BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   THIRD READING 


          Bill No:  AB 2915
          Author:   Eduardo Garcia (D), et al. 
          Introduced:8/16/16 in Senate
          Vote:     27 - Urgency 

           PRIOR VOTES NOT RELEVANT

           NOTE:  On August 9, 2016, the Senate Committee on Governmental  
                 Organization held an informational hearing on the tribal  
                 gaming compact entered into between the State of  
                 California and the Agua Caliente Band of Cahuilla  
                 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  
          Agua Caliente Band of Cahuilla Indians (hereafter "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.


          ANALYSIS:  










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          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  
            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  







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            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 Agua Caliente Band of Cahuilla Indians  
          executed on August 4, 2016 and supersedes the Tribe's 2006  
          amended compact.  Under this Compact, the Tribe may operate a  
          maximum of 5,000 gaming devices (slot machines) on eligible  
          Indian lands held in trust for the Tribe, and located within the  
          boundaries of the Tribe's Reservation in Riverside County, as  
          legally described in the Compact (Appendix A).


          The Tribe's 2006 amended compact authorized Agua Caliente to  
          operate up to 2,000 gaming devices at its Palm Springs casino,  
          2,000 gaming devices at its Rancho Mirage casino, and 1,000  
          gaming devices at any new third gaming facility in Riverside  
          County for a total of 5,000 devices.  The Tribe's 2006 amended  
          compact required an annual flat payment of $23.4 million to the  
          State's general fund for the duration of the compact, plus an  
          annual payment of 15% of the net win generated from the  
          operation of all additional gaming devices over the existing  
          2,000 devices.  The Tribe's 2006 amended compact also required  
          annual $2 million payments into the Revenue Sharing Trust Fund  
          (RSTF).  In addition, the 2006 amended compact required the  
          Tribe to maintain its existing licenses, which included a  
          fee-per-machine totaling approximately $550,000 per year.


          With respect to this Compact, the Tribe has agreed to pay the  
          State its pro rata share of costs the State incurs for the  
          performance of its duties under the Compact.  The Tribe has also  
          agreed to make payments into the RSTF and the Tribal Nation  
          Grant Fund (TNGF) that are based on a percentage of net win  
          generated from gaming devices - the percentage increases as the  
          number of slots increases.  Specifically, the tribe will pay 6%  
          of net win on devices up to 2,500; 7% on devices between 2,501  
          and 3,000; 8% on devices between 3,001 and 3,500; 9% on devices  







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          between 3,501 and 4,000; 10% on devices between 4,001 and 4,500;  
          and, up to 11% on devices between 4,501 and 5,000.  


          This Compact also provides that from its payments to the RSTF  
          and the TNGF, the Tribe may take credits of up to 60% for  
          infrastructure improvements that in part benefit county or local  
          jurisdiction residents, as well as those of the Tribe, fire, law  
          enforcement, public transit, education, tourism and other  
          services including investments in renewable energy projects and  
          payments to support capital improvements and operating expenses  
          for facilities within California that provide health care  
          services to tribal members, Indians, and non-Indians.  


          Furthermore, this Compact: (1) provides a regulatory framework  
          that respects the role of the tribal gaming agency as the  
          primary regulator while also ensuring that state gaming  
          regulators fulfill their responsibilities; (2) requires the  
          Tribe to conduct its gaming activities pursuant to an internal  
          control system that implements minimum internal controls that  
          are no less stringent than those in federal regulations; (3)  
          requires the Tribe to adopt a Tribal Labor Relations Ordinance,  
          as specified; and, (4) includes patron dispute, tort claims and  
          employment discrimination provisions.  


          BRIEF HISTORY OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS


          According to information provided by the Tribe, the Agua  
          Caliente Band of Cahuilla Indians is a federally recognized  
          Indian tribe located in the Coachella Valley within Riverside  
          County.  The tribal headquarters are located in Palm Springs,  
          which derives its name from the ancient hot mineral springs  
          located in downtown Palm Springs on the Tribe's reservation.   
          The Tribe's reservation covers approximately 32,000 acres of the  
          Coachella Valley in a "checker-board" pattern, and was created  
          by Presidential Executive Orders in the late 1870's and spans  
          large portions of the cities of Palm Springs, Rancho Mirage, and  
          Cathedral City.  The Tribe is governed by a five-member Tribal  
          Council pursuant to the Tribe's Constitution and Bylaws, which  
          was adopted and approved by the Tribe and the federal government  
          in June of 1955.  The Tribe has approximately 500 members.  The  







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          tribal government provides a wide array of services and benefits  
          to tribal members related to healthcare, education, cultural  
          preservation, and general welfare.  The capacity of the Tribe to  
          provide for its members and strengthen the tribal government has  
          greatly increased since the establishment of tribal gaming.  The  
          Tribe previously entered into a tribal-state gaming compact with  
          the State in 1999 - that compact was amended in 2006.


          With approximately 2,500 team members working within gaming and  
          non-gaming tribal economic development ventures, the Tribe is  
          one of the largest employers in the Coachella Valley.  The Tribe  
          currently operates two casinos, two golf courses, multiple  
          restaurants, an entertainment venue, and also manages its real  
          estate holdings, which include numerous leases of reservation  
          lands for commercial and residential development and other  
          purposes.  The Tribe also operates the Indian Canyons and  
          Tahquitz Canyon located on the Tribe's reservation.  These  
          recreational areas located on Cahuilla ancestral lands are open  
          to the public and offer over 60 miles of hiking trails and other  
          activities so that all may enjoy the beauty of natural springs,  
          native palm groves, wildlife, and multiple waterfalls. Tribal  
          government departments, including but not limited to Economic  
          Development, Planning and Natural Resources, Tribal Historic  
          Preservation, and Emergency Services, closely partner with other  
          local governments and communities on infrastructure issues, as  
          well as other projects and initiatives to address shared  
          concerns.


          The Tribe is a major contributor to local public and nonprofit  
          organizations and government agencies located within and outside  
          of the reservation in the cities of Palm Springs, Rancho Mirage,  
          Cathedral City, and in areas throughout the Coachella Valley and  
          beyond.  The Tribe recently established the Richard M.  
          Milanovich Fellowship to provide funding for Native American  
          students who are members of any federally recognized Indian  
          tribe so that they may study, live and work in Washington D.C.  
          through the George Washington University's Native American  
          Political Leadership Program.


          KEY COMPONENTS OF THE COMPACT








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          Scope of Class III Gaming Authorized.  The Tribe is authorized  
          to operate up to a total of 5,000 gaming devices (slot  
          machines); banking or percentage card games; 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; and, off-track  
          wagering on horse races at a satellite wagering facility  
          pursuant to certain requirements identified in Appendix D.  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 six gaming facilities [only two of which may have  
          more than 500 gaming devices] and engage in Class III Gaming  
          only on eligible Indian lands held in trust for the Tribe,  
          located within the boundaries of the Tribe's reservation and  
          trust lands as those boundaries exist as of the execution date  
          of this Compact, as legally described in the Compact (Appendix  
          A).  


          Exclusivity.  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)  
          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 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.







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          Payments to the Special Distribution Fund (SDF).  The Tribe  
          shall pay to the State, on a pro rata basis, the costs the State  
          incurs for the performance of all its duties under this Compact,  
          as established by the monies appropriated in the annual Budget  
          Act for the performance of their duties under the Class III  
          Gaming Compacts each fiscal year for the California Gambling  
          Control Commission (CGCC), the California Department of Justice,  
          the Office of the Governor, the California Department of Public  
          Health Programs, Office of Problem Gambling, the State  
          Controller, the Department of Human Resources, and the Financial  
          Information System for California, or any agency or agencies the  
          State designates as a successor to them.  The Tribe's pro rata  
          share of the State's costs in any given year this Compact is in  
          effect may not be increased more than 5% per year and 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 State fiscal year,  
          multiplied by the Appropriation, equals the Tribe's pro rata  
          share." 


          Payments to the RSTF and the TNGF.  The Tribe shall make  
          payments, which shall be used exclusively for the RSTF and the  
          TNGF, based on the following schedule:

           ---------------------------------------------- 
          |Gaming Devices in      |Percentage of Gaming  |
          |Operation              |Devices' Net Win      |
          |-----------------------+----------------------|
          |                       |                      |
          |350 but less than      |Six percent (6%)      |
          |2,501                  |                      |
          |-----------------------+----------------------|
          |                       |                      |
          |2,500 but less than    |Seven percent (7%)    |
          |3,001                  |                      |
          |-----------------------+----------------------|
          |                       |                      |
          |3,000 but less than    |Eight percent (8%)    |







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          |3,501                  |                      |
          |-----------------------+----------------------|
          |                       |                      |
          |3,500 but less than    |Nine percent (9%)     |
          |4,001                  |                      |
          |-----------------------+----------------------|
          |                       |                      |
          |4,000 but less than    |Ten percent (10%)     |
          |4,501                  |                      |
          |-----------------------+----------------------|
          |                       |                      |
          |4,500 but less than    |Eleven percent (11%)  |
          |5,001                  |                      |
           ---------------------------------------------- 


          "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  
          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 annual credits for up to 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, local jurisdictions, or  
            non-profit and civic organizations operating facilities or  
            providing services within the County for fire, law  
            enforcement, public transit, education, tourism, and other  
            services and infrastructure improvements intended to serve  
            off-reservation needs of County or local jurisdiction  
            residents as well as those of the Tribe;


          2)Non-gaming related capital investments and economic  
            development or other projects by the Tribe that provide mutual  
            benefits to the Tribe and the State, the County or local  
            jurisdictions because, for instance, they have particular  
            cultural, social or environmental value, or diversify the  
            sources of revenue for the Tribe's general fund; 







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          3)Payments to support operating expenses and capital  
            improvements for non-tribal governmental agencies or  
            facilities operating within the County or local jurisdictions;


          4)Investments in, and any funds paid to the State, including  
            excise taxes, 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;


          5)Payments to support capital improvements and operating  
            expenses for facilities within California that provide health  
            care services to tribal members, Indians, and non-Indians; 


          6)Costs incurred by the Tribe to fund the construction and  
            operation of a museum or to preserve cultural resources within  
            the County; 


          7)Payments to Indians who are not members of the Tribe for  
            educational, healthcare, general welfare, or vocational  
            purposes, or to other federally-recognized tribes for  
            governmental or general welfare purposes; and,


          8)Payments by the Tribe to reimburse the County for any loss of  
            property tax revenues, sales tax revenue that would otherwise  
            be due for retail sales at the Tribe's gaming facility or  
            transient occupancy tax at the Tribe's hotel, if it was not  
            located on Indian lands.  


            All excess authorized credits that cannot be applied in any  
            one year because they would exceed the 60% may be applied as  
            an annual credit in all following years that this Compact is  
            in effect, in the same percentages, until completely  
            exhausted.  








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         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: (1) calculation of the  
         average number of gaming devices operated each day and (2) the  
         total amount due the SDF and the RSTF/TNGF.


         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  
          conduct its gaming activities pursuant to an internal control  
          system that implements MICS that are no less stringent than  
          those contained in the MICS of the federal NIGC standards, as  
          specified. It requires gaming to operate pursuant to a written  
          internal control system that reasonably assures that assets are  
          safeguarded and accountability over assets is maintained;  
          liabilities are properly recorded and contingent liabilities are  







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          properly disclosed; financial records are accurate and reliable;  
          transactions are performed in accordance with the Tribal Gaming  
          Agency's authorization; access to assets is permitted only in  
          accordance with the Tribal Gaming Agency's approved procedures;  
          recorded accountability for assets is compared with actual  
          assets; and, functions, duties and responsibilities are  
          appropriately segregated and performed by qualified personnel.   
          The Tribe is required to provide the CGCC, upon written request,  
          a copy of the independent certified public accountant  
          agreed-upon procedures report conducted annually for submission  
          to the NIGC pursuant to federal law.  This report verifies that  
          the gaming operation is in compliance with the NIGC's MICS.


        Patron Disputes.  Requires the Tribe (through its Tribal Gaming  
          Agency) to 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 within 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 either in the Tribe's tribal court system, once  
          a tribal court system is established, or through binding  
          arbitration.  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 Tribe's tribal court may, at  
          the party's election, 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 connection with the jurisdiction of the  
          tribal court system and JAMS arbitrator's jurisdiction and in  
          any action to enforce their judgments or the obligations  
          provided in this section.


        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.  Also, requires  
          the Tribe to adopt a Tort Liability Ordinance containing  







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          provisions that are the same as California tort law to govern  
          all claims of bodily injury, personal injury, or property damage  
          arising out of, connected with, or relating to the casino.  The  
          Tribe must consent to jurisdiction in the Tribe's tribal court  
          system, once a tribal court system is established, or by binding  
          arbitration before a JAMS operator, in accordance with JAMS  
          Comprehensive Arbitration.  Any party dissatisfied with the  
          award of the arbitrator may invoke the JAMS Optional Arbitration  
          Appeal Procedure.  The cost and expenses of arbitration shall be  
          initially borne equally by the parties but the JAMS arbitrator  
          shall award to the prevailing party its costs and expenses (but  
          no attorney fees).  The Tribe consents to the jurisdiction of  
          the tribal court and the arbitrator's jurisdiction, the JAMS  
          Optional Appeal Procedure and any action to enforce their  
          judgments or the obligations in this section.


        Environmental Protections.  Requires the Tribe to prepare a  
          Tribal Environmental Impact Report (TEIR) and negotiate  
          mitigation of any off-reservation impacts, including an  
          evaluation of energy consumption, prior to initiating the  
          development of a Project for a facility.  The Compact provides  
          procedures regarding the (1) Notice of Preparation of Draft  
          TEIR, (2) Notice of Completion of Draft TEIR, and (3) Issuance  
          of Final TEIR.  The Tribe's failure to prepare an adequate TEIR  
          when required may warrant an injunction where appropriate.   
          Before commencement of a Project, and no later than the issuance  
          of the final TEIR, the Tribe shall negotiate an  
          intergovernmental agreement with the California Department of  
          Transportation (Caltrans) if state roads are impacted.  A  
          completed TEIR must be filed with the County, the Department of  
          Justice, the CGCC, and the State Clearinghouse.  Also, before  
          commencement of a Project, and no later than the issuance of the  
          final TEIR, the Tribe shall offer to commence negotiations with  
          the County to, amongst other things, provide for the timely  
          mitigation of any significant effect on the off-reservation  
          environment including provisions relating to compensation for  
          law enforcement, fire protection, emergency medical services and  
          any other public services to be provided by the County to the  
          Tribe as a consequence of the Project. 


        Enhanced Audit and Compliance Review Procedures.  In addition to  
          providing for an annual independent audit, the Compact allows  







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          the state to conduct its own annual audit and compact compliance  
          review.


        Inspection and Testing of Slot Machines.   Provides that slot  
          machines will have to be tested, approved and certified by an  
          independent gaming test laboratory or state governmental gaming  
          test laboratory to ensure they are being operated according to  
          specified technical standards.  Also, requires the Tribal Gaming  
          Agency to maintain adequate records that demonstrate compliance  
          with software and hardware specifications. The State Gaming  
          Agency would be authorized to annually conduct up to four random  
          inspections of slot machines in operation to confirm that the  
          slot machines are operating in conformance with these standards.


        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 State Gaming Agency regulations, and the  
          tribal gaming ordinance with respect to gaming operation and  
          facility compliance, and to protect the integrity of the gaming  
          activities, the reputation of the Tribe and the gaming operation  
          for honesty and fairness, and the confidence of patrons that  
          tribal government gaming in California meets the highest  
          standards of regulation and internal controls.  To meet those  
          responsibilities, the tribal gaming agency shall adopt and  
          enforce regulations, procedures, and practices.


        Labor Provisions.   Rather than requiring side agreements between  
          the Tribe and labor organizations, this Compact incorporates  
          provisions of a Tribal Labor Relations Ordinance (TLRO) first  
          incorporated into the compact with the Santa Ynez Band of  
          Chumash Indians in 2015 and reflects significant changes from  
          the Tribe's 1999 TRLO.  The Compact provides that the gaming  
          activities authorized by this Compact may only commence after  
          the Tribe has adopted an ordinance identical to the 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.  








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        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.  In lieu of participation in the State's  
          system, the Tribe may create and maintain a system through  
          self-insurance, which includes specified provisions, including  
          hearings before an independent tribunal.  Furthermore, the Tribe  
          agrees that it will participate in the State's unemployment  
          compensation program for providing benefits and unemployment  
          compensation disability benefits to employees at the casino.   
          The Tribe shall withhold all taxes due to the State, except for  
          Tribal members living on the Tribe's reservation, and forward  
          such amounts to the State.  


         Prohibitions Regarding Minors.  Provides that the Tribe shall  
          prohibit persons under the age of 18 years from being present in  
          any room or area in which gaming activities are being conducted  
          unless the person is en route to a non-gaming area of the gaming  
          facility, or is employed at the gaming facility in a capacity  
          other than as a gaming employee.


        Alcohol Provision.  Makes it explicit that the purchase, sale,  
          and service of alcoholic beverages shall be subject to state law  
          - the Alcoholic Beverage Control (ABC) Act.


        Tobacco Provisions.  Provides that the Tribe agrees to provide a  
          non-smoking area in the gaming facility and to maintain  
          ventilation, filtration, purification or other technologies  
          throughout the gaming facility, where reasonably feasible after  
          consideration of engineering, economic and scientific factors,  
          and further agrees not to offer or sell tobacco products,  
          including but not limited to smokeless tobacco products or  
          e-cigarettes, to anyone younger than the minimum age specified  
          in state law to legally purchase tobacco products. 


        Problem Gambling.  Requires the Tribe to continue to maintain  







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          safeguards against problem gambling by implementing specified  
          safeguards. 


        Health and Safety Standards.  Provides that the Tribe has agreed  
          to adopt and comply with health standards for food and beverage  
          handling that is no less stringent than State public health  
          standards.  Also, the Tribe has agreed to comply with federal  
          water quality and safe drinking water standards applicable in  
          California.  The Tribe must also adopt and comply with federal  
          and state laws forbidding harassment, including sexual  
          harassment, discrimination and retaliation.  Furthermore, the  
          Tribe must maintain a $3 million insurance policy for these  
          purposes and adopt an ordinance that includes a dispute  
          resolution process. 


        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 or has  
          already adopted, and shall maintain throughout the term of this  
          Compact, an ordinance that requires any covered gaming facility  
          construction to meet or exceed the applicable codes.  Gaming  
          facility construction, expansion, improvement, modification or  
          renovation must also comply with the federal Americans with  
          Disabilities Act. 


        Emergency Services Accessibility and Possession of Firearms.   
          Requires the Tribe to 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. 


        Horse Racing Satellite Wagering Facility.  As noted above, under  
          the heading "Scope of Class III Gaming Authorized," the compact  
          contains an appendix (Appendix D) which authorizes the Tribe to  
          establish and operate no more than two horse racing satellite  
          wagering facilities upon the Tribe's Reservation.  Specifically,  
          the Tribe must submit to the California Horse Racing Board  







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          (CHRB) an application to operate such a facility and each  
          facility must be operated in conformity with IGRA, the Appendix,  
          and this Compact.  If provisions of the Compact are in conflict  
          with California Horse Racing Law or the CHRB's Rules and  
          Regulations specific to the conduct of satellite wagering,  
          California Horse Racing Law and the CHRB's Rules and Regulations  
          shall control.  The amounts deducted from pari-mutuel wagers at  
          each facility, and the distribution of such amounts, shall be  
          the same as those provided for under the California Horse Racing  
          Law and the CHRB's Rules and Regulations for satellite wagering  
          facilities, other than fairs, in the southern zone.


        Effective Date.   Provides that this Compact shall not be  
          effective unless and until all of the following have occurred:  
          (1) The Compact is ratified by statute in accordance with state  
          law and (2) Notice of approval or constructive approval is  
          published in the Federal Register.  Once effective, this Compact  
          shall be in full force and effect for 25 years following the  
          effective date.


        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, 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 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."







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          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.


          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  







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          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 of Appeals rejecting a Class  
          III Tribal-State Gaming Compact negotiated by then 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.  


          Any payments to the State, above those needed to mitigate  
          impacts of gaming must be in exchange for a benefit deemed  
          "exclusive" to the tribe. 


          The Rincon Band 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 refused to sign the amended compact which had already  
          been executed by several other tribes choosing instead to demand  
          that it be given the expanded gaming opportunity without making  







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          the new financial concessions.  The Ninth Circuit Court of  
          Appeals 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." 


          Special Distribution Fund (SDF)


          Existing law creates the SDF in the State Treasury for the  
          receipt of revenue contributions made by tribal governments  
          pursuant to the terms of the 1999 model Tribal-State Gaming  
          Compacts and authorizes the Legislature to appropriate money  
          from the SDF for the following purposes:  (1) grants for  
          programs designed to address gambling addiction; (2) grants for  
          the support of state and local government agencies impacted by  
          tribal government gaming; (3) compensation for regulatory costs  
          incurred by the California Gambling Control Commission (CGCC)  
          and the Department of Justice (DOJ) in connection with the  
          implementation and administration of compacts; (4) payment of  
          shortfalls that may occur in the RSTF; (5) disbursements for the  
          purpose of implementing the terms of tribal labor relations  
          ordinances promulgated in accordance with the terms of the 1999  
          compacts; and, (6) any other purpose specified by law.   
          (Pursuant to compact renegotiations that took place with several  
          of the larger gaming tribes during the Schwarzenegger  
          administration, revenue from those tribes is directed into the  
          state General Fund, instead of the SDF.)


          The law establishes a method of calculating the distribution of  
          appropriations from the SDF for grants to local government  
          agencies impacted by tribal gaming.  This method includes a  
          requirement that the State Controller, in consultation with the  







                                                                    AB 2915  
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          CGCC, deposit funds into County Tribal Casino Accounts and  
          Individual Tribal Casino Accounts based upon a process that  
          takes into consideration whether the county has tribes that pay,  
          or do not pay, into the SDF.  The distribution formula "sunsets"  
          on January 1, 2021.


          Existing law also establishes an Indian Gaming Local Community  
          Benefit Committee in each county in which gaming is conducted,  
          specifies the composition and responsibilities of that  
          committee, and requires that committee to make the selection of  
          grants from the casino accounts.  Among other things, the  
          committee is responsible for establishing all application  
          policies and procedures for grants from the casino accounts.  
          Additionally, existing law requires the State Auditor to conduct  
          an audit every three years and report its findings to the  
          Legislature regarding the allocation and use of SDF grant  
          monies.


          Revenue Sharing Trust Fund (RSTF)


          Existing law creates in the State Treasury the RSTF for the  
          receipt and deposit of moneys derived from gaming device license  
          fees that are paid into the RSTF pursuant to the terms of  
          specified tribal-state gaming compacts for the purpose of making  
          distributions to non-compacted California tribes (e.g.,  
          federally-recognized non-gaming tribes and tribes that operate  
          casinos with fewer than 350 slot machines).  Revenue in the RSTF  
          is available to CGCC, upon appropriation by the Legislature, for  
          making distributions of $1.1 million annually to non-compact  
          tribes.  The RSTF was created as part of the 1999 compacts,  
          which, in conjunction with the passage of Proposition 1A,  
          created gaming compacts with approximately 60 California tribes.  
           Non-compact tribes are considered third-party beneficiaries of  
          the 1999 compacts.


          Tribal Nation Grant Fund (TNGF)


          This particular fund (referenced in recent compacts) was created  
          to complement the RSTF and provides for the distribution of  







                                                                    AB 2915  
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          funds to non-gaming tribes, upon application of such tribes for  
          purposes related to effective self-governance, self-determined  
          community, and economic development.  Payments from this fund  
          are intended to be made to non-gaming tribes on a "need" basis,  
          upon application.


          Prior Legislation


          AB 795 (Atkins, Chapter 520, Statutes of 2015) ratified the  
          tribal-state gaming compact entered into between the State of  
          California 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 of  
          California 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 of California 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 of  
          California and Jackson Rancheria Band of Miwuk Indians, executed  
          on February 1, 2015.


          SB 1356 (De León, Chapter 314, Statutes of 2014) ratified the  
          amendment to the tribal-state gaming compact entered into  
          between the State 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 2915  
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          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified8/16/16)


          Agua Caliente Band of Cahuilla Indians
          Barona Band of Mission Indians
          California Labor Federation
          California Tribal Business Alliance
          City of Cathedral City
          City of Palm Springs
          City of Rancho Mirage
          Pechanga Band of Luiseno Indians
          Teamsters
          UNITE HERE, AFL-CIO
          Viejas Band of Kumeyaay Indians


          OPPOSITION:   (Verified8/16/16)


          None received


          Prepared by:Arthur Terzakis / G.O. / (916) 651-1530
          8/18/16 15:42:35


                                   ****  END  ****