BILL ANALYSIS �
SB 1224
Page 1
SENATE THIRD READING
SB 1224 (Correa)
As Amended April 7, 2014
2/3 vote. Urgency
SENATE VOTE :28-4
SUMMARY : Ratifies the tribal-state gaming compact (Compact)
between the State of California and the Karuk Tribe (Tribe)
executed on December 4, 2013, and allows the operation of up to
1,500 gaming devices at a single facility to be constructed on
specified tribal trust property in Yreka, California; provides
that, in deference to tribal sovereignty, certain actions are
not deemed projects for purposes of the California Environmental
Quality Act (CEQA); once effective (legislative ratification and
federal approval required), this Compact will be in full force
and effect for state law purposes until December 31, 2034; and
contains an urgency clause, allowing this bill to take effect
immediately upon enactment.
EXISTING LAW :
1)Provides, under the federal 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.
Existing law expressly authorizes a number of tribal-state
gaming compacts between the State and specified Indian tribes.
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, under IGRA, the operation of Class III gaming
activities to Indian lands acquired on or before October 17,
1988. Existing law also provides for certain exceptions to
conduct gaming activities on Indian lands acquired after
October 17, 1988.
4)Defines, under IGRA, Indian lands to mean all lands within the
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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, under IGRA, 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. Existing law also 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.
Furthermore, existing law 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.
FISCAL EFFECT : Unknown
COMMENTS : On August 11, 2014, the Assembly Governmental
Organization Committee held an informational hearing on the
tribal-state compact between the State of California and the
Karuk Tribe.
Compact Summary: The Tribal-State Gaming Compact between the
State of California and the Tribe, which has lands located in
Siskiyou and Humboldt Counties, was executed on December 4,
2013. The Compact authorizes the Tribe to operate a maximum of
1,500 slot machines at a single facility to be constructed on
specified tribal trust property in Yreka, California. The Tribe
has agreed to pay the State its pro rata share of the costs the
State incurs for the performance of its duties under the Compact
as well as 10% of the casino's net win, if it operates more than
350 slot machines, to be shared with tribes that are not gaming
or that otherwise are not substantially benefiting from gaming.
The Compact includes provisions to protect employees and patrons
as well as measures to protect the environment during the
construction and operation of the gaming facility.
Furthermore, the Compact provides for the regulation of gaming
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and slot machines in a manner similar to other compacts entered
into by the State and provides for an annual independent audit
and allows the State to conduct its own audit. Once effective
(legislative ratification and federal approval required), this
Compact will be in full force and effect for state law purposes
until December 31, 2034.
Brief History and Background: As early as 1852, the Tribe was a
federally recognized tribe as evidenced by a treaty with the
United States and subsequent government-to-government
interactions. However, for the three decades spanning the late
1940's through the late 1970's the Tribe lost its
government-to-government relationship with the federal
government by virtue of administrative termination. In 1978,
the Department of the Interior undertook a comprehensive review
of the Tribe's situation and a year later added the Tribe to the
list of federally recognized tribes.
The Tribe did not receive equitable or legal title to any
aboriginal or ancestral lands to allow for social and economic
development and in 1987 began purchasing lands (approximately
200 acres) within Yreka to provide for housing, economic
development and other tribal purposes for its members. Those
lands were subsequently accepted into trust for the Tribe by the
United States Secretary of the Department of the Interior and in
2012 the National Indian Gaming Commission identified the 200
acres held in trust for the Karuk Tribe as "restored lands" and
eligible under IGRA for gaming purposes.
Today, the Karuk Tribe of California is comprised of three
communities located in Orleans, Happy Camp, and Yreka. As per
the Compact's preamble, the Karuk people are the second largest
tribe in California with approximately 3,700 tribal members
located in one of the most economically depressed regions of the
State.
The Tribe has successfully developed housing divisions, health
clinics and Head Start programs in Orleans, Happy Camp, and
Yreka, its three major population centers, and currently employs
over 100 individuals in various administrative, educational,
energy assistance, housing, child welfare, natural resources
and economic development programs.
The Tribe intends to develop its casino project in two phases.
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Phase 1 consists of a 36,497 square-foot gaming facility in
Yreka with a 13,800 square-foot gaming floor comprising
approximately 500 gaming machines and 8 table games, a 100-seat
restaurant, and on-site parking. Phase 2 will add an 80-room
hotel, more parking, an additional 20,000 square-feet of gaming
space along with 300 gaming machines and 8 table games. The
project is expected to create 350 jobs in Siskiyou County which
suffers an unemployment rate of over 10%.
The Compact points out that the State recognizes the need for
the Tribe to develop a gaming facility capable of generating
sufficient revenue to service the debt associated with the high
predevelopment and construction costs of the facility. Also,
the Compact notes that the State and the Tribe recognize that
the exclusive rights that the Tribe will enjoy under this
Compact create a unique opportunity for the Tribe to operate a
Class III gaming facility in an economic environment free of
competition from the operation of gaming devices and banked card
games on non-Indian lands in California and that this unique
economic environment is of great value to the Tribe.
Additionally, the Compact states, that the Tribe and the State
share an interest in mitigating the off-reservation impacts of
the gaming facility, affording meaningful consumer and employee
protections in connection with the operations of the gaming
facility, fairly regulating the gaming activities conducted at
the gaming facility, and fostering a good-neighbor relationship.
Furthermore, the Compact points out that the Tribe has agreed to
provide to the State, on a government-to-government basis, a
portion of the Tribe's revenues for fair reimbursement of the
cost of regulation and mitigation, for payments to non-gaming
tribes, and for payments to mitigate impacts of the gaming
facility on the local community. The parties also acknowledge
that if the Tribe were required to pay a large share of its
revenues following commencement of gaming activities, then the
positive impact of the Tribe's investment would not be fully
recognized, the tribe would not materially benefit, and the
gaming facility would not be economically viable.
The preamble states that this Compact will afford the Tribe
primary responsibility over the regulation of its gaming
facility and will enhance the Tribe's economic development and
self-sufficiency. Also, the State and the Tribe have concluded
that this Compact protects the interests of the Tribe and its
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members, the surrounding community, and the California public,
and will promote and secure long-term stability, mutual respect
and mutual benefits.
Key Provisions of the Compact
Scope of Class III Gaming Authorized: The Tribe is authorized
to operate up to 1,500 gaming devices (slot machines), any
banking or percentage card games, and any devices or games that
are authorized under state law to the California Lottery,
provided that the Tribe will not offer such games through the
use of the Internet unless others in the State are permitted to
do so under State and federal law. The Tribe is not precluded
from offering Class II gaming or off-track horse race wagering
at the facility. Additionally, the Compact does not authorize
the operation of the game known as roulette, whether or not
played with or on a mechanical, electro-mechanical, electrical,
or video device, or cards, or any combination of such devices,
or the operation of any game that incorporates the physical use
of a die or dice.
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 lost and other non-Indian
entities are able to engage in Class III gaming the Tribe shall
have the right to terminate this Compact, in which case the
Tribe will lose the right to operate Class III gaming authorized
by this Compact; or continue under this Compact.
Special Distribution Fund (SDF): The Tribe shall pay to the
State on a pro rata basis the actual and reasonable 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 and the California Department of
Alcohol and Drug Programs, Office of Problem Gambling, or any
agency or agencies the State designates as a successor to them.
The Tribe's pro rata share of the State's costs in any given
year this Compact is in effect shall be calculated using the
following equation: "The maximum number of gaming devices
operated in the gaming facility for the previous fiscal year as
determined by the State Gaming Agency, divided by the maximum
number of gaming devices operated by all federally recognized
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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."
Revenue Sharing Trust Fund (RSTF): The Tribe has agreed to pay,
on a quarterly basis, into the RSTF or the Tribal Nation Grant
Fund (TNGF), for distribution to non-gaming and limited-gaming
tribes, an amount equal to 10% of the net win, as defined, on
every slot machine in operation over 350. The Tribe does not
make payments into the RSTF or the TNGF if it operates 349 or
fewer slot machines. The Compact also provides that prior to
making its quarterly payment to the RSTF; the Tribe may deduct
$75 per member of the Tribe per quarter if the total gaming
revenue is less than $20 million. If the deduction exceeds the
amount that would otherwise be due, then the Tribe shall make no
payment. If the total gaming revenue exceeds $21 million in a
quarter but is less than $22 million, the Tribe may deduct $50
per tribal member. Should the total gaming revenue exceed $22
million in a quarter but is less than $23 million the Tribe may
deduct $25 per member during that quarter.
"Net-Win" is defined as a calculation of the net revenue from
gaming devices within the facility. Specifically, it equals the
total amount spent by customers in playing the device, less
winnings paid out, less operating expenses (including the
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).
Gaming Facility Mitigation and Local Intergovernmental
Agreements: Before the commencement of any activity occurring
on Indian lands, a principal purpose of which is to serve the
gaming activities or gaming operation, and which may cause
either a direct physical change in the off-reservation
environment, or a reasonably foreseeable indirect physical
change in the off-reservation environment which is attributable
to the casino operation, the Tribe must follow designated
procedures, and enter into agreements, required pursuant to the
Compact, to mitigate significant effects. Specifically, the
Tribe is required to enter into agreements with the following:
1) the County of Siskiyou and the City of Yreka for law
enforcement, fire protection, emergency medical services and
other services provided and 2) the California Department of
Transportation (Caltrans) to mitigate all traffic impacts on the
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State highway system and for the Tribe to pay their fair share
of cumulative traffic impacts.
Additional Compact Components:
1)Patron Protections (injuries and gambling) - the Tribe
(through its tribal gaming agency) must attempt to resolve
patron disputes within three days of the play or operation of
any game, including refusal to pay to a patron any alleged
winnings from any gaming activities. If the patron is
dissatisfied with the resolution, the dispute shall be
resolved through binding arbitration before a single
arbitrator, who shall be a retired judge, in accordance with
the streamlined arbitration rules and procedures of JAMS
(Judicial Arbitration and Mediation Services). Also, provides
that the Tribe agrees to waive sovereign immunity in order to
be compelled in federal or state court to abide by the
resolution of arbitration. The Tribe has agreed to maintain
commercial general liability insurance of no less than $10
million per occurrence for bodily injury, property damage, and
personal injury.
2)Environmental Protections - the Tribe must 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 the County of Siskiyou, the
City of Yreka, the Department of Justice, the State
Clearinghouse and the State Gaming Agency. Also, provides for
binding arbitration if an intergovernmental agreement with the
County of Siskiyou and the City of Yreka is not entered into
within 75 days of the submission of the final TEIR.
3)Employee Protections - the Tribe has agreed to participate in
the state's workers' compensation system and unemployment
insurance program and to consent to the jurisdiction of the
state agencies and courts enforcing all of those standards.
The Tribe has also agreed to adopt and comply with standards
no less stringent than federal and state employment
discrimination laws.
4)Enhanced Audit and Compliance Review Procedures - in addition
to providing for an annual independent audit, the Compact
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allows the state to conduct its own annual audit and compact
compliance review.
5)Inspection and Testing of Slot Machines - slot machines will
have to be tested, approved and certified by an independent
gaming test laboratory or state governmental gaming test
laboratory to ensure that 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.
6)Minimum Internal Control Standards (MICS) - the Tribe must
adopt and comply with standards that meet or exceed the
federal NIGC standards. The MICS are incorporated in this
Compact as an appendix (Appendix D), which shall be updated
periodically by the State Gaming Agency and Tribal Gaming
Agency, to ensure the MICS keep up with changing technology
and industry standards.
7)Problem Gambling - the Tribal Gaming Agency must establish a
program to mitigate pathological and problem gaming by
implementing measures that train supervisors and floor
employees on identifying and managing problem gambling.
Additionally, the Tribe must include a responsible gaming
message in advertising, provide signage and education
materials at conspicuous locations aimed at preventing problem
gambling, establish self-exclusion and involuntary exclusion
programs, and adopt a code of conduct derived from the
American Gaming Association's code.
8)Labor Relations - 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.
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The Tribe has entered into separate agreements with the
Building and Construction Trades Council and UNITE HERE
International Union.
9)Prohibitions Regarding Minors - the Tribe shall prohibit
persons under the age of 21 years from being present in any
room or area in which gaming activities are being conducted
unless the person is en route to a nongaming area of the
gaming facility, or is employed at the Gaming Facility in a
capacity other than as a gaming employee.
10)Tobacco and Alcohol Provisions - 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 and
not to offer or sell tobacco to anyone that is under 18 years
of age. Makes it explicit that the purchase, sale, and
service of alcoholic beverages shall be subject to state law -
the Alcoholic Beverage Control (ABC) Act.
11)Health and Safety Standards - the Tribe has agreed to adopt
and comply with State public health standards for food and
beverage handling and federal water quality and safe drinking
standards applicable to California.
12)Building Codes and Fire Safety - the Tribe has agreed to meet
or exceed the California Building Code and the Public Safety
Code applicable to Siskiyou County and submit to fire safety
inspections by the State, and to rectify deficiencies, lest be
subject to court order prohibiting occupancy of the portion of
the gaming facility with the deficiencies.
13)Emergency Services Accessibility and Possession of Firearms -
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.
14)Arbitration Rules - provides that arbitration shall be
conducted before a single arbitrator in accordance with the
Commercial Arbitration Rules of the American Arbitration
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Association (Association) and shall be held in the federal
judicial district in which the Tribe's Indian lands are
situated and at a location selected by the arbitrator. Each
side shall initially bear one-half the costs and expenses of
the Association and the arbitrator but the arbitrator shall
award the prevailing party its costs, including the costs of
the Association and the arbitrator; however, the parties shall
bear their own attorney fees. Additionally, for the purpose
of actions or arbitrations brought and the enforcement of any
judgment or award resulting therefrom, the State and the Tribe
expressly waive their right to assert their sovereign immunity
from suit and from enforcement of any ensuing judgment or
arbitral award and to the arbitrator's jurisdiction and
further consent to be sued in federal or state court.
Effective Date - this Compact shall not be effective unless and
until it is ratified by the Legislature and notice of approval
or constructive approval is published in the Federal Register as
provided by IGRA. Once effective, this Compact shall be in full
force and effect for state law purposes until December 31, 2034.
Also, if this Compact does not take effect by July 1, 2014, it
shall be deemed null and void unless the Tribe and the State
agree in writing to extend that date.
Additional Background Information
California Proposition 1A, Gambling on Tribal Lands: California
Proposition 1A, also known as the Gambling on Tribal Lands
Amendment, was on the March 7, 2000, ballot in California, where
it was approved (64.5% to 35.5%). Proposition 1A authorized
the governor to negotiate compacts with federally recognized
Indian tribes on Indian lands in California to operate slot
machines, lotteries and banking and percentage card games,
subject to legislative ratification. Proposition 1A was a
legislatively-referred constitutional amendment, placed on the
ballot by the California State Legislature as a proposed
modification of the California Constitution Article IV, Section
19.
Indian Gaming Regulatory Act: In 1988, Congress enacted 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
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State which does not prohibit such gaming activity."
The statute divides gaming activities into three classes (Class
I, Class II, and Class III), each subject to different
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. 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.
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.
Compact Negotiation and Ratification: The California
Constitution, as amended by Proposition 1A of March 2000,
permits Indian tribes to conduct and operate slot machines,
lottery games, and banked and percentage card games on Indian
land. These gambling activities can only occur 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.
The Governor is the designated state officer responsible for
negotiating and executing, on behalf of the state, tribal-state
gaming compacts with federally recognized Indian tribes located
within the State of California. Following completion of
negotiations, the Governor shall submit a copy of any executed
tribal-state compact to both houses of the Legislature for
ratification and shall submit a copy of the executed compact to
the Secretary of State and it then must be approved and
published in the Federal Register by the United States Secretary
of the Interior.
Rincon Decision: In 2004, the Rincon Band of Mission Indians
sued the State of California in federal court after negotiations
for a new gambling agreement with then-Governor Schwarzenegger
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fell apart. The Tribe believed the Governor was violating
federal law by insisting that tribes pay money into the state's
general fund in exchange for more slot machines.
In July 2011, the United States Supreme Court declined to review
a Ninth Circuit Court's decision that ruled the state could not
require the Rincon Band tribe to pay a percentage of slot
machine revenue into California's General Fund for more gaming
devices. 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.
The 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 Rincon decision has changed the dynamics of tribal-state
compact negotiations. This compact contains no revenue
distributions into the General Fund. It does provide, and
Rincon allows, for the tribe to make mitigation payments to
local governments, revenue sharing with non-gaming tribes, and
costs for regulation.
Prior legislation: AB 1245 (V. Manuel P�rez), Chapter 462,
Statutes of 2013. Ratified the tribal-state gaming compact
entered into between the State of California and the Ramona Band
of Cahuilla Indians located in Riverside County, executed on
June 10, 2013.
AB 277 (Hall), Chapter 277, Statutes of 2013. Ratified two new
compacts entered into between the State of California and the
following tribes: North Fork Rancheria, executed on August 31,
2012 and the Wiyot Tribe, executed on March 20, 2013.
AB 1267 (Hall), Chapter 6, Statutes of 2013. Ratified the
amended tribal-state gaming compact entered into between the
State of California and the Shingle Springs Band of Miwok
Indians, executed on November 15, 2012.
SB 668 (Fuller), Chapter 67, Statutes of 2013. Ratified the
tribal-state gaming compact entered into between the State of
California and the Fort Independence Indian Community of Paiute
Indians, executed on February 28, 2013.
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AB 517 (Hall), Chapter 12, Statutes of 2012. Ratified the
tribal-state gaming compact entered into between the State of
California and the Federated Indians of Graton Rancheria of
Sonoma County, executed on March 27, 2012.
AB 787 (Chesbro), Chapter 340, Statutes of 2012. Ratified the
amendment to the tribal-state gaming compact entered into
between the State of California and the Coyote Valley Band of
Pomo Indians, 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 of California and Pinoleville Pomo
Nation, executed on March 9, 2009, and instead ratified the
tribal-state gaming compact entered into between the State and
the Tribe, 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 of California 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 Tribe, 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 of California and the Habematolel Pomo of
Upper Lake, executed on September 2, 2009.
AB 122 (Coto), Chapter 3, Statutes of 2009. Ratified the
tribal-state gaming compact entered into between the State of
California 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 of California 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 of California and the Yurok Tribe of
the Yurok Reservation.
SB 174 (Ducheny), Chapter 39, Statutes of 2007. Ratified the
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first compact amendment to the compact between the State of
California and Sycuan.
SB 175 (Ducheny), Chapter 38, Statutes of 2007. Ratified the
first compact amendment to the compact between the State of
California and Morongo.
SB 903 (Padilla), Chapter 40, Statutes of 2007. Ratified the
first compact amendment to the compact between the State of
California and Pechanga.
SB 941 (Padilla), Chapter 226, Statutes of 2007. Ratified the
first compact amendment to the compact between the State of
California and San Manuel.
SB 957 (Torlakson), Chapter 41, Statutes of 2007. Ratified the
first compact amendment to the compact between the State of
California 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 (Quechan).
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 (Nu�ez), 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;
Rumsey Band of Wintun Indians; United Auburn Indian Communities;
and, Viejas Group of Kumeyaay Indians. Also, provided for the
issuance of bonds in an amount not to exceed $1.5 billion by the
California Infrastructure and Economic Development Bank and
required the net proceeds of the sale of the compact assets to
be deposited in the Traffic Congestion Relief Fund and the
Transportation Deferred Investment Fund.
SB 930 (Burton), Chapter 802, Statutes of 2003. Ratified a
compact between the State of California and the Torres-Martinez
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Desert Cahuilla Indians.
SB 411 (Ducheny), Chapter 790, Statutes of 2003. Ratified
compacts between the State of California and the La Posta Band
of Diegueno Mission Indians and the Santa Ysabel Band of
Diegueno Mission Indians in San Diego County.
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.
Proposition 5. Adopted by the People of California on November
3, 1998. Specified the terms and conditions of mandatory
compacts between the State and tribal governments for class III
gambling on Indian lands. Amended California law to allow slot
machines and banked card games at tribal casinos. Provided for
contributions to trust funds benefiting non-gaming tribes,
statewide emergency medical care programs, and programs
benefiting communities near tribes. Allowed tribes to retain a
monopoly on authorized gambling. Proposition 5 was found to be
unconstitutional because it amended a provision of the
Government Code and did not amend the Constitution.
SB 287 (Burton), Chapter 409, Statutes of 1998. Ratified 11
compacts negotiated between the State of California and Indian
tribes that permitted Class III video gaming devices on tribal
lands and established a process for ratifying other compacts.
Analysis Prepared by : Eric Johnson / G.O. / (916) 319-2531
FN: 0004701