Scope of Class III Gaming Authorized:  The Tribe is authorized  
          to operate up to 1,500 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.   
          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.   

          Special Distribution Fund (SDF):  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 (CGCC), the California Department of Justice,  
          the Office of the Governor and the California 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 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  








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          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." 

          Revenue Sharing Trust Fund (RSTF):  The Tribe has agreed to pay,  
          on a quarterly basis, into the RSTF or the Tribal Nation Grant  
          Fund (TNGF), for distribution to non-gaming and limited-gaming  
          tribes, an amount equal to 10% of the net win, as defined, on  
          every slot machine in operation over 350.  The Tribe does not  
          make payments into the RSTF or the TNGF if it operates 349 or  
          fewer slot machines.  The Compact also provides that prior to  
          making its quarterly payment to the RSTF; the Tribe may deduct  
          $75 per member of the Tribe per quarter if the total gaming  
          revenue is less than $20 million.  If the deduction exceeds the  
          amount that would otherwise be due, then the Tribe shall make no  
          payment.  If the total gaming revenue exceeds $21 million in a  
          quarter but is less than $22 million, the Tribe may deduct $50  
          per tribal member.  Should the total gaming revenue exceed $22  
          million in a quarter but is less than $23 million the Tribe may  
          deduct $25 per member during that quarter.

          "Net-Win" is defined as a calculation of the net revenue from  
          gaming devices within the facility.  Specifically, it equals the  
          total amount spent by customers in playing the device, less  
          winnings paid out, less operating expenses (including the  
          portion of the gaming operation's payments to a third-party  
          wide-area progressive jackpot system provider that is  
          contributed only to the progressive jackpot amount).
                                  
          Gaming Facility Mitigation and Local Intergovernmental  
          Agreements:  Before the commencement of any activity occurring  
          on Indian lands, a principal purpose 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 which is attributable  
          to the casino operation, the Tribe must follow designated  
          procedures, and enter into agreements, required pursuant to the  
          Compact, to mitigate significant effects.  Specifically, the  
          Tribe is required to enter into agreements with the following:   
          1) the County of Siskiyou and the City of Yreka for law  
          enforcement, fire protection, emergency medical services and  
          other services provided and 2) the California Department of  
          Transportation (Caltrans) to mitigate all traffic impacts on the  








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          State highway system and for the Tribe to pay their fair share  
          of cumulative traffic impacts. 
          Additional Compact Components:

          1)Patron Protections (injuries and gambling) - the Tribe  
            (through its tribal gaming agency) must attempt to resolve  
            patron disputes within three days of the play or operation of  
            any game, including refusal to pay to a patron any alleged  
            winnings from any gaming activities.  If the patron is  
            dissatisfied with the resolution, the dispute shall be  
            resolved through binding arbitration before a single  
            arbitrator, who shall be a retired judge, in accordance with  
            the streamlined arbitration rules and procedures of JAMS  
            (Judicial Arbitration and Mediation Services).  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.  The Tribe has agreed to maintain  
            commercial general liability insurance of no less than $10  
            million per occurrence for bodily injury, property damage, and  
            personal injury.

          2)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.  A  
            completed TEIR must be filed with the County of Siskiyou, the  
            City of Yreka, the Department of Justice, the State  
            Clearinghouse and the State Gaming Agency.  Also, provides for  
            binding arbitration if an intergovernmental agreement with the  
            County of Siskiyou and the City of Yreka is not entered into  
            within 75 days of the submission of the final TEIR.

          3)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.   
            The Tribe has also agreed to adopt and comply with standards  
            no less stringent than federal and state employment  
            discrimination laws.  

          4)Enhanced Audit and Compliance Review Procedures - in addition  
            to providing for an annual independent audit, the Compact  








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            allows the state to conduct its own annual audit and compact  
            compliance review.

          5)Inspection and Testing of Slot Machines - slot machines will  
            have to be tested, approved and certified by an independent  
            gaming test laboratory or state governmental gaming test  
            laboratory to ensure that they are being operated according to  
            specified technical standards.  Also, requires the Tribal  
            Gaming Agency to maintain adequate records that demonstrate  
            compliance with software and hardware specifications.  The  
            State Gaming Agency would be authorized to annually conduct up  
            to four random inspections of slot machines in operation to  
            confirm that the slot machines are operating in conformance  
            with these standards. 

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

          7)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. 

          8)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 C 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.  









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            The Tribe has entered into separate agreements with the  
            Building and Construction Trades Council and UNITE HERE  
            International Union.

          9)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.

          10)Tobacco and Alcohol Provisions - the Tribe agrees to provide  
            a non-smoking area in the gaming facility 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 -  
            the Alcoholic Beverage Control (ABC) Act.

          11)Health and Safety Standards - the Tribe has agreed to adopt  
            and comply with State public health standards for food and  
            beverage handling and federal water quality and safe drinking  
            standards applicable to California.

          12)Building Codes and Fire Safety - the Tribe has agreed to meet  
            or exceed the California Building Code and the Public Safety  
            Code applicable to Siskiyou County and submit to fire safety  
            inspections by the State, and to rectify deficiencies, lest be  
            subject to court order prohibiting occupancy of the portion of  
            the gaming facility with the deficiencies. 

          13)Emergency Services Accessibility and Possession of Firearms -  
            the Tribe must make reasonable provisions for adequate  
            emergency fire, medical, and related relief and disaster  
            services for patrons and employees.  Also, prohibits the  
            possession of firearms by any person in the gaming facility at  
            all times except for federal, state, or local law enforcement  
            personnel, or tribal law enforcement or security personnel, as  
            authorized.

          14)Arbitration Rules - provides that arbitration shall be  
            conducted before a single arbitrator in accordance with the  
            Commercial Arbitration Rules of the American Arbitration  








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            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.

          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, 2034.  
           Also, if this Compact does not take effect by July 1, 2014, it  
          shall be deemed null and void unless the Tribe and the State  
          agree in writing to extend that date.
           
           Additional Background Information

          California Proposition 1A, Gambling on Tribal Lands:  California  
          Proposition 1A, also known as the Gambling on Tribal Lands  
          Amendment, was on the March 7, 2000, ballot in California, where  
          it was approved (64.5% to 35.5%).   Proposition 1A authorized  
          the governor to negotiate compacts with federally recognized  
          Indian tribes on Indian lands in California to operate slot  
          machines, lotteries and banking and percentage card games,  
          subject to legislative ratification.  Proposition 1A was a  
          legislatively-referred constitutional amendment, placed on the  
          ballot by the California State Legislature as a proposed  
          modification of the California Constitution Article IV, Section  
          19.
           
           Indian Gaming Regulatory Act:  In 1988, Congress enacted 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  








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          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.

          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  
          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 United States Secretary  
          of the Interior.  
           
           Rincon Decision:  In 2004, the Rincon Band of Mission Indians  
          sued the State of California in federal court after negotiations  
          for a new gambling agreement with then-Governor Schwarzenegger  








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          fell apart.  The Tribe believed the Governor was violating  
          federal law by insisting that tribes pay money into the state's  
          general fund in exchange for more slot machines.

          In July 2011, the United States Supreme Court declined to review  
          a Ninth Circuit Court's decision that ruled the state could not  
          require the Rincon Band tribe to pay a percentage of slot  
          machine revenue into California's General Fund for more gaming  
          devices.  The Ninth Circuit had affirmed a lower court decision  
          that the new financial concessions were nothing more than a  
          state tax on tribal casino revenues which is prohibited by IGRA.  
           The court concluded that a "non-negotiable, mandatory payment  
          of 10% of net win into the State treasury for unrestricted use  
          yields public revenue and is [therefore] a tax and that the  
          court was therefore required to consider the State's demand as  
          evidence of bad faith under IGRA's statutes."

          The Rincon decision has changed the dynamics of tribal-state  
          compact negotiations. This compact contains no revenue  
          distributions into the General Fund.  It does provide, and  
          Rincon allows, for the tribe to make mitigation payments to  
          local governments, revenue sharing with non-gaming tribes, and  
          costs for regulation. 
           
           Prior legislation:  AB 1245 (V. Manuel Pérez), Chapter 462,  
          Statutes of 2013.  Ratified the tribal-state gaming compact  
          entered into between the State of California and the Ramona Band  
          of Cahuilla Indians located in Riverside County, executed on  
          June 10, 2013.  

          AB 277 (Hall), Chapter 277, Statutes of 2013.  Ratified two new  
          compacts entered into between the State of California and the  
          following tribes: North Fork Rancheria, executed on August 31,  
          2012 and the Wiyot Tribe, executed on March 20, 2013. 

          AB 1267 (Hall), Chapter 6, Statutes of 2013.  Ratified the  
          amended tribal-state gaming compact entered into between the  
          State of California and the Shingle Springs Band of Miwok  
          Indians, executed on November 15, 2012.  

          SB 668 (Fuller), Chapter 67, Statutes of 2013.  Ratified the  
          tribal-state gaming compact entered into between the State of  
          California and the Fort Independence Indian Community of Paiute  
          Indians, executed on February 28, 2013.  








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          AB 517 (Hall), Chapter 12, Statutes of 2012.  Ratified the  
          tribal-state gaming compact entered into between the State of  
          California 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 of California and the Coyote Valley Band of  
          Pomo Indians, executed on July 25, 2012.
          AB 1418 (Hall), Chapter 412, Statutes of 2011.  Repealed 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 ratified the  
          tribal-state gaming compact entered into between the State and  
          the Tribe, executed on August 8, 2011.  

          AB 1020 (Chesbro), Chapter 27, Statutes of 2011.  Repealed the  
          ratification of the tribal-state gaming compact entered into  
          between the State of California and the Habematolel Pomo of  
          Upper Lake, executed on September 2, 2009, and instead ratified  
          a new tribal-state gaming compact entered into between the State  
          and the Tribe, executed on March 17, 2011.  

          SB 89 (Budget and Fiscal Review Committee), Chapter 1, Statutes  
          of 2010.  Ratified the tribal-state gaming compact entered into  
          between the State of California and the Habematolel Pomo of  
          Upper Lake, executed on September 2, 2009.

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

          AB 3072 (Price), Chapter 334, Statutes of 2008.  Ratified the  
          first amendment to a tribal-state gaming compact entered into  
          between the State of California and the Shingle Springs Band of  
          Miwok Indians, executed on June 30, 2008.

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

          SB 174 (Ducheny), Chapter 39, Statutes of 2007.  Ratified the  








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          first compact amendment to the compact between the State of  
          California and Sycuan.

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

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

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

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

          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 (Quechan).

          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 (Nuñez), 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.  Also, provided for the  
          issuance of bonds in an amount not to exceed $1.5 billion by the  
          California Infrastructure and Economic Development Bank and  
          required 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 of California and the Torres-Martinez  








                                                                  SB 1224
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          Desert Cahuilla Indians.

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

          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.  Also, ratified 57 compacts  
          and created two special funds in the State Treasury (SDF and  
          RSTF), as specified.  

          Proposition 5.  Adopted by the People of California on November  
          3, 1998.  Specified the terms and conditions of mandatory  
          compacts between the State and tribal governments for class III  
          gambling on Indian lands.  Amended California law to allow slot  
          machines and banked card games at tribal casinos.  Provided for  
          contributions to trust funds benefiting non-gaming tribes,  
          statewide emergency medical care programs, and programs  
          benefiting communities near tribes.  Allowed tribes to retain a  
          monopoly on authorized gambling.  Proposition 5 was found to be  
          unconstitutional because it amended a provision of the  
          Government Code and did not amend the Constitution.

          SB 287 (Burton), Chapter 409, Statutes of 1998.  Ratified 11  
          compacts negotiated between the State of California and Indian  
          tribes that permitted Class III video 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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