BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                   THIRD READING 


          Bill No:  AB 475
          Author:   Bigelow (R), et al.
          Amended:  5/26/15 in Assembly
          Vote:     27  - Urgency

          NOTE:  On May 12, 2015, the Senate Governmental Organization  
                 Committee held an informational hearing on the  
                 tribal-state gaming compact between the State of  
                 California and the Jackson Rancheria Band of Miwuk  
                 Indians.

           ASSEMBLY FLOOR:  76-0, 5/28/15 - See last page for vote

           SUBJECT:   Tribal gaming: compact ratification


          SOURCE:    Author


          DIGEST:  This bill ratifies the tribal-state gaming compact  
          (Compact) entered into between the State of California and the  
          Jackson Rancheria Band of Miwuk Indians (hereafter "Tribe")  
          executed on February 1, 2015; provides that, in deference to  
          tribal sovereignty, certain 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 (Caltrans) from  
          CEQA requirements.


          ANALYSIS:   


          Existing law:








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          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)Expressly authorizes 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.

          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 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  








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            the Legislature.

          This bill ratifies the Compact between the State of California  
          and the Jackson Rancheria Tribe which was executed on February  
          1, 2015 and supersedes the 1999 compact between the Tribe and  
          the State of California.  The Compact 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 IGRA and any applicable  
          regulations adopted pursuant thereto, this Compact, or the  
          Tribe's gaming ordinance.
          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.  Additionally, the  
          Compact provides a framework for the sharing of gaming revenue  
          with Amador 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. 

          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.

          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 in Amador County.  The Tribe has  
          operated a bingo hall since 1985 and entered into a compact with  
          the State of California for Class III gaming in 1999.  

          According to information provided by the Tribe, the Jackson  








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          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 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  
          which 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  
          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 that "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."   








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          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  
          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
           
           1)Scope of Class III Gaming Authorized.  Authorizes the Tribe 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.   
            Provides that the Tribe may not operate roulette games (table  








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            or mechanical) or any game that incorporates the physical use  
            of a die or dice. Also, prohibits the Tribe from engaging in  
            Class III Gaming that is not expressly authorized in the  
            Compact.
           
           2)Authorized Gaming Facility. Provides that 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 three hundred (300) gaming devices and shall have a  
            primary purpose other than gaming authorized under IGRA.
           
           3)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 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: (i)  
            terminate this Compact, in which case the Tribe will lose the  
            right to operate Class III gaming authorized by this Compact  
            or (ii) 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.   
           
           4)Payments to the Special Distribution Fund (SDF).  Provides  
            that 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  








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            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." 
           
           5)Payments to the Revenue Sharing Trust Fund (RSTF) or Tribal  
            Nation Grant Fund (TNGF).  Provides that if the Tribe operates  
            more than three hundred fifty (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, eight percent (8%) of its Net Win from its operation  
            of gaming devices in excess of three hundred fifty (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. 
           
           6)Credits Applied to RSTF or the TNGF.  Provides that the State  
            agrees to provide the Tribe with an annual credit for up to  
            forty percent (40%) of the payments otherwise due to be paid  
            into the RSTF or TNGF for the following:

             a)   Payments by the Tribe to the County of Amador 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  








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               shall be subject to approval by the County or local  
               jurisdiction in the County and at least twenty percent  
               (20%) of the annual credits must be utilized for the above  
               stated purposes; 

             b)   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; 

             c)   Payments to support operating expenses and capital  
               improvements for non-tribal governmental agencies or  
               facilities operating within Amador County; 

             d)   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; 

             e)   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, 

             f)   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 forty percent (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.








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          7)Quarterly Contribution Report.  Provides that 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 that includes: (a)  
            calculation of the maximum number of gaming devices operated  
            each day, (b) the Net Win calculation, (c) 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
          
                 Gaming Ordinance and Regulations.  Requires that all  
               gaming activities 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 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.  Provides that  
               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.  Also, every gaming employee must obtain, and  
               thereafter maintain current, a valid tribal gaming license,  
               as specified.

                 Environmental Protections.  Requires the Tribe to  
               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  








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               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 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. 

                 Employee Protections.  Provides that the Tribe may  
               create and maintain a system that provides redress for  
               employee work-related injuries, as specified and 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.  Provides that 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.  Additionally, provides that 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.  Furthermore, provides that the Tribe agrees  
               to adopt and comply with standards no less stringent than  
               federal and state employment discrimination laws.

                 Patron Protections (injuries and gambling).  Provides                                                      
               that 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  








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               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.  Additionally, provides that the  
               Tribe agrees to maintain commercial general liability  
               insurance of no less than $10 million per occurrence for  
               bodily injury, property damage, and personal injury. 

                 Enhanced Audit and Compliance Review Procedures.  In  
               addition to providing for an annual independent audit, this  
               Compact allows the state to conduct its own annual audit  
               and compact compliance review. 

                 Minimum Internal Control Standards (MICS).  Provides  
               that 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. 

                 Inspection and Testing of Slot Machines.  Requires slot  
               machines 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.  In addition, authorizes the State Gaming  
               Agency 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.
              
                 Compliance Enforcement.  Provides that 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  








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               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.  Provides that 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.

                 Problem Gambling.  Requires the gaming operation to  
               establish a program, approved by the Tribal Gaming Agency,  
               to mitigate pathological and problem gaming by implementing  
               specified measures.
              
                 Prohibitions Regarding Minors.  Provides that the Tribe  
               shall prohibit persons under the age of twenty-one (21)  
               years from being present in any room or area in which  
               gaming activities are being conducted unless the person is  
               in 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 Act.









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                 Tobacco Provisions.  Provides that 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.

                 Protection of the Public.  Prohibits the Tribe from  
               conducting 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.

                 Health and Safety Standards.  Provides that 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.

                 Building Codes and Fire Safety.  Provides that in order  
               to assure the protection of the health and safety of all  
               gaming facility patrons, guests, and employees, the Tribe  
               shall adopt and 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.

                 Emergency Services Accessibility and Possession of  
               Firearms.  Provides that 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.

                 Effective Date.  Provides that this Compact shall not be  
               effective unless and until all of the following have  








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               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.  If this Compact does not take effect by  
               September 17, 2017, it shall be deemed null and void unless  
               the Tribe and the State agree in writing to extend the  
               date.

                 Amendments and Renegotiations.  Provides that 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 eighteen (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/Related Legislation

          SB 1356 (De León, Chapter 314, Statutes of 2014) ratified the  
          amendment to the tribal-state gaming compact entered into  
          between the State of California 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 of  
          California 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 of California 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 of California and the  
          following tribes: North Fork Rancheria, executed on August 31,  
          2012 and the Wiyot Tribe, executed on March 20, 2013. 
          








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          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. 
           
          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.
            
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          SUPPORT:  (Verified 6/2/15)

          Jackson Rancheria Band of Miwuk Indians
          American Federation of Labor
          Amador County Board of Supervisors
          Amador County Sheriff Martin Ryan
          California Teamsters Public Affairs Council
          City of Jackson
          Ione Business & Community Association
          Pala Band of Mission Indians
          UNITE-HERE
          United Auburn Indian Community

          OPPOSITION:  (Verified 6/2/15)

          None received

          ARGUMENTS IN SUPPORT:  The Governor's Office points out 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 Amador  
          County on specific mitigation measures.  Also, to protect the  
          health and safety of patrons, guests, and employees, the gaming  
          facility must meet pertinent provisions of the California  








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          Building Code and the California Public Safety Code."
            
          According to the Governor's Office, "certain terms of the  
          Compact are consistent with provisions of more recent compacts  
          related to licensing, compliance enforcement and mitigation of  
          off-reservation gaming impacts, but have been updated to  
          reflect, among other things, the evolving nature of financial  
          markets, as well as the professionalism of the Tribe's  
          regulators and their constructive relationship with state gaming  
          regulators."
            
          The Governor's Office contends that "this Compact continues to  
          assure the protection of the health and safety of the casino  
          patrons, guests and employees and affirms the role of a  
          tribal-state association of gaming regulators to provide a  
          framework within which tribal and state gaming regulators can  
          exchange information and collaborate to ensure that the gaming  
          public has continued confidence in the integrity of casino  
          operations."

          Writing in support, the Tribe states that "ratification of this  
          new Compact permits the Tribe to continue supporting programs  
          benefitting tribal members, tribal employees, and the larger  
          Amador community.  It also represents a positive step forward in  
          the relationship between the Jackson Rancheria and the State of  
          California as it addresses many of the issues of mutual concern  
          that have arisen since the 1999 compact was signed."   

          The Amador County Board of Supervisors states that "it has had a  
          long history of a very positive relationship with the Jackson  
          Rancheria, and believes that this compact will strengthen that  
          partnership in the future.  Over the years, the Jackson  
          Rancheria, in an attempt to mitigate the impact that it has on  
          the County, has voluntarily contributed millions of dollars to  
          Amador County and cities within the County."  The County has  
          also expressed support of the compact provisions that will allow  
          the Rancheria to get credit for up to 40% of their mandated  
          payments to the State by redirecting those funds pursuant to  
          local agreements for specified services, impacts and  
          infrastructure improvements. 

          ASSEMBLY FLOOR:  76-0, 5/28/15








                                                                     AB 475  
                                                                    Page  17



          AYES:  Alejo, Travis Allen, Baker, Bigelow, Bonilla, Bonta,  
            Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez,  
            Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,  
            Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Hadley,  
            Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer,  
            Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,  
            Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark  
            Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,  
            Wood, Atkins
          NO VOTE RECORDED:  Achadjian, Bloom, Gomez, Grove

          Prepared by:Arthur Terzakis / G.O. / (916) 651-1530
          6/3/15 13:25:54


                                   ****  END  ****