BILL ANALYSIS Ó
AB 1977
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
1977 (Wood)
As Amended August 9, 2016
2/3 vote. Urgency
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|ASSEMBLY: | |(May 9, 2016) |SENATE: |39-0 |(August 17, |
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(vote not relevant)
Original Committee Reference: HEALTH
SUMMARY: Ratifies the amended tribal-state gaming compact
(Amended Compact) entered into between the State of California
(State) and the Yurok Tribe (Tribe) executed on August 4, 2016.
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.
The Senate amendments delete the Assembly version of this bill,
and instead:
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1)Ratify the First Amendment to the Tribal-State Gaming Compact
between the State of California and the Yurok Tribe (Tribe),
executed on August 4, 2016.
2)The Amended Compact conforms the workers' compensation
provisions of the Tribe's 2006 compact to those of more recent
compacts. All other provisions of the existing compact remain
intact.
3)Provide that, in deference to tribal sovereignty, certain
actions are not deemed projects for purposes of the California
Environmental Quality Act (CEQA); and, stipulate, 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.
4)Contain an urgency clause, allowing this bill to take effect
immediately upon enactment.
EXISTING LAW:
1)Provides, under the Indian Gaming Regulatory Act (IGRA), for
the negotiation and conclusion of compacts between federally
recognized Indian tribes and the State for the purpose of
conducting Class III gaming activities on Indian lands within
a State as a means of promoting tribal economic development,
self-sufficiency, and strong tribal governments.
2)Authorizes expressly a number of tribal-state gaming compacts
between the State of California and specified Indian tribes.
3)Authorizes the conduct of Class III gaming activities to the
extent such activities are permitted by state law, a gaming
compact has been concluded by a federally recognized tribe and
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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 (U.S.) for the benefit of
any Indian tribe, or individual, or held by any Indian tribe
or individual subject to restriction by the U.S. against
alienation and over which an Indian tribe exercises
governmental power.
6)Requires the State to negotiate to conclude a compact in good
faith with an Indian tribe having jurisdiction over the Indian
lands upon which the Class III gaming activity is to be
conducted. Provides the U.S. district courts with
jurisdiction over any cause of action initiated by a tribal
government alleging that the State failed to negotiate in good
faith to conclude a compact. Prescribes the remedy, mediation
supervised by the courts, if it is found that the State failed
to negotiate in good faith to conclude a compact.
7)Authorizes the Governor, under the California Constitution, to
negotiate and conclude compacts, subject to ratification by
the Legislature.
FISCAL EFFECT: Unknown
COMMENTS:
The Amended Compact conforms the workers' compensation
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provisions of the Tribe's existing 2006 compact (SB 106
(Wiggins), Chapter 37, Statutes of 2007) to those of more recent
compacts. All other provisions of the existing 2006 compact
remain intact.
The 2006 compact allowed the Tribe to operate no more than 99
gaming devices (slot machines) and specified that no more than
20 may be operated at an ancillary gaming facility (Pem-Mey Fuel
Mart). The Tribe agreed to pay into the State General Fund an
annual fee, as specified, based on a percentage of its Net Win
from its operation of gaming devices. As long as the Tribe's
membership is at least 4,000 members, it may deduct from the
amount to be paid to the State the payments made pursuant to its
Intergovernmental Agreements with Del Norte County and Humboldt
County. The 2006 compact contained other provisions relating
to: exclusivity; licensing; off-reservation environmental
impacts; intergovernmental agreements; public and workplace
health safety and liability; and labor provisions. The 2006
compact will be in effect until December 31, 2025.
The 2006 compact required the Tribe to participate in the
State's workers' compensation program with respect to employees
employed at the gaming facility. The Governor's office states,
Section 15.1 of the 2006 compact stated that it may be amended
upon written agreement of both parties, This year, the parties
agreed in writing to negotiate relating to amending the 2006
compact's provision regarding mandatory participation in the
state workers' compensation program.
The Governor's office states, that the State and the Tribe share
an interest in creating a framework within which the gaming
facility can operate successfully to generate revenue for
essential government programs for tribal members while also
ensuring that other interests, including an efficient and
effective system to address the appropriate costs arising from
employees who are injured or become sick while performing
work-related duties, are also furthered.
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Brief Overview of the Tribe: The Yurok Tribe is a federally
recognized Indian tribe listed in the Federal Register as the
Yurok Tribe of the Yurok Reservation, California. The Tribe's
reservation lands include parts of Humboldt and Del Norte
Counties, two of the largest land based counties in the state.
The Tribe's current reservation was established in 1988, when
the United States Congress enacted the Hoopa-Yurok Settlement
Act. The Tribe is the largest tribe in the state with over
6,100 tribal members encompassing a reservation of approximately
57,000 acres. The Tribe is a natural resource tribe with
federally reserved rights to the water and fish of the Klamath
River. The Yurok Reservation is located in the most isolated
region of Northwest California, consisting of lands one mile on
each side of the 44-miles of the Klamath River from just above
the confluence of the Trinity River at Weitchpec to the mouth of
the river as it flows into the Pacific Ocean.
The 2006 compact was intended to assist Yurok in addressing the
problems it was facing with high unemployment and poverty rates,
as well as provide for its infrastructure needs relating to
electricity, water, sewage and transportation.
Following the ratification of its 2006 compact, the Tribe opened
the Redwood Hotel Casino, located in Klamath, California in 2014
which consists of two separate entities, the Redwood Holiday Inn
Express and Redwood Casino. The Redwood Holiday Inn Express is
a 60-room hotel complete with exercise room and pool.
Currently, the Redwood Casino currently maintains 96 Class III
machines and includes the Abalone Bar and Grill, a 50-seat
restaurant and sports bar. The development of the Redwood Hotel
Casino is only one part of a broader Master Plan for the Tribe,
which also includes the Yurok Justice Center, the Yurok Visitor
Center, the Klamath Gateway Project, a new wastewater treatment
center, and provisions for increased public safety presence by
Del Norte County deputized Yurok police officers. In addition
to its gaming operation, the Tribe receives $1.1 million
annually from the Revenue Sharing Trust Fund (RSTF). Pursuant
to existing law, any tribe operating under 350 gaming devices is
considered a limited-gaming tribe and is eligible for revenue
payments from the RSTF.
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Provisions of the Amended Compact:
Workers' Compensation: Terms of the 2006 compact provide that:
1) the Tribe agrees to participate in the State's workers'
compensation program with respect to employees at the casino and
all disputes arising from the workers' compensation laws shall
be heard by the State Workers' Compensation Appeals Board
pursuant to the California Labor Code; 2) the Tribe acknowledges
the jurisdiction of the Board and the courts of the State of
California in such manners; 3) 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; and, 4) 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.
The Amended Compact repeals the above-referenced provisions,
recasts them, as defined, and additionally, provides that in
lieu of participation in the State's workers' compensation
system, the Tribe may create and maintain a system through
self-insurance that includes specified provisions, including
hearings before an independent tribunal.
The amendments contained in this Compact conform to more recent
compacts that have been negotiated by the Governor Brown
relating to workers' compensation.
Additional Background Information:
Article IV, section 19, subdivision (e) of the California
Constitution: Permits Indian tribes to conduct and operate slot
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machines, lottery games, and banked and percentage card games on
Indian land if 1) the Governor and an Indian tribe reach
agreement on a compact; 2) the Legislature approves the compact;
and 3) the federal government approves the compact.
Related legislation: AB 629 (Gonzalez) of the current
legislative session. Ratifies the tribal-state gaming compact
entered into between the State and the Pala Band of Mission
Indians, executed on May 6, 2016.
AB 2358 (Gonzalez) of the current legislative session. Ratifies
the tribal-state gaming compact entered into between the State
and the Pechanga Band of Luiseno Indians, executed August 4,
2016.
AB 2915 (Eduardo Garcia) of the current legislative session.
Provides for the ratification of a new Tribal-State gaming
compact between the State and Agua Caliente Band of Cahuilla
Indians, executed on August 4, 2016.
SB 187 (Hall) of the current legislative session. Ratifies the
tribal-state gaming compact entered into between the State and
the Jamul Indian Village, executed August 8, 2016.
SB 1313 (Hall) of the current legislative session. Ratifies the
tribal-state gaming compact entered into between the State and
the Yocha Dehe Wintun Nation, executed on August 4, 2016.
AB 1282 (Gray) of the current legislative session. Ratifies the
tribal-state gaming compact entered into between the State and
the Buena Vista Rancheria of Me-Wuk Indians, executed on June
28, 2016.
AB 1767 (Bigelow) of the current legislative session. Ratifies
the first amendment to the 2015 tribal-state gaming compact
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entered into between the State and the Jackson Rancheria Band of
Miwuk Indians, executed on June 22, 2016.
SB 404 (De León) of the current legislative session. Ratifies
the tribal-state gaming compact entered into between the State
and the Viejas Band of Kumeyaay Indians, executed on June 22,
2016.
AB 291 (Atkins) of the current legislative session. Ratifies
the tribal-state gaming compact entered into between the State
and the Barona Band of Mission Indians, executed on June 22,
2016.
Prior legislation: AB 795 (Atkins), Chapter 520, Statutes of
2015. Ratified the tribal state gaming compact entered into
between the State and the Sycuan Band of Kumeyaay Nation,
executed on September 2, 2015.
AB 1540 (Gray), Chapter 531, Statutes of 2015. Ratified the
tribal-state gaming compact entered into between the State and
the Santa Ynez Band of Chumash Indians, executed on August 26,
2015.
AB 315 (Bigelow), Chapter 512, Statutes of 2015. Ratified the
amended and restated tribal-state gaming compact entered into
between the State and the United Auburn Indian Community,
executed on August 14, 2015.
AB 475 (Bigelow), Chapter 8, Statutes of 2015. Ratified the
tribal-state gaming compact entered into between the State and
Jackson Rancheria Band of Miwuk Indians, executed on February 1,
2015.
SB 1356 (De León), Chapter 314, Statutes of 2014. Ratified the
amendment to the tribal-state gaming compact entered into
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between the State and the Viejas Band of Kumeyaay Indians,
executed on August 12, 2014.
SB 1224 (Correa), Chapter 300, Statutes of 2014. Ratified the
tribal-state gaming compact entered into between the State and
the Karuk Tribe, executed on December 4, 2013.
AB 1245 (V. Manuel Perez), Chapter 462, Statutes of 2013.
Ratified the tribal-state gaming compact entered into between
the State and the Ramona Band of Cahuilla Indians located in
Riverside County, executed on June 10, 2013.
AB 277 (Hall), Chapter 51, Statutes of 2013. Ratified two new
compacts entered into between the State and the following
tribes: North Fork Rancheria, executed on August 31, 2012, and
the Wiyot Tribe, executed on March 20, 2013.
AB 1267 (Hall), Chapter 6, Statutes of 2013. Ratified the
amended tribal-state gaming compact entered into between the
State and the Shingle Springs Band of Miwok Indians, executed on
November 15, 2012.
SB 668 (Fuller), Chapter 67, Statutes of 2013. Ratified the
tribal-state gaming compact entered into between the State and
the Fort Independence Indian Community of Paiute Indians,
executed on February 28, 2013.
AB 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,
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executed on July 25, 2012.
AB 1418 (Hall), Chapter 412, Statutes of 2011. Repealed those
provisions ratifying the tribal-state gaming compact entered
into between the State and Pinoleville Pomo Nation, executed on
March 9, 2009, and instead ratified the tribal-state gaming
compact entered into between the State and the Pinoleville Pomo
Nation, executed on August 8, 2011.
AB 1020 (Chesbro), Chapter 27, Statutes of 2011. Repealed the
ratification of the tribal-state gaming compact entered into
between the State and the Habematolel Pomo of Upper Lake,
executed on September 2, 2009, and instead ratified a new
tribal-state gaming compact entered into between the State and
the Habematolel Pomo of Upper Lake, executed on March 17, 2011.
SB 89 (Budget and Fiscal Review Committee), Chapter 1, Statutes
of 2010. Ratified the tribal-state gaming compact entered into
between the State and the Habematolel Pomo of Upper Lake,
executed on September 2, 2009.
AB 122 (Coto), Chapter 3, Statutes of 2010. Ratified the
tribal-state gaming compact entered into between the State and
the Pinoleville Pomo Nation, executed on March 10, 2009.
AB 3072 (Price), Chapter 334, Statutes of 2008. Ratified the
first amendment to a tribal-state gaming compact entered into
between the State and the Shingle Springs Band of Miwok Indians,
executed on June 30, 2008.
SB 106 (Wiggins), Chapter 37, Statutes of 2007. Ratified a new
compact between the State and the Yurok Tribe of the Yurok
Reservation.
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SB 174 (Ducheny), Chapter 38, Statutes of 2007. Ratified the
first compact amendment to the compact between the State and
Sycuan.
SB 175 (Ducheny), Chapter 39, Statutes of 2007. Ratified the
first compact amendment to the compact between the State and
Morongo.
SB 903 (Padilla), Chapter 40, Statutes of 2007. Ratified the
first compact amendment to the compact between the State and
Pechanga.
SB 941 (Padilla), Chapter 226, Statutes of 2007. Ratified the
first compact amendment to the compact between the State and San
Manuel.
SB 957 (Torlakson), Chapter 41, Statutes of 2007. Ratified the
first compact amendment to the compact between the State and
Agua Caliente.
SB 470 (Ducheny), Chapter 527, Statutes of 2006. Ratified the
first amendment to the compact between the State and the Quechan
Tribe of the Fort Yuma Reservation.
SB 1117 (Burton), Chapter 856, Statutes of 2004. Ratified two
new and two amended compacts entered into between the State and
the following tribes: Coyote Valley Band of Pomo Indians (new
compact); Fort Mojave Indian Tribe (new compact); Buena Vista
Rancheria of Me-Wuk Indians (amended compact); and, Ewiiaapaayp
Band of Kumeyaay Indians (amended compact).
AB 687 (Núñez), Chapter 91, Statutes of 2004. Ratified
amendments to five compacts entered into between the State and
the following tribes: Pala Band of Mission Indians; Pauma Band
of Luiseno Mission Indians of the Pauma and Yuima Reservation;
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Rumsey Band of Wintun Indians; United Auburn Indian Communities;
and, Viejas Group of Kumeyaay Indians.
SB 930 (Burton), Chapter 802, Statutes of 2003. Ratified a
compact between the State and the Torres-Martinez Desert
Cahuilla Indians.
SB 411 (Ducheny), Chapter 790, Statutes of 2003. Ratified
compacts between the State and the La Posta Band of Diegueno
Mission Indians and the Santa Ysabel Band of Diegueno Mission
Indians in San Diego County.
Proposition 1A, adopted by the people of California on March 7,
2000. Modified the prohibition against casinos and lotteries in
the California Constitution to authorize the Governor to
negotiate compacts, subject to legislative ratification, for the
operation of slot machines, lottery games, and banking and
percentage card games by federally recognized Indian tribes on
Indian lands in California, in accordance with federal law.
Authorized slot machines, lottery games, and banking and
percentage card games to be conducted and operated on Indian
lands subject to the compacts.
AB 1385 (Battin), Chapter 874, Statutes of 1999. Designated the
Governor as the state officer responsible for negotiating and
executing compacts between the State and federally recognized
Indian tribes located in the State. Also, ratified 57 compacts
and created two special funds in the State Treasury (SDF and
RSTF), as specified.
SB 287 (Burton), Chapter 409, Statutes of 1998. Ratified 11
compacts negotiated between the State and Indian tribes that
permitted class III video gaming devices on tribal lands and
established a process for ratifying other compacts.
Analysis Prepared by:
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Eric Johnson / G.O. / (916) 319-2531 FN:
0004505