BILL ANALYSIS
SB 89
Page 1
( Without Reference to File )
ASSEMBLY THIRD READING
SB 89 (Committee on Budget and Fiscal Review)
As Amended December 10, 2009
2/3 vote. Urgency
GOVERNMENTAL ORGANIZATION
(vote not
available)
SUMMARY : Tribal-state gaming compact between the State of
California and the Habematolel Pomo of Upper Lake, executed on
September 2, 2009. Specifically, this bill :
1)Establishes findings and declarations to determine that:
a) The terms of the tribal-state gaming compacts ratified
by this act apply only to the State of California and the
tribes that have signed them, and the terms of the compacts
ratified by this act do not bind any other tribe; and,
b) The Legislature acknowledges the right of federally
recognized tribes to exercise their sovereignty to
negotiate and enter into compacts with the state that are
materially different from the compact ratified between the
State of California and the Habematolel Pomo of Upper Lake.
2)Ratifies the tribal-state gaming compact entered into
accordance with the Indian Gaming Regulatory Act of 1988
between the State of California and the Habematolel Pomo of
Upper Lake, executed on September 2, 2009.
3)Makes relating technical amendments.
4)Adds an urgency clause.
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
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a state as a means of promoting tribal economic development,
self-sufficiency, and strong tribal governments.
2)Authorizes the conduct of class III gaming activities to the
extent such activities are permitted by state law, a gaming
compact has been concluded by a federally recognized tribe and
the state, and the compact has been approved by the Secretary
of the Interior.
3)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.
4)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 United States against
alienation and over which an Indian tribe exercises
governmental power.
5)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 United States 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.
6)Authorizes the Governor, under the California Constitution, to
negotiate and conclude compacts, subject to ratification by
the Legislature . To date, 68 compacts have been ratified.
FISCAL EFFECT: Unknown
COMMENTS : The Habematolel Pomo of Upper Lake is a federally
recognized tribe of Pomo Indians in Lake County, California.
The Tribe's reservation, the Upper Lake Rancheria, is 119 acres
and located near the town of Upper Lake in northwestern
California. The Tribe has 204 enrolled members. The
Habematolel Pomo are governed by an elected, seven-member tribal
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council.
The Habematolel Pomo operate their own housing, environmental,
and educational programs, including computer classes and GED
preparation. The Tribe has been able to purchase land on its
traditional territory, near the historical tribe village of
Maiyi.
On September 2, 2009, the Governor and the Habematolel Pomo of
Upper Lake signed a tribal-state gaming compact. According to
the Governor's Office," the compact follows a similar blueprint
of the compacts Governor Schwarzenegger has previously
negotiated in that it provides important benefits to the state,
protects both employees and patrons, and provides for
environmental protections." Under the terms of the compact, the
Tribe may engage in Class III Gaming only on eligible Indian
lands at a single Gaming Facility located within the boundaries
of an 11.24-acre parcel, as the boundaries exist as of the
execution date of the Compact.
The compact will run through December 31, 2030 and allow a
maximum of 750 slot machines at one gaming facility. Under the
terms of the compact, the Tribe will share 15 percent of annual
net win revenues with the state. The non-monetary aspects of
the compact are similar to recent compacts. i.e., to enter into
arrangements to mitigate to the extent practicable the
off-reservation environmental impacts of its gaming facility on
local communities and local governments, and to offer worker and
consumer protections.
This compact is intended to assist the Habematolel Pomo of Upper
Lake in restoring its tribal land base, improve the Tribe's
socio-economic status, assist in economic self-sufficiency and
to promote the stability and security of the Tribe and families.
Related legislation : AB 1576 (Chesbro), amended September 10,
2009, ratifies the tribal-state gaming compact negotiated
between the State of California and the Habematolel Pomo of
Upper Lake, executed on September 2, 2009. Currently, this bill
is on the Senate Floor.
AB 122 (Coto), amended September 10, 2009, ratifies the
tribal-state gaming compact negotiated between the State of
California and the Pinoleville Pomo Nation, executed on March
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23, 2009. This bill passed the Senate 30-4 on December 18, 2009
and it is in the Assembly on concurrence.
Analysis Prepared by : Rod Brewer / G. O. / (916) 319-2531
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