BILL ANALYSIS Ó
AB 475
Page 1
ASSEMBLY THIRD READING
AB
475 (Bigelow)
As Amended March 26, 2015
Majority vote
SUMMARY: This bill ratifies a tribal-state gaming compact
(Compact) between the State of California (State) and the Jackson
Rancheria Band of Miwuk Indians (Tribe), executed on February 1,
2015. Specifically, this bill:
1)Authorizes the Tribe to operate a maximum of 1,800 slot machines
(200 less than authorized under the Tribe's 1999 Compact) at no
more than two gaming facilities, and only on those Indian lands
held in trust for the Tribe as of the execution date of this
Compact, as described. The Tribe may combine and operate in
each gaming facility any forms and kinds of gaming permitted
under law, except to the extent limited under the Indian Gaming
Regulatory Act (IGRA) and any applicable regulations adopted
pursuant thereto, this Compact, or the Tribe's gaming ordinance.
2)States 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 approximately 8% of the casino's
net win, to be shared with tribes that are not gaming or that
otherwise are not substantially benefiting from gaming.
3)Provides a framework for the sharing of gaming revenue with
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Amador County (County) and other local jurisdictions for
infrastructure improvements and fire, law enforcement, public
transit, education, tourism and other services. Furthermore,
the Compact provides incentives for investments in renewable
energy projects, non-gaming related economic development
projects and health care facilities that provide a mutual
benefit to the Tribe and the local community.
4)Provides that in order to assure mitigation of off-reservation
impacts of gaming related projects, the Tribe will engage in a
process that identifies impacts and produces a binding agreement
with the County on specific mitigation measures. In addition,
to protect the health and safety of patrons, guests, and
employees, the gaming facility must meet pertinent provisions of
the California Building Code and the California Public Safety
Code.
5)Supersedes the 1999 Compact between the Tribe and the State.
6)Provides that once effective (legislative ratification and
federal approval required), this Compact will be in full force
and effect for state law purposes for 20 years following the
effective date.
7)Provides that, in deference to tribal sovereignty, certain
actions may not be deemed projects for purposes of the
California Environmental Quality Act (CEQA).
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
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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. 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)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.
4)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. 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.
5)Authorizes the Governor, under the California Constitution, to
negotiate and conclude compacts, subject to ratification by the
Legislature.
FISCAL EFFECT: Unknown
COMMENTS: On May 6, 2015, the Governmental Organization Committee
held an informational hearing on the contents of this Compact.
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Brief History and Background: The Jackson Rancheria has been a
federally recognized band of Miwuk Indians since 1895 and occupies
over 1,400 acres of land near the City of Jackson (City) in Amador
County. The Tribe has operated a bingo hall since 1985 and
entered into a compact with the State for Class III gaming in
1999.
According to information provided by the Tribe, the Jackson
Rancheria is a small tribe (18-voting members) that is deeply
involved in the community and economic life of Amador County. The
Tribe is a responsible steward of its tribal lands, which
encompass a diverse ecosystem in the Sierra foothills. The Tribe
references that its beautiful RV (Recreational vehicle) Park,
which is tastefully situated in a secluded forest setting, is a
regional attraction and nationally recognized as an elite
facility.
The Tribe emphasizes that it has demonstrated its dedication to
economic development and public projects benefitting both the
Tribe and the community - these include long-standing tribal
contributions to law enforcement and other public safety programs
in Amador County, such as fire protection, as well as significant
contributions to the hospital, recreational facilities (including
the Indian Grinding Rock State Park), and the County Fair.
Additionally, the Tribe points out that in the past ten years, it
has provided millions of dollars to support a host of community
programs ranging from schools and the arts, drug and alcohol abuse
prevention, care for the elderly, and employment of Native
American youth. Furthermore, the Tribe notes that it has invested
in programs that have enhanced its workforce (e.g., establishment
of a local health clinic and adoption of a minimum wage that
exceeds California's minimum wage).
In 1999, the Tribe and the State entered into a Tribal-State
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compact, which enabled the Tribe, through revenues generated by
its gaming operation, to improve the governance, environment,
education, health, safety, and general welfare of its citizens,
and to promote a strong tribal government, self-sufficiency, and
to provide essential government services to its citizens.
The Tribe's current casino operation, known as the Jackson
Rancheria Casino Resort, has approximately 1,650 Class III gaming
devices (slot machines), offers 36 table games, five restaurants,
a hotel with 86 rooms, and both indoor and outdoor entertainment
venues. The casino resort complex also employs approximately
1,200 people. The Tribe reports, "It has no current plans to
expand the facility, and facing competition from other tribal
casinos, is not likely to do so in the foreseeable future."
The Compact's preamble indicates that the State and the Tribe
recognize that the exclusive rights the Tribe will enjoy under
this Compact provide a unique opportunity for the Tribe to
continue to engage in gaming activities in an economic environment
free of competition from the operation of slot machines 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's preamble specifies that in
consideration of the exclusive rights enjoyed by the Tribe to
engage in gaming activities and to operate the number of gaming
devices specified in the Compact, and the other meaningful
concessions offered by the State in good faith negotiations, and
pursuant to IGRA, the Tribe reaffirms its commitment, inter alia,
to provide to the State, on a sovereign-to-sovereign basis, and to
local jurisdictions, fair cost reimbursement and mitigation from
revenues from the gaming devices operated pursuant to this
Compact.
The Compact's preamble also states the Tribe and the State share
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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's preamble stipulates that 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
Scope of Class III Gaming Authorized: The Tribe is authorized to
operate up to 1,800 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.
Authorized Gaming Facility: The Tribe may establish and operate
not more than two gaming facilities and engage in Class III Gaming
only on eligible Indian lands held in trust for the Tribe, located
within the boundaries of the Jackson Rancheria as those boundaries
exist as of the execution date of this Compact, as legally
described in the Compact. If the Tribe chooses to operate more
than one gaming facility, then one of the two gaming facilities
shall have no more than 300 gaming devices and shall have a
primary purpose other than gaming authorized under IGRA.
Exclusivity: Provides that in the event the exclusive right of
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Indian tribes to operate Class III gaming in California pursuant
to the California Constitution is nullified by the enactment,
amendment, or repeal of a state statute or constitutional
provision or the conclusive and dispositive judicial construction
of a statute or the state Constitution by a California appellate
court after the effective date of this Compact, that gaming
devices may lawfully be operated by non-Indian entities, the
Tribe shall have the right to: 1) terminate this Compact, in
which case the Tribe will lose the right to operate Class III
gaming authorized by this Compact or 2) continue under this
Compact with entitlement to a reduction of the rates specified
below following conclusion of negotiations, to provide for: a)
compensation to the State for the reasonable costs of regulation,
as defined; b) reasonable payments to local governments impacted
by tribal government gaming; c) grants for programs designed to
address gambling addiction; and, d) such assessments as may be
permissible at such time under federal law.
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 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 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."
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Payments to the Revenue Sharing Trust Fund (RSTF) or Tribal Nation
Grant Fund (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 CGCC, for deposit into the
RSTF or the TNGF, 8% of its Net Win from its operation of gaming
devices in excess of 350.
"Net Win" is defined as the drop from gaming devices, plus the
redemption value of expired tickets, less fills, less payouts,
less participation fees (e.g., payments made to gaming resource
suppliers on a periodic basis by the gaming operation for the
right to lease or otherwise offer for play gaming devices), less
that 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.
Credits Applied to RSTF or the TNGF: The State agrees to provide
the Tribe with an annual credit for up to 40% of the payments
otherwise due to be paid into the RSTF or TNGF for the following:
1)Payments by the Tribe to the County and local jurisdictions
operating facilities or providing services within the County for
purposes of improved fire, law enforcement, public transit,
education, tourism, and other services and infrastructure
improvements intended to serve off-reservation needs of County
residents - such payments shall be subject to approval by the
County or local jurisdiction in the County and at least 20% of
the annual credits must be utilized for the above stated
purposes;
2)Payments by the Tribe to reimburse Amador County for any loss of
sales tax revenues to the County 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. Such reimbursements shall be subject to approval
by the County;
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3)Payments to support operating expenses and capital improvements
for non-tribal governmental agencies or facilities operating
within Amador County;
4)Non-gaming related capital investments and economic development
projects by the Tribe on tribal trust lands that the State or
State designated agency agrees provides 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;
5)Investments in, and any funds paid to the State in connection
with, renewable energy projects that, in part, serve the gaming
facility, to include facilities that incorporate charging
stations for electric or other zero-emission vehicles that are
available to patrons and employees of the gaming facility; and,
6)Payments (not including direct or indirect state or federal
funding) to support capital improvements and operating expenses
for facilities within California that provide health care
services to tribal members, Indians, and non-Indians.
All excess authorized credits that cannot be applied in any one
year because they would exceed the 40% may be applied as an annual
credit in all following years that this Compact is in effect, in
the same percentages, until completely exhausted.
Quarterly Contribution Report: At the time each quarterly payment
is due, the Tribe shall submit to the State a report, prepared and
certified by an authorized representative of the gaming operation.
The report must include: a) calculation of the maximum number of
gaming devices operated each day, b) the Net Win calculation, c)
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the amount due the SDF, d) calculation of the amount due to the
RSTF/TNGF, and e) the total amount of the quarterly payment.
Additional Compact Components
1)Gaming Ordinance and Regulation: All gaming activities
conducted under this Compact shall, at a minimum, comply with a)
a gaming ordinance duly adopted by the Tribe and approved in
accordance with IGRA, b) all rules, regulations, procedures,
specifications, and standards duly adopted by the National
Indian Gaming Commission (NIGC), the Tribal Gaming Agency, and
the State Gaming Agency, and c) the provisions of this Compact,
as specified.
2)Licensing Requirements and Procedure: 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.
3)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, the City, the Department of
Justice, the State Clearinghouse and the State Gaming Agency.
Also, provides for binding arbitration if an intergovernmental
agreement with the County is not entered into within 55 days of
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the submission of the final TEIR, or such further time as the
Tribe or the County may mutually agree in writing. Any party
may demand binding arbitration before a single arbitrator as set
forth in the Compact.
4)Employee Protections: The Tribe may create and maintain a
system that provides redress for employee work-related injuries
through requiring insurance or self-insurance, which system must
include a scope of coverage, availability of an independent
medical examination, right to notice, hearings before an
independent tribunal, a means of enforcement against the
employer, and benefits comparable to those mandated for
comparable employees under state law. Not later than the
effective date of this Compact, the Tribe will advise the State
of its election to participate in the statutory workers'
compensation system or, alternatively, will forward to the State
all relevant ordinances that have been adopted and all other
documents establishing the system and demonstrating that the
system is fully operational and compliant with the comparability
standard, as described. Independent contractors doing business
with the Tribe must comply with all state workers' compensation
laws and obligations.
The Tribe agrees that its gaming operation will
participate in the State's program for providing
unemployment compensation benefits and unemployment
compensation disability benefits with respect to
employees employed at the gaming facility, as described.
The Tribe has also agreed to adopt and comply with
standards no less stringent than federal and state
employment discrimination laws.
5)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
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any gaming activities. If the patron is dissatisfied with the
resolution, the patron may request that the dispute be resolved
either in the Tribe's tribal court system or 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.
6)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.
7)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.
8)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 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.
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9)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.
10)Labor Provisions: The Tribe has agreed to continue its
adoption of the Tribal Labor Relations Ordinance (TLRO), which
governs the organizational and representational rights of the
employees at the tribal casino and gaming facility and which is
referenced as Appendix C of this Compact. In addition, the
Tribe and Unite HERE, the hotel and casino workers union, have
entered into a bilateral agreement in which the Tribe has agreed
not to interfere in any organizational campaign to determine
representation of the employees and Unite HERE has agreed not to
engage in any negative economic activity, including strikes, at
the Tribe's gaming facilities. The TLRO provides for a secret
ballot election.
11)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.
12)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 non-gaming area of the gaming
facility, or is employed at the Gaming Facility in a capacity
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other than as a gaming employee.
13)Alcohol Provisions: Makes it explicit that the purchase, sale,
and service of alcoholic beverages shall be subject to state law
- the Alcoholic Beverage Control Act.
14)Tobacco 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 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 under 18 years of age.
15)Protection of the Public: The Tribe will not conduct Class III
Gaming in a manner that endangers the public health, safety, or
welfare; provided that nothing herein shall be construed to make
applicable to the Tribe any state laws or regulations governing
the use of tobacco.
16)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.
17)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 California Building Code and
the Public Safety Code applicable to the County in which the
gaming facility is located.
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18)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.
19)Effective Date: The Compact shall not be effective unless and
until all of the following have occurred: a) The Compact is
ratified by statute in accordance with state law and b) 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 for 20 years following the
effective date.
20)Amendments and Renegotiations: The terms and conditions of
this Compact may be amended at any time by the mutual and
written agreement of both parties during the term of this
Compact provided that each party voluntarily consents to such
negotiations in writing. No sooner than 18 months before the
termination of this Compact, either party may request the other
party to enter into negotiations to extend the term of this
Compact or to enter into a new Class III compact.
Prior legislation: 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.
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AB 1245 (V. Manuel Pérez), 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 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
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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. Ratification of this revised compact
authorized the Pinoleville Pomo Nation to operate up to 900 slot
machines with up to 15% of the casino's net win from the slots
will go to local communities and gambling mitigation and
regulation provisions, instead of requiring revenue contributions
be made to the General Fund as provided by the 2009 compact.
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. Ratification of
this revised compact authorized the Habematolel Pomo of Upper Lake
to operate up to 750 slot machines with up to 15% of the net-win
from those gaming devices being paid to the SDF and the RSTF,
instead of requiring revenue contributions be made to the General
Fund as provided by the 2009 compact.
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 2009. 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.
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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 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
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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. 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 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.
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.
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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. 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.
SB 8 (Lockyer), Chapter 867, Statutes of 1997. Repealed the
Gaming Regulation Act and enacted the Gambling Control Act of
1997. Established CGCC and charged it with, among other things,
the authority to issue, deny, revoke, suspend, or impose
conditions, restrictions, or limitations on licenses, permits, or
approvals to ensure that unsuitable or unqualified persons are not
involved in the operation of gambling. Established the Bureau of
Gambling Control (formerly known as the Division of Gambling
Control) within the Department of Justice and charged it with
specified investigative and enforcement duties.
Analysis Prepared by:
Eric Johnson / G.O. / (916) 319-2531 FN: 0000496
AB 475
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