BILL ANALYSIS Ó
AB 291
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
291 (Atkins and Gonzalez)
As Amended August 3, 2016
2/3 vote. Urgency
--------------------------------------------------------------------
|ASSEMBLY: | |(April 30, |SENATE: |38-0 |(August 16, |
| | |2015) | | |2016) |
| | | | | | |
| | | | | | |
--------------------------------------------------------------------
(vote not relevant)
Original Committee Reference: G.O.
SUMMARY: Ratifies a Tribal-State Gaming Compact (Compact)
between the State of California (State) and the Barona Band of
Mission Indians (Tribe) which was executed on June 22, 2016.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Ratify the Compact entered into between the State of
California and the Barona Band of Mission Indians executed on
June 22, 2016.
2)The Compact supersedes the 1999 compact between the Tribe and
AB 291
Page 2
the State of California.
3)The Compact provides the Tribe may operate a maximum of 2,500
gaming devices.
4)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 4.75% of its "gross gaming
revenue," to be shared with tribes that are not gaming or that
otherwise are not substantially benefiting from gaming.
5)The Compact provides a framework for the sharing of gaming
revenue with the County of San Diego and other local
jurisdictions. Specifically, from its payments to the Revenue
Sharing Trust Fund (RSTF) or the Tribal Nation Grant Fund
(TNGF), the Tribe may take annual credits of up to 60% for
infrastructure improvements that in part benefit county
residents, fire, law enforcement, public transit, education,
tourism, youth programs and other services including
investments in renewable energy, water conservation or
recycling projects and payments to support capital
improvements or operating expenses for facilities that provide
health care services to tribal members and other members of
the local community.
6)The Compact: a) provides a regulatory framework that respects
the role of the tribal gaming agency as the primary regulator
while also ensuring that state gaming regulators fulfill their
responsibilities; b) requires the Tribe to conduct its gaming
activities pursuant to an internal control system that
implements minimum internal controls that are no less
stringent than those in federal regulations; c) requires the
Tribe to adopt a Tribal Labor Relations Ordinance, as
specified; and, d) contains provisions to protect the health
and safety of patrons, guests, and employees.
7)Provide that, in deference to tribal sovereignty, certain
AB 291
Page 3
actions are not deemed projects for purposes of the California
Environmental Quality Act (CEQA); and, stipulates, except as
expressly provided, that none of the provisions shall be
construed to exempt a city, county, or city and county, or the
Department of Transportation from CEQA requirements.
8)Once effective (legislative ratification and federal approval
required), this Compact will be in full force and effect for
25 years following the effective date.
9)Contain an urgency clause, allowing this bill to take effect
immediately upon enactment.
EXISTING LAW:
1)Provides, under the Indian Gaming Regulatory Act (IGRA), for
the negotiation and conclusion of compacts between federally
recognized Indian tribes and the State for the purpose of
conducting Class III gaming activities on Indian lands within
a State as a means of promoting tribal economic development,
self-sufficiency, and strong tribal governments.
2)Authorizes expressly a number of tribal-state gaming compacts
between the State of California and specified Indian tribes.
3)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.
4)Limits the operation of Class III gaming activities to Indian
lands acquired on or before October 17, 1988. Provides for
certain exceptions to conduct gaming activities on Indian
lands acquired after October 17, 1988.
AB 291
Page 4
5)Defines Indian lands to mean all lands within the limits of
any Indian reservation, and any lands title to which is either
held in trust by the United States (U.S.) for the benefit of
any Indian tribe, or individual, or held by any Indian tribe
or individual subject to restriction by the U.S. against
alienation and over which an Indian tribe exercises
governmental power.
6)Requires the State to negotiate to conclude a compact in good
faith with an Indian tribe having jurisdiction over the Indian
lands upon which the Class III gaming activity is to be
conducted. Provides the U.S. 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.
7)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, 2016, the Assembly Governmental
Organization Committee held an informational hearing on this
Compact between the State of California and the Barona Band of
Mission Indians.
Brief History and Background:
The Barona Band of Mission Indians is located in eastern San
Diego County, on an approximately 7,227-acre reservation, home
to a majority of the 549 enrolled members. A seven-member
Tribal Council pursuant to custom and tradition governs the
AB 291
Page 5
Tribe. Tribal Council members are elected by the General
Council, which includes all qualified voters 18 years and older.
Elections are staggered and held every two years. In 1999, the
Tribe entered into a tribal-state gaming compact with the State
of California which has provided it with extensive economic
opportunities, including a profitable casino.
The Barona Resort and Casino is a major economic force in
eastern San Diego County. The Tribe employs approximately 3,000
individuals and offers 2,000 slot machines, 80 table games, a
15-table poker room, and 10 restaurants and eateries.
Additionally, the Tribe operates a 400-room resort hotel and a
full service day spa. The resort also features an award winning
18 hole golf course, known as the Barona Creek Golf Club.
The Tribe's efforts have brought substantial economic benefits
to the Tribe and the surrounding communities. Under the
leadership and guidance of the Barona Tribal Council, the Tribe
has made significant investments in the reservation and the
surrounding community including roads, a water reclamation plant
and water recovery program, the Barona Fire Department, Tribal
Enforcement and contract Sheriff Deputy, the Barona Indian
Charter School, children's park, gas station and the Barona
Museum and Cultural Center. The Tribe has also worked in
collaboration with San Diego County on a number of public safety
issues and infrastructure development projects during the term
of its existing compact. Additionally, the Tribe has invested
significantly in the region through philanthropic contributions
to a plethora of local public and nonprofit organizations (e.g.,
cultural arts, educational programs, civic organizations, local
schools, pediatric centers, disaster relief centers, etc.).
Furthermore, the success of the Tribe's businesses has enabled
the Tribe to provide its members with medical, dental and vision
insurance, death benefits, senior meal delivery services,
education, housing and jobs. The Tribe provides programs for
its tribal members, especially youth, to ensure healthy and
productive lives. These include scholarships for all education
levels, tutoring, a youth center, daycare, preschool, full
service library, recreation center, organized sporting events,
and cultural activities for all ages.
AB 291
Page 6
Key Components of the Compact:
Scope of Class III Gaming Authorized: The Tribe is authorized
to operate up to 2,500 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,
provided that the Tribe will not offer such games through use of
the Internet unless others in the state not affiliated with or
licensed by the California State Lottery are permitted to do so
under state and federal law. The Tribe shall not engage in
Class III Gaming that is not expressly authorized in the
Compact.
Authorized Gaming Facility: The Tribe may establish and operate
not more than one gaming facility and engage in Class III Gaming
only on eligible Indian lands held in trust for the Tribe,
located within the boundaries of the Tribe's reservation and
trust lands as those boundaries exist as of the execution date
of this Compact, as legally described in the Compact (Appendix
A).
Exclusivity: If gaming devices are operated anywhere in this
state other than in tribe maintained facilities under compact,
and an entity thereafter legally offers gaming devices -- the
tribe may terminate the Compact (and thus any rights to conduct
Class III gaming), or continue under this Compact with an
entitlement to a reduction of the rates following the conclusion
of negotiations with the State.
Payments to the Special Distribution Fund (SDF): The Tribe
shall pay to the State, on a pro rata basis, the 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, the California Department of Public
Health Programs, Office of Problem Gambling, the State
Controller, the Department of Human Resources, and the Financial
Information System for California, 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
AB 291
Page 7
effect may not be increased more than 5% per year, as defined.
Payments to the RSTF or the TNGF: If the Tribe operates more
than 350 gaming devices at any time in a given calendar year, it
shall thereafter, including in that calendar year, pay to the
CGCC, for deposit into the RSTF or the TNGF, four and three
quarters percent (4.75%) of its "gross gaming revenue" from the
operation of gaming devices in excess of 350.
"Gross Gaming Revenue" is defined as the win from gaming
devices, which is the difference between gaming wins and losses
before deducting costs and expenses or deducting incentives or
adjusting for changes in progressive jackpot liability accruals.
Generally, the difference between patron wagers and the payouts
made on winning wagers.
Credits Applied to the RSTF or the TNGF: The State agrees to
provide the Tribe with annual credits for up to 60% of the
payments otherwise due to be paid into the RSTF or TNGF for the
following:
1)Payments or the value of services provided to San Diego
County, local jurisdictions, school districts, charter
schools, and nonprofit and civic organizations operating
facilities or providing services within the County for fire,
law enforcement, emergency medical services, public transit,
education, tourism, recreation, youth athletics and other
services and infrastructure improvements intended to serve
off-reservation needs of County residents - such payments
shall be subject to approval by the State or Designated State
Agency and at least 20% of the annual credits must be utilized
for the above stated purposes;
2)Non-gaming related capital investments and economic
development projects by the Tribe that provide mutual benefits
to the Tribe and the State because, for instance, they have
particular cultural, social or environmental value, or
diversify the sources of revenue for the Tribe's general fund;
3)Payments to support operating expenses and capital
improvements for non-tribal governmental agencies or
AB 291
Page 8
facilities operating within the County of San Diego;
4)Investments in, and any funds paid to the State in connection
with, renewable energy projects that, in part, serve the
gaming facility, to include projects that incorporate charging
stations for electric or other zero-emission vehicles that are
available to patrons and employees of the gaming facility and
the tribe, its members and lineal descendants;
5)Payments to support capital improvements and operating
expenses for facilities within California that provide health
care services to tribal members, Indians, and non-Indians;
6)Investments by the Tribe for water treatment or conservation
projects and recycling projects;
7)Payments for providing general welfare benefits for, among
other things, educational, healthcare, burial assistance,
cultural or vocational purposes, to non-tribal members; and,
Payments by the Tribe to reimburse the County for any loss of
sales tax revenue that would otherwise be due for retail sales
at the Tribe's gaming facility or transient occupancy tax at the
tribe's hotel if it was not located on Indian lands.
All excess authorized credits that cannot be applied in any one
year because they would exceed the 60% may be applied as an
annual credit in all following years that this Compact is in
effect, in the same percentages, until completely exhausted.
Additional Compact Components:
Gaming Ordinance and Regulations: All gaming activities
conducted under this Compact shall, at a minimum, comply with 1)
a gaming ordinance duly adopted by the Tribe and approved in
accordance with IGRA, 2) all rules, regulations, procedures,
specifications, and standards duly adopted by the National
AB 291
Page 9
Indian Gaming Commission (NIGC), the Tribal Gaming Agency, and
the State Gaming Agency, and 3) the provisions of this Compact,
as specified.
Licensing Requirements and Procedures: All persons in any way
connected with the gaming operation or gaming facility who are
required to be licensed or to submit to a background
investigation under IGRA, and any others required to be licensed
under this Compact, including, without limitation, all gaming
employees, gaming resource suppliers, financial sources, and any
other person having a significant influence over the gaming
operation, must be licensed by the Tribal Gaming Agency and
cannot have had any determination of suitability denied or
revoked by the CGCC. In addition, every gaming employee must
obtain, and thereafter maintain current, a valid tribal gaming
license, as specified.
Minimum Internal Control Standards (MICS): The Compact requires
the Tribe to conduct its Gaming Activities pursuant to an
internal control system that implements MICS that are no less
stringent than specified MICS of the NIGC. It requires gaming
to operate pursuant to a written internal control system that
reasonably assures that assets are safeguarded and
accountability over assets is maintained, liabilities are
properly recorded and contingent liabilities are properly
disclosed, financial records are accurate and reliable,
transactions are performed in accordance with the Tribe's
authorization.
The Tribe is required to provide to the CGCC, upon written
request, a copy of the independent certified public accountant
agreed-upon procedures report conducted annually for submission
to the NIGC pursuant to federal law. This report verifies that
the gaming operation is in compliance with the NIGC's minimum
internal control standards.
Patron Disputes: Provides that the Tribe (through its Tribal
Gaming Agency) must attempt to resolve patron disputes within
seven days of the play or operation of any game, including
refusal to pay to a patron any alleged winnings from any gaming
activities. If a patron is dissatisfied with the resolution,
the Tribe shall inform the patron in writing within 15 days of
AB 291
Page 10
the right to resolution of the dispute by the Tribal Gaming
Agency, and if dissatisfied with the resolution, the patron has
the right to seek resolution by binding arbitration before a
single arbitrator, who shall be a retired judge, in accordance
with the streamlined arbitration rules and procedures of
Judicial Arbitration and Mediation Services (JAMS). The Tribal
Gaming Agency must conduct an appropriate investigation, provide
to the patron a copy of its procedures concerning patron
complaints, and render a decision in accordance with industry
practices. The decision shall be issued within 60 days of the
patron's request. The Tribe agrees to waive its sovereign
immunity in order to be compelled in federal or state court to
abide by the resolution of arbitration. The cost and expenses
of arbitration shall be initially borne by the Tribe but the
arbitrator shall award to the prevailing party its costs and
expenses (but no attorney fees). Any party dissatisfied with
the award of the arbitrator may at the party's election invoke
the JAMS Optional Arbitration Appeal Procedure; provided that
the party making such election must bear all costs and expenses
of JAMS and the arbitrators associated with the appeal
regardless of the outcome.
Public and Workplace Liability: The Tribe is required to obtain
and maintain a commercial general liability insurance policy
that provides coverage of no less than $10 million. Also,
requires the Tribe to adopt a Tort Liability Ordinance
containing provisions that are the same as California tort law
to govern all claims of bodily injury, personal injury, or
property damage arising out of, connected with, or relating to
the casino. The Tribe must consent to jurisdiction in the
Tribe's tribal court system, once a tribal court system is
established, or before a three-member tribal claims commission.
Any party dissatisfied with the award of the tribal venue may
invoke the JAMS Optional Arbitration Appeal Procedure. The
appeal will be based solely on the record developed in the
tribal court or tribal claims commission proceedings. Factual
determinations will not be set aside if supported by substantial
evidence. The cost and expenses of arbitration shall be
initially borne equally by the parties but the JAMS arbitrator
shall award to the prevailing party its costs and expenses (but
no attorney fees). The Tribe consents to the jurisdiction of
the tribal court, tribal claims commission, JAMS Optional Appeal
AB 291
Page 11
Procedure and any action to enforce their judgments or the
obligations in this section.
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 or state governmental gaming test
laboratory to ensure they are being operated according to
specified technical standards. In addition, 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 gaming devices in operation to confirm
that the slot machines are operating in conformance with these
standards.
Compliance Enforcement: It is the responsibility of the Tribal
Gaming Agency to conduct on-site gaming regulation and control
in order to enforce the terms of this Compact, IGRA, any
applicable NIGC and State Gaming Agency regulations, and the
tribal gaming ordinance with respect to gaming operation and
facility compliance, and to protect the integrity of the gaming
activities, the reputation of the Tribe and the gaming operation
for honesty and fairness, and the confidence of patrons that
tribal government gaming in California meets the highest
standards of regulation and internal controls. To meet those
responsibilities, the tribal gaming agency shall adopt and
enforce regulations, procedures, and practices.
Labor Provisions: Rather than requiring side agreements between
the Tribe and labor organizations, the Compact incorporates
provisions of Tribal Labor Relations Ordinance (TLRO) that has
the support of labor entities. The Compact provides that the
gaming activities authorized by this Compact may only commence
after the Tribe has adopted an ordinance identical to the TLRO
provided for in 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
AB 291
Page 12
casino facility, then the provisions of the TLRO become
effective. The TLRO provides for a secret ballot election. The
new TLRO proscribed by this compact is modeled after the TLRO
first incorporated into the compact with the Santa Ynez Band of
Chumash Indians and reflects significant changes from the 1999
TLRO.
The TLRO provides for a neutrality agreement between the Tribe
and union if the union requests this. If the union first offers
in writing not to engage in strikes, picketing, boycotts, attack
Web sites, or other economic activity at or in relation to the
tribal casino or related facility and issue and deliver a Notice
of Intent to Organize (NOIO) to the Tribe, then the Tribe must
not disparage or advocate opposition to the union. The Tribe
may make factual representations to employees concerning
employment with the Tribe, but may not take actions or make
statements that could reasonably be interpreted as criticizing
the union or advocating against unionization. During the 365
days after the Tribe received the NOIO, the union must collect
dated and signed authorization cards and complete the secret
ballot election. Secret ballot elections shall be held at a
location or locations determined by the employer, but there must
be at least neutral location. Employee may mail ballots so long
as received by Election Day. Failure to complete the secret
ballot election within 365 day under the neutrality agreement
shall preclude the union from delivering another NOIO for a
period of 730 days
Where there is a neutrality agreement, the TLRO provides for
resolution of collective bargaining impasse through interest
arbitration by the Federal Mediation and Conciliation Service
(FMCS). The interest arbitration procedure is modeled on the
Mandatory Mediation and Conciliation provisions in the
Agricultural Labor Relations Act. Other disputes are presented
to an arbitrator with expertise in labor law. Appropriate
challenges to the arbitrator's decision may be presented in
court.
Workers' Compensation: The Tribe agrees to participate in the
state's workers' compensation program with respect to employees
at the casino. All disputes arising from the workers'
compensation laws shall be heard by the State Workers'
AB 291
Page 13
Compensation Appeals Board pursuant to the California Labor
Code. The Tribe acknowledges the jurisdiction of the Board in
such manners. Furthermore, the Tribe agrees that it will
participate in the state's unemployment compensation program for
providing benefits and unemployment compensation disability
benefits to employees at the casino. The Tribe shall withhold
all taxes due to the state, except for Tribal members living on
the Tribe's reservation, and forward such amounts to the state.
Prohibitions Regarding Minors: The Tribe shall prohibit persons
under the age of 18 years from being present in any room or area
in which gaming activities are being conducted unless the person
is en route to a non-gaming area of the gaming facility, or is
employed at the Gaming Facility in a capacity other than as a
gaming employee.
Alcohol Provisions: Makes it explicit that the purchase, sale,
and service of alcoholic beverages shall be subject to state law
- the Alcoholic Beverage Control (ABC) Act.
Use and Sale of Tobacco: 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 under
state-of-the-art technology existing as of the date of the
construction or significant renovation of the gaming facility,
and further agrees not to offer or sell tobacco to anyone
younger than the minimum age specified in state law to legally
purchase tobacco products.
Problem Gambling: The gaming operation must establish a
program, approved by the Tribal Gaming Agency, to mitigate
pathological and problem gaming by implementing specified
measures.
Health and Safety Standards: The Tribe has agreed to adopt and
comply with tribal health standards for food and beverage
handling that are no less stringent than State public health
standards. In addition, the Tribe has agreed to comply with
federal water quality and safe drinking water standards
applicable in California. The Tribe must also adopt and comply
with federal and state laws forbidding harassment, including
AB 291
Page 14
sexual harassment, discrimination and retaliation. Furthermore,
the Tribe must maintain a $3 million insurance policy for these
purposes and adopt an ordinance that includes a dispute
resolution process.
Emergency Services Accessibility: The Tribe must make
reasonable provisions for adequate emergency fire, medical, and
related relief and disaster services for patrons and employees.
Building Codes and Fire Safety: In order to assure the
protection of the health and safety of all gaming facility
patrons, guests, and employees, the Tribe shall adopt or has
already adopted, and shall maintain throughout the term of this
Compact, an ordinance that requires any covered gaming facility
construction to meet or exceed the applicable codes. Gaming
facility construction, expansion, improvement, modification or
renovation must also comply with the federal Americans with
Disabilities Act.
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, provided that each party voluntarily
consents to such negotiations in writing. Any amendments to
this Compact shall be deemed to supersede, supplant and
extinguish all previous understandings and agreements on the
subject.
Effective Date: This Compact shall not be effective unless and
until all of the following have occurred: 1) The Compact is
ratified by statute in accordance with state law and 2) Notice
of approval or constructive approval is published in the Federal
Register. Once effective, this Compact shall be in full force
and effect for State law purposes until 25 years following the
effective date.
Additional Background Information:
Rincon Decision: In 2004, the Rincon Band of Mission Indians
sued the State in federal court after negotiations for a new
gambling agreement with then-Governor Schwarzenegger fell apart.
The Tribe believed the Governor was violating federal law by
insisting that tribes pay money into the state's General Fund in
AB 291
Page 15
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 in California.
SDF: Existing law creates the SDF in the State Treasury for the
receipt of revenue contributions made by tribal governments
pursuant to the terms of the 1999 model Tribal-State Gaming
compacts and authorizes the Legislature to appropriate money
from the SDF for the following purposes: 1) grants for programs
designed to address gambling addiction; 2) grants for the
support of state and local government agencies impacted by
tribal government gaming; 3) compensation for regulatory costs
incurred by CGCC and the DOJ in connection with the
implementation and administration of compacts; 4) payment of
shortfalls that may occur in the Indian Gaming RSTF; 5)
disbursements for the purpose of implementing the terms of
tribal labor relations ordinances promulgated in accordance with
the terms of the 1999 compacts; and, 6) any other purpose
specified by law. The distribution formula "sunsets" on January
1, 2021.
RSTF: Existing law also creates in the State Treasury the RSTF
for the receipt and deposit of moneys derived from gaming device
license fees that are paid into the RSTF pursuant to the terms
of specified tribal-state gaming compacts for the purpose of
making distributions to non-compacted tribes (e.g.,
federally-recognized non-gaming and tribes that operate casinos
AB 291
Page 16
with fewer than 350 slot machines). Revenue in the RSTF is
available to CGCC, upon appropriation by the Legislature, for
making distributions of $1.1 million annually to non-compact
tribes. The RSTF was created as part of the 1999 compacts,
which, in conjunction with the passage of Proposition 1A (2000),
created gaming compacts with approximately 60 California tribes.
Non-compact tribes are considered third-party beneficiaries of
the 1999 compacts.
According to CGCC, which administers the RSTF, a revenue
shortfall of approximately $15.5 million is anticipated this
fiscal year. According to the Department of Finance (DOF), the
SDF has sufficient funds in it for fiscal year 2016-2017 to
cover the RSTF shortfall. However, DOF indicates that it
projects a $1.6 million SDF balance deficiency in fiscal year
2017-2018 assuming a $25 million transfer to the RSTF. To cover
the anticipated shortfall in 2017-2018, approximately $1.6
million will need to be transferred from the General Fund in
order to ensure full RSTF payments are made to non-gaming and
limited-gaming tribes. A similar amount was redirected in
2015-2016. Recent compacts, including this one, have attempted
to alleviate the shortfall situation by requiring payments by
Tribes directly to the RSTF. This model appears to be a
template for future compacts, as well.
TNGF: The TNGF was created in the Graton Rancheria compact [AB
517 (Hall), Chapter 12, Statutes of 2012], as a new destination
for gaming revenue for distribution of funds to non-gaming and
limited-gaming tribes, upon application of such tribes for
purposes related to effective self-governance, self-determined
community, and economic development. The fund is designed to be
fluid and payments are intended to be made to non-gaming tribes
on a "need" basis, upon application by non-gaming tribes. The
TNGF currently does not receive funding.
Related legislation: AB 629 (Gonzalez) of the current
legislative session. Ratifies the tribal-state gaming compact
entered into between the State and the Pala Band of Mission
Indians, executed on May 6, 2016.
SB 187 (Hall) of the current legislative session. Ratifies the
tribal-state gaming compact entered into between the State and
AB 291
Page 17
the Jamul Indian Village, executed August 8, 2016.
AB 2358 (Gonzalez) of the current legislative session. Ratifies
the tribal-state gaming compact entered into between the State
and the Pechanga Band of Luiseno Indians, executed August 4,
2016.
AB 2915 (Committee on Governmental Organization) of the current
legislative session. Ratifies the tribal-state gaming compact
entered into between the State and the Agua Caliente Band of
Cahuilla Indians, executed August 4, 2016.
AB 1977 (Wood) of the current legislative session. Ratifies the
first amendment to the 2006 tribal-state gaming compact entered
into between the State and the Yurok Tribe, executed August 4,
2016.
SB 1426 (Hall) of the current legislative session. Ratifies the
tribal-state gaming compact entered into between the State and
the Yocha Dehe Wintun Nation, executed on August 4, 2016.
AB 1282 (Gray) of the current legislative session. Ratifies the
tribal-state gaming compact entered into between the State and
the Buena Vista Rancheria of Me-Wuk Indians, executed on June
28, 2016.
AB 1767 (Bigelow) of the current legislative session. Ratifies
the first amendment to the 2015 tribal-state gaming compact
entered into between the State and the Jackson Rancheria Band of
Miwuk Indians, executed on June 22, 2016.
SB 404 (De León) of the current legislative session. Ratifies
the tribal-state gaming compact entered into between the State
and the Viejas Band of Kumeyaay Indians, executed on June 22,
2016.
Prior legislation. AB 795 (Atkins), Chapter 520, Statutes of
2015. Ratified the tribal state gaming compact entered into
between the State and the Sycuan Band of Kumeyaay Nation,
executed on September 2, 2015.
AB 1540 (Gray), Chapter 531, Statutes of 2015. Ratified the
AB 291
Page 18
tribal-state gaming compact entered into between the State and
the Santa Ynez Band of Chumash Indians, executed on August 26,
2015.
AB 315 (Bigelow), Chapter 512, Statutes of 2015. Ratified the
amended and restated tribal-state gaming compact entered into
between the State and the United Auburn Indian Community,
executed on August 14, 2015.
AB 475 (Bigelow), Chapter 8, Statutes of 2015. Ratified the
tribal-state gaming compact entered into between the State and
Jackson Rancheria Band of Miwuk Indians, executed on February 1,
2015.
SB 1356 (De León), Chapter 314, Statutes of 2014. Ratified the
amendment to the tribal-state gaming compact entered into
between the State and the Viejas Band of Kumeyaay Indians,
executed on August 12, 2014.
SB 1224 (Correa), Chapter 300, Statutes of 2014. Ratified the
tribal-state gaming compact entered into between the State and
the Karuk Tribe, executed on December 4, 2013.
AB 1245 (V. Manuel Perez), Chapter 462, Statutes of 2013.
Ratified the tribal-state gaming compact entered into between
the State and the Ramona Band of Cahuilla Indians located in
Riverside County, executed on June 10, 2013.
AB 277 (Hall), Chapter 51, Statutes of 2013. Ratified two new
compacts entered into between the State 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 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 and
the Fort Independence Indian Community of Paiute Indians,
executed on February 28, 2013.
AB 291
Page 19
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. Repealed those
provisions ratifying the tribal-state gaming compact entered
into between the State and Pinoleville Pomo Nation, executed on
March 9, 2009, and instead ratified the tribal-state gaming
compact entered into between the State and the Pinoleville Pomo
Nation, 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 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 Habematolel Pomo of Upper Lake, 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 and the Habematolel Pomo of Upper Lake,
executed on September 2, 2009.
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 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 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 and the Yurok Tribe of the Yurok
AB 291
Page 20
Reservation.
SB 174 (Ducheny), Chapter 38, Statutes of 2007. Ratified the
first compact amendment to the compact between the State and
Sycuan.
SB 175 (Ducheny), Chapter 39, Statutes of 2007. Ratified the
first compact amendment to the compact between the State and
Morongo.
SB 903 (Padilla), Chapter 40, Statutes of 2007. Ratified the
first compact amendment to the compact between the State and
Pechanga.
SB 941 (Padilla), Chapter 226, Statutes of 2007. Ratified the
first compact amendment to the compact between the State and San
Manuel.
SB 957 (Torlakson), Chapter 41, Statutes of 2007. Ratified the
first compact amendment to the compact between the State 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.
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.
SB 930 (Burton), Chapter 802, Statutes of 2003. Ratified a
compact between the State and the Torres-Martinez Desert
AB 291
Page 21
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.
Proposition 1A, adopted by the people of California on March 7,
2000. Modified the prohibition against casinos and lotteries in
the California Constitution to authorize the Governor to
negotiate compacts, subject to legislative ratification, for the
operation of slot machines, lottery games, and banking and
percentage card games by federally recognized Indian tribes on
Indian lands in California, in accordance with federal law.
Authorized slot machines, lottery games, and banking and
percentage card games to be conducted and operated on Indian
lands subject to the compacts.
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.
SB 287 (Burton), Chapter 409, Statutes of 1998. Ratified 11
compacts negotiated between the State 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 FN:
0004363
AB 291
Page 22