BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1540|
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THIRD READING
Bill No: AB 1540
Author: Gray (D)
Amended: 8/31/15 in Senate
Vote: 27 - Urgency
PRIOR VOTES NOT RELEVANT
NOTE: On September 1, 2015, the Senate Governmental
Organization Committee held an informational hearing on
the tribal-state gaming compact entered into between the
State of California and the Santa Ynez Band of Chumash
Indians.
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
Santa Ynez Band of Mission Indians (hereafter "Tribe") executed
on August 26, 2015. Additionally, this bill 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
from CEQA requirements.
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Page 2
Senate Floor Amendments of 8/31/15 gut the contents of the
original bill relating to tribal gaming, add an urgency clause,
and insert provisions pertaining to ratification of the tribal
gaming compact recently executed by the Governor and the Santa
Ynez Band of Chumash Indians.
ANALYSIS:
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.
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
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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.
This bill ratifies the Compact entered into between the State of
California and the Tribe executed on August 26, 2015 and
supersedes the 1999 compact between the Tribe and the State of
California. Under the 1999 compact, the Tribe is authorized to
operate no more than 2,000 gaming devices (slot machines).
Under this Compact the Tribe may operate a maximum of 2,500 slot
machines at its current facility in Santa Barbara County.
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
this Compact as well as 6% 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, this
Compact provides a framework for the sharing of gaming revenue
with the County of Santa Barbara and other local jurisdictions.
Specifically, the Tribe may take annual credits of up to 60% (of
the 6% net win) for infrastructure improvements and fire, law
enforcement, public transit, education, tourism and other
services including investments in renewable energy or water
conservation projects and non-gaming related economic
development and health care facilities that provide a mutual
benefit to the Tribe and the local community.
Pursuant to the 1999 compact, the Tribe currently pays $5.8
million annually into the Special Distribution Fund (SDF) to
cover the State's regulatory costs relating to tribal gaming,
including problem gambling programs, and $1.3 million annually
into the Revenue Sharing Trust Fund (RSTF) which is directed to
non-gaming and limited gaming tribes in California.
Under this Compact, it is estimated that the Tribe will pay
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approximately $1 million annually into the SDF and approximately
$12 million annually into the RSTF or the Tribal Nation Grant
Fund (TNGF). The Tribe's $12 million payment into the RSTF may
be offset by up to $7.2 million (the 60% credit referenced
above), as specified.
Brief History of the Chumash Tribe and Background
According to information provided by the Tribe, the Chumash
Tribe is a federally recognized Indian tribe listed in the
Federal Register as the Santa Ynez Band of Chumash Mission
Indians of the Santa Ynez Reservation. In fact, the Santa Ynez
Band of Chumash Indians is the only federally-recognized Chumash
tribe in the nation.
The Santa Ynez Reservation is located in Santa Barbara County
and was established on December 27, 1901. 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. Pursuant to the
1999 compact, the Tribe operates 2,000 Class III gaming devices
and currently pays $5.8 million into the SDF and $1.3 million
into the RSTF annually.
Today, the Tribe is on a path to economic self-sufficiency as a
result of the revenue that has been generated over the past 15
years from its casino. Some tribal members continue to live on
the reservation and others live in homes in surrounding
communities. Currently, there are 249 residents on the Santa
Ynez Reservation and 97 homes.
The Tribe's current casino operation, known as the Chumash
Casino Resort, has approximately 2,000 slot machines, offers 36
table games, restaurants, a hotel with 106 rooms and other
venues. The casino resort complex also employs approximately
1,680 people. The Tribe reports that it is undergoing an
expansion which will add 212 hotel rooms and an extra 60,000
square feet of gaming floor.
In addition, the Tribe has a diversified business portfolio - it
owns or has ownership interests in a variety of businesses both
on and off of the Santa Ynez Reservation including three hotels
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nearby in Solvang; an office building in Buellton which houses
various tribal business functions; and, a federally qualified
health clinic.
Furthermore, the Tribe currently pays Santa Barbara County over
$2 million a year for a full-time on reservation deputy sheriff
and two full-time fire fighter paramedic positions in the Santa
Ynez and Solvang Fire Stations. The Tribe is also funding a
$1.6 million ladder truck to be housed in the Solvang Fire
Station.
Key Components of this Compact
Scope of Class III Gaming Authorized and Financial Terms. Under
this Compact, the Tribe may operate a maximum of 2,500 gaming
devices, 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 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 Tribe's reservation
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 five hundred
(500) gaming devices and shall have a primary purpose other than
gaming authorized under IGRA.
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: (1)
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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 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 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."
Payments to the RSTF or the TNGF. 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, six percent (6%) 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 that portion of the gaming operation's payments to a
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third-party wide-area progressive jackpot system provider that
is contributed only to the progressive jackpot amount.
Credits Applied to the RSTF or the TNGF. The State agrees to
provide the Tribe with an annual credit for up to sixty percent
(60%) of the payments otherwise due to be paid into the RSTF or
TNGF for the following:
1)Payments by the Tribe to the County of Santa Barbara 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 twenty percent (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 on or off 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;
3)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;
4)Payments to support capital improvements and operating
expenses for facilities within California that provide health
care services to tribal members, Indians, and non-Indians;
5)Investments by the Tribe for water treatment and conservation
projects; and,
6)General welfare benefits provided by the Tribe for health
care, education, and cultural or vocational purposes to
non-enrolled members of the Tribe and other Native Americans
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in the community.
All excess authorized credits that cannot be applied in any one
year because they would exceed the sixty percent (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.
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) 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 Elements
Gaming Ordinance and Regulations. Provides that 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 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.
Minimum Internal Control Standards (MICS). Requires the Tribe
to 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
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periodically by the State Gaming Agency and Tribal Gaming
Agency, to ensure the MICS keep up with changing technology
and industry standards.
Patron Disputes. 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 a patron is dissatisfied with the
resolution, the Tribe shall inform the patron in writing with
15 days of the right to resolution of the dispute by the
Tribal Gaming Agency. If dissatisfied with the resolution,
the patron has the right to seek resolution in either the
Tribe's tribal court system or through the tribal claims
commission. The Tribal Gaming Agency shall conduct an
appropriate investigation, provide to the patron a copy of its
procedures concerning patron complaints, and render a decision
in accordance with industry practice. The decision shall be
issued within 60 days of the patron's request. Any party
dissatisfied with the award of the tribal court or tribal
claims commission may, at the party's election, appeal to the
tribal appellate court or seek binding arbitration which shall
be settled by a retired judge, in accordance with the
streamlined arbitration rules and procedures of Judicial
Arbitration and Mediation Services (JAMS). The Tribe agrees
to wave its sovereign immunity in order to be compelled in
federal or state court to abide by the resolution of
arbitration.
Public and Workplace Liability. Requires the Tribe to obtain
and maintain a commercial general liability insurance policy
which provides coverage of no less than $10 million and adopt
a Tort Liability Ordinance stipulating that California tort
law governs claims. Also, provides that California tort law
shall apply to specified claims if the Tribe fails to adopt a
Tort Liability Ordinance.
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 filed with Santa
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Barbara County, the Department of Justice, the State
Clearinghouse and the State Gaming Agency. Also, projects
that have commenced prior to the effective date of this
Compact, including the "hotel expansion project" will be
subject to the relevant terms and conditions of the Tribe's
1999 compact then in effect.
Labor Provisions. Provides that the gaming activities
authorized by this Compact may only commence after the Tribe
has adopted an ordinance identical to the Tribal Labor
Relations Ordinance (TRLO), referenced as Appendix C of the
Compact, and the gaming activities may only continue as long
as the Tribe maintains the ordinance. If the Tribe employs
250 or more persons in a tribal casino facility, then the
provisions of the TLRO become effective. The TLRO provides
for a secret ballot election. The new TLRO proscribed by this
Compact is modeled after the Tribe's 1999 TLRO with several
modifications. The new TLRO provides for union neutrality.
The Tribe will not oppose a union organization but can
advocate the benefits of working for the Tribe. A labor union
must issue a Notice of Intent or Organize (NOIO). For a
period of 365 days following delivery of a NOIO, the union
shall not engage in strikes, picketing, boycotts, attack
websites, or other economic activity at or in relation to the
tribal casino or related facility. 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. Failure to complete the secret ballot election
within 365 days shall preclude the union from delivering
another NOIO for a period of two years (730 days). After the
certification that 30% of the employees have expressed an
interest in the union, a notice of election shall be issued
and the election shall be concluded within 30 calendar days
thereafter. Secret ballot elections shall be held at the
workplace and at least one neutral location. Employees may
mail in ballots provided they are received by election day.
Mediation for any collective bargaining agreement impasse
shall be made in conjunction with the Federal Mediation and
Conciliation Service (FMCS). The mediation process is modeled
on the Agricultural Labor Relations Act and authorizes the
mediator to resolve the impasse. According to the
Administration, the appeals procedures have been streamlined
significantly in comparison to the Tribe's 1999 TLRO.
Disputes are presented to an arbitrator with expertise in
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labor law and appropriate challenges to the arbitrator's
decision may be presented to a state superior court.
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 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.
Prohibitions Regarding Minors. Provides that the Tribe shall
prohibit persons under the age of eighteen (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.
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 in California.
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.
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). If the Tribe
permits the consumption of alcoholic beverages in the gaming
facility, the Tribe must prohibit persons under the age of
twenty-one (21) years from purchasing, consuming, or
possessing alcoholic beverages. The Tribe must also prohibit
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persons under the age of twenty-one (21) years from being
present in any room or area in which alcoholic beverages may
be consumed.
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.
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.
Workers' Compensation. Provides that 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' 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.
Effective Date. Provides that this 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 25 years following the effective date.
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Amendment by Agreement. 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. Any amendments to this
Compact shall be deemed to supersede, supplant and extinguish
all previous understandings and agreements on the subject.
Additional Relevant Background Information
Indian Gaming Regulatory Act (IGRA)
In 1988, Congress enacted the Indian Gaming Regulatory Act
(IGRA) to provide a statutory basis for the operation and
regulation of gaming on Indian lands. IGRA provides that an
Indian tribe may conduct gaming activity on Indian lands if the
activity "is not specifically prohibited by federal law and is
conducted within a State which does not prohibit such gaming
activity."
IGRA distinguishes between three classes of gaming (Class I,
Class II, and Class III) and provides for different forms of
regulation for each class. Class I gaming includes "social
games" for minor prizes or "traditional forms of Indian gaming."
Class II gaming is defined to include bingo and card games that
are explicitly authorized by the laws of the state, or that are
not explicitly prohibited by the laws of the state and are
played at any location in the State, so long as the card games
are played in conformity with those laws and regulations. Class
III gaming includes such things as slot machines, casino games
and banked card games such as black jack and baccarat. Class
III gaming may only be conducted under terms of a compact
negotiated between an Indian tribe and a State.
IGRA was enacted against a legal background in which Indian
tribes and individuals generally are exempt from state taxation
within their own territory. IGRA provides that with the
exception of assessments permitted under the statute, to defray
the State's costs of regulating gaming activity, IGRA shall not
be interpreted as conferring upon a State authority to impose
any tax, fee, charge, or other assessment upon an Indian tribe
to engage in Class III activity. Nor may a State refuse to
enter into negotiations based on the lack of authority to impose
such a tax, fee, charge, or other assessment.
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When a tribe requests negotiations for a Class III compact, IGRA
requires the State to negotiate with the Indian tribe in good
faith. IGRA provides a comprehensive process to prevent an
impasse in compact negotiations, which is triggered when a tribe
files suit alleging that the State has refused to negotiate or
has failed to negotiate in good faith.
Before 2000, The California Constitution prohibited Class III
gaming. In 2000, California voters approved Proposition 1A
which had been proposed by the Governor and passed by the
Legislature. Proposition 1A amended the California Constitution
to permit the State to negotiate compacts with federally
recognized Indian tribes for certain Class III gaming
activities. Because non-Indian parties were still forbidden
from operating gaming facilities, Proposition 1A granted Indian
tribes a "constitutionally protected monopoly on most types of
Class III games in California."
Rincon Decision
The U.S. Supreme Court in July 2011 refused to consider the
decision of the Ninth Circuit Court rejecting a Class III
Tribal-State Gaming Compact negotiated by Governor
Schwarzenegger with the Rincon Band of Luiseno Mission Indians.
The issue of this case's impact on Indian gaming throughout the
country has been a topic of great debate.
As noted, IGRA authorizes states to receive compensation for
costs related to tribal gaming such as regulation and gaming
addiction, and to offset the effects of casinos on surrounding
communities. However, states are prohibited from assessing
taxes on tribal casino revenues, so unjustified payments to a
state's General Fund are no longer permissible unless the tribes
are getting something in return for the required payments, such
as those authorized by IGRA.
Another vehicle for state receipt of casino payments above those
payments must be in exchange for some benefit deemed "exclusive"
to the tribe. To this end, it is fact that a number of other
state (Governors) have attempted to create "exclusive grants" in
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favor of compact signatory tribes in return for payments to the
state treasuries.
Rincon challenged the legality of California's "second
generation" compacts pursuant to which the signatory tribes
would be entitled to increase their slot machine count in return
for paying percentages of the new slot machine revenue to the
state's General Fund. 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.
Rincon had refused to sign the amended compact which already had
been executed by several other tribes choosing instead to demand
that it be given the expanded gaming opportunity without making
the new financial concessions. The Ninth Circuit 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 court noted that "the State could rebut the presumption of
bad faith by demonstrating that the revenue demanded was to be
used for the public interest, public safety, criminality,
financial integrity, and adverse economic impacts on existing
activities, but the State's need for general tax revenue was
insufficient to demonstrate good faith."
Prior/Related Legislation
AB 475 (Bigelow, Chapter 8, Statutes of 2015) ratified the
tribal-state gaming compact entered into between the State of
California and Jackson Rancheria Band of Miwuk Indians, executed
on February 1, 2015.
AB 315 (Bigelow, 2015) ratifies the amended and restated
tribal-state gaming compact entered into between the State of
California and the United Auburn Indian Community, executed on
August 14, 2015. (Pending on the Assembly floor)
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
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SUPPORT: (Verified8/31/15)
Agua Caliente Band of Cahuilla Indians
Barona Band of mission Indians
Blue Lake Rancheria Tribe
California Labor Federation
International Association of Bridge, Structural & Ornamental
Iron Workers
Office of the Sheriff Santa Barbara County
Rincon Band of Luiseno Mission Indians
San Manuel Band of Mission Indians
Santa Ynez Band of Chumash Indians
State Building and Construction Trades Council
Sycuan Band of the Kumeyaay Nation
Tribal Alliance of Sovereign Indian Nations
UNITE HERE
United Auburn Indian Community
OPPOSITION: (Verified8/31/15)
None received
Prepared by:Arthur Terzakis / G.O. / (916) 651-1530
9/1/15 20:33:08
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