BILL ANALYSIS Ó
SB 1356
Page 1
SENATE THIRD READING
SB 1356 (De León)
As Amended August 18, 2014
2/3 vote. Urgency
SENATE VOTE : Vote not relevant
SUMMARY : Ratifies an Amended and Restated Tribal-State Gaming
Compact (Compact) between the Viejas Band of Kumeyaay Indians
(hereafter "Tribe") and the State of California (State), executed
on August 12, 2014. Specifically, this bill :
1)Authorizes the Tribe to operate a maximum of 4,500 slot machines
at not more than two gaming facilities, and only on those Indian
lands held in trust for the Tribe as of the execution date of
this Compact, as described. The Tribe may combine and operate
in each gaming facility any forms and kinds of gaming permitted
under law, except to the extent limited under the Indian Gaming
Regulatory Act (IGRA) and any applicable regulations adopted
pursuant thereto, the Compact, or the Tribe's gaming ordinance.
2)Converts the Tribe's current fixed revenue share payment to the
State into a percentage-based payment. Requires payment to the
General Fund, Indian Gaming Special Distribution Fund, Revenue
Sharing Trust Fund and/or Tribal Nation Grant Fund, as defined.
3)Supersedes a 2004 amended compact (AB 687 (Núñez), Chapter 91,
Statutes of 2004) between the Tribe and the State of California.
4)States that once effective, this Compact will be in full force
and in effect for state law purposes until December 31, 2030.
5)Provides that, in deference to tribal sovereignty, certain
actions may not be deemed projects for purposes of the
California Environmental Quality Act (CEQA).
6)Contains an urgency clause, allowing the 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
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state as a means of promoting tribal economic development,
self-sufficiency, and strong tribal governments. 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)Defines, under IGRA, 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.
4)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. 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.
5)Authorizes the Governor, under the California Constitution, to
negotiate and conclude compacts, subject to ratification by the
Legislature.
FISCAL EFFECT : Unknown
COMMENTS : On Thursday, August 21, 2014, the Assembly Governmental
Organization Committee held an informational hearing on the
contents of this Compact.
SUMMARY : The Compact authorizes the Tribe to operate a maximum of
4,500 slot machines at not more than two gaming facilities, and
only on those Indian lands held in trust for the Tribe as of the
execution date of this Compact, as described.
According to the Governor's office, the Compact converts the
Tribe's current fixed revenue share payment to the state (which
required the Tribe to pay a flat fee of approximately $17.4
million to the General Fund each year) into a percentage-based
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payment in order to account for the impact on revenue caused by
changing economic conditions and to enhance the economic
development, long-term stability and self-sufficiency of the
Tribe. The percentage-based payment structure ensures that the
Tribe remains the primary beneficiary of its gaming operation as
required by federal law. The Department of Finance (DOF)
estimates that the state will receive reduced revenue of about $3
million to $5 million annually if this Compact is ratified and
casino operations perform at the current level.
This Compact supersedes a 2004 amended compact (AB 687 (Núñez),
Chapter 91, Statutes of 2004) between the Tribe and the State of
California. The 2004 amended compact replaced an initial compact
signed in 1999 with Governor Gray Davis, who negotiated gambling
agreements with more than 60 tribes.
The 2004 amended compact allowed the Tribe to operate an unlimited
number of Class III slot machines in exchange for payments to the
state General Fund for machines added after ratification. Under
the 1999 compact, the Tribe could not operate more than 2,000
gaming devices. The 2004 amended compact also required the Tribe
to negotiate with local governments concerning enforceable
memoranda of understanding (MOU) to address environmental, public
safety, infrastructure, and other demands related to gaming
operations. The Tribe also agreed to pay $2 million into the
Revenue Sharing Trust Fund (RSTF) for revenue sharing payments to
non-gaming and limited gaming tribes. The negotiated MOU, RSTF
disbursement, and designated payments into the General Fund are
still mandated in this Compact.
According to the Governor's office, the terms of this Compact have
also been updated to be consistent with some provisions of more
recent compacts related to licensing, compliance enforcement,
mitigation of off-reservation gaming impacts and limitations on
the number of slot machines that may be offered at the casino.
Once effective (legislative ratification and federal approval
required), this Compact will be in full force and effect for State
law purposes until December 31, 2030 - this date remains unchanged
from the Tribe's 2004 amended compact.
Brief History and Background: The Tribe, one of the remaining 12
bands of the Kumeyaay Indian Nation, is a 252-member federally
recognized tribe located on a 1,600-acre reservation in the Viejas
Valley, east of the community of Alpine in San Diego County,
California. The Tribe has a "trust" relationship with the federal
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government, enforces federal laws and participates in issues
pertinent to its land and people on a government-to-government
basis. The Tribe states "that membership in the Viejas Band of
Kumeyaay Indians is determined by direct descent from the families
forced from their original Capitan Grande Reservation, who
contributed their share from the sale of their lands for the El
Capitan Reservoir to purchase the current reservation in Viejas
Valley."
According to information provided by the Tribe, the Tribe has
experienced tremendous economic prosperity that has successfully
helped increase access to health care, education and general
welfare to its people and their children, who will carry on the
Kumeyaay culture for years to come. Under the umbrella of Viejas
Enterprises, the Tribe's properties include Viejas Casino &
Resort; Viejas Outlet Center, a 37-acre shopping center; Alpine
Springs Recreational Vehicle Park; and Ma-Tar-Awa Recreational
Vehicle Park, the tribe's first business venture that opened in
1976. Through revenues brought in by the Tribe's business
enterprises, "the Tribe has been able to reinvest millions of
dollars back into its community, with 90 percent of dollars
generated at Viejas Casino & Resort returning to the local and
state economy."
The Tribe's casino has 2,000 slot machines, up to 86 table games,
four restaurants, a deli, bingo, an off-track betting facility,
lounge, concert venues and a poker room. The Tribe opened a
150-room hotel in March 2013. The five-story, $36 million hotel
is located on the east side of the Viejas Casino. The hotel has
99 rooms and 29 suites; a pool and hot tub, with a patio area and
cabanas; a business center; fitness room; and room service.
In 1999, the Tribe and the State entered into a tribal-state
compact, which enabled the Tribe, through revenues generated by
its gaming operation, to improve the governance, environment,
education, health, safety, and general welfare of its citizens,
and to promote a strong tribal government, self-sufficiency, and
to provide essential government services to its citizens.
In 2004, the Tribe and the State via Governor Schwarzenegger
entered into an amendment to the 1999 Compact, which, among other
things, significantly increased the gaming operation's earning
potential and revenue payments to the State. The Compact's
preamble states that since the time that the State and the Tribe
entered into the 2004 amended compact, circumstances in the
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overall economy and the casino gaming market have changed, which
have caused and will continue to cause a substantial reduction in
revenues generated by the gaming operation in comparison to those
that were expected when the parties entered into the 2004 amended
compact.
The Compact's preamble contends that the fixed quarterly revenue
share payments required of the Tribe under the 2004 amended
compact have not adjusted to changed economic and casino gaming
market conditions
Additionally, the Compact's preamble notes that after review of
the Tribe's financial condition, the Tribe and the State agree
that if the Tribe continues to make revenue sharing payments to
the State at the fixed level required by the 2004 amended compact,
the Tribe would not be able to adequately fund its Tribal
government, to the detriment of the Tribe's ability to provide for
the governance, environment, education, health, safety, and
general welfare of the Tribe's citizens, and would therefore be
incompatible with the purposes and policies of IGRA, Proposition
1A (2000), the 1999 Compact, and the 2004 amended compact.
The Tribe and the State agree that this Compact is designed to
enhance the Tribe's economic development and self-sufficiency and
to protect the health, safety and general welfare interests of the
Tribe and its citizens, the surrounding community, and the
California public, and to promote and secure long-term stability,
mutual respect, and mutual benefits.
Furthermore, the Compact's preamble states 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.
Key Provisions of the Compact
Scope of Class III Gaming Authorized: The Tribe is authorized to
operate up to 4,500 gaming devices (slot machines), banking or
percentage card games, and any devices or games that are
authorized under state law to the California State Lottery. The
Tribe may not operate roulette games (table or mechanical) or any
game that incorporates the physical use of a die or dice. The
Tribe shall not engage in Class III Gaming that is not expressly
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authorized in the Compact.
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.
Amendment by Agreement: The terms and conditions of the 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.
Revenue Contributions to the State and the Indian Gaming Special
Distribution Fund (IGSDF): The Tribe shall pay to the State
quarterly a revenue contribution, which shall be based upon the
average number of gaming devices in operation during such quarter,
equal to a percentage of the "Net Win" from such gaming devices
according to the following schedule:
-------------------------------------------------------------------
| Average Number of Gaming Devices in Operation During Quarter |
| Percentage of Gaming Devices' Net Win |
| |
| 1 to 2,000 |
| 8% |
| |
| 2,001 to 2,500 |
| 10% |
| |
| 2,501 to 3,000 |
| 12% |
| |
| 3,001 to 3,500 |
| 14% |
| |
| 3,501 to 4,000 |
| 16% |
| |
| 4,001 to 4,500 |
| 18% |
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| |
| |
-------------------------------------------------------------------
During the first five years in which this Compact is in effect, a
portion of the Tribe's quarterly revenue contribution to the State
will be deposited in the Indian Gaming Special Distribution Fund
(IGSDF) in the amounts specified below:
1)During years one and two, $5 million will be allocated to the
Special Distribution Fund (SDF);
2)During year three, $4 million will be allocated to the SDF;
3)During year four, $3 million will be allocated to the SDF; and,
4)During year five, $2 million will be allocated to the SDF.
This requirement does not alter the total amount of the
contribution that the Tribe pays to the State, but specifies the
principal fund to which the Tribe's payments are deposited.
During each year in which the Compact is in effect, the Tribe's
pro rata share of the State's regulatory costs will be deducted
from the Tribe's quarterly revenue contribution to the State. The
Tribe's pro rata share payment will be paid into the IGSDF, as
specified.
In each year of this Compact, any amount of the Tribe's quarterly
revenue contributions due to be paid to the IGSDF that is
remaining after the Tribe's payments are made and deposited into
the IGSDF will go to the General Fund.
"Net Win" is the drop from gaming devices, plus the redemption
value of expired tickets, less fills, less payouts, less
participation fees (i.e. payments made to gaming resource supplies
on a periodic basis by the gaming operation for the right to lease
or otherwise offer for play gaming devices), 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.
Revenue Sharing Trust Fund or Tribal Nation Grant Fund
Contribution: The Tribe shall continue to maintain its existing
licenses to operate gaming devices by paying to the State Gaming
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Agency for deposit into the Revenue Sharing Trust Fund or the
Tribal Nation Grant Fund the following fee within 30 days of the
end of each calendar quarter: $500,000.00.
This particular revenue contribution mirrors a provision in the
2004 amended compact which required the Tribe to make annual
payments in the amount of $2 million to the RSTF.
Quarterly Revenue 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, as defined.
Gaming Facility Mitigation and Local Intergovernmental Agreements:
Before the commencement of a project, and no later than the
issuance of the Final Tribal Environmental Impact Report (TEIR) to
the County, the Tribe shall offer to commence negotiations with
the County, and upon the County's acceptance of the Tribe's offer,
shall negotiate with the County and shall enter into an
enforceable written agreement with the County with respect to the
matters set forth: a) Provisions providing for the timely
mitigation of any significant effect on the off-reservation
environment, as defined; b) 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 for the purposes of the Tribe's gaming operation as a
consequence of the project; c) Provisions providing for reasonable
compensation for programs designed to address gambling addiction;
and d) Provisions providing for mitigation of any effect on public
safety attributable to the project, including any compensation to
the County as a consequence thereof.
Additional Compact Components
1)Gaming Ordinance and Regulations - all gaming activities
conducted under this Compact shall, at a minimum, comply with:
a) a gaming ordinance duly adopted by the Tribe and approved in
accordance with IGRA, b) 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 c) the provisions of this Compact,
as specified.
2)Environmental Protections - the Tribe must prepare a TEIR and
negotiate mitigation of any off-reservation impacts. The
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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, the City, the Department of Justice, the State
Clearinghouse and the State Gaming Agency. Also, provides for
binding arbitration if an intergovernmental agreement with the
County is not entered into within 55 days of the submission of
the final TEIR, or such further time as the Tribe or the County
may mutually agree in writing, any party may demand binding
arbitration before a single arbitrator pursuant to the
Commercial Arbitration Rules of the American Arbitration
Association as set forth in the Compact.
3)Employee Protections - the Tribe may create and maintain a
system that provides redress for employee work-related injuries
through requiring insurance or self-insurance, which system must
include a scope of coverage, availability of an independent
medical examination, right to notice, hearings before an
independent tribunal, a means of enforcement against the
employer, and benefits comparable to those mandated for
comparable employees under state law. Not later than the
effective date of this Compact, the Tribe will advise the State
of its election to participate in the statutory workers'
compensation system or, alternatively, will forward to the State
all relevant ordinances that have been adopted and all other
documents establishing the system and demonstrating that the
system is fully operational and compliant with the comparability
standard, as described. Independent contractors doing business
with the Tribe must comply with all state workers' compensation
laws and obligations.
The Tribe will participate in the State's program for providing
unemployment compensation benefits and unemployment compensation
disability benefits with respect to employees employed at the
gaming facility, as described. 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 allows
the state to conduct its own annual audit and compact compliance
review.
5)Inspection and Testing of Slot Machines - slot machines will
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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 will 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)Compliance Enforcement - 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 (California
Gambling Control Commission - Uniform Tribal Gaming Regulation
CGCC-8), 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.
7)Labor Provisions - the Tribe entered into a collective
bargaining agreement with a labor organization (Communications
Workers of America, CWA Local 9400) before the enactment of its
Tribal Labor Relations Ordinance (TLRO), which governs the
organizational and representational rights of the employees at
the tribal casino and gaming facility. The Tribe has renewed
that collective bargaining agreement and the parties agree that
no change in the TRLO is necessary to address employee rights.
8)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 non-gaming area of the gaming facility, or is
employed at the Gaming Facility in a capacity other than as a
gaming employee.
9)Alcohol Provisions - makes it explicit that the purchase, sale,
and service of alcoholic beverages shall be subject to state law
- the Alcoholic Beverage Control (ABC) Act.
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10)Protection of Public - the Tribe will not conduct Class III
Gaming in a manner that endangers the public health, safety, or
welfare; provided that nothing herein shall be construed to make
applicable to the Tribe any state laws or regulations governing
the use of tobacco.
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 - 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 California Building Code and
the Public Safety Code applicable to the county in which the
gaming facility is located.
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)Effective Date - the Compact shall not be effective unless and
until all of the following have occurred: a) The Compact is
ratified by statute in accordance with state law; and b) Notice
of approval or constructive approval is published in the Federal
Register. Once effective, this Compact shall be in full force
and effect for State law purposes until December 31, 2030.
Additional Background Information
IGRA: In 1988, Congress enacted the IGRA to provide a statutory
basis for the operation and regulation of gaming on Indian lands.
IGRA provides that an Indian tribe may conduct gaming activity on
Indian lands if the activity "is not specifically prohibited by
federal law and is conducted within a State which does not
prohibit such gaming activity."
IGRA distinguishes between three classes of gaming (Class I, Class
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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.
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.
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 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
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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.
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 in connection with
the implementation and administration of compacts; 4) payment of
shortfalls that may occur in the Indian Gaming Revenue Sharing
Trust Fund (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.
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 tribes (e.g., federally-recognized
non-gaming 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): The Tribal Nation Grant Fund
(TNGF) was created in the Graton Rancheria compact (AB 517 (Hall),
Chapter 12, Statutes of 2012), as a new destination for gaming
revenue for distribution of funds to non-gaming and limited-gaming
tribes, upon application of such tribes for purposes related to
effective self-governance, self-determined community, and economic
development. The TNGF currently does not receive funding and does
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not have an authorizing statute. The TNGF was created to
complement the RSTF.
Related legislation: SB 1224 (Correa) of the current legislative
session. Would ratify the tribal-state gaming compact entered
into between the State of California and the Karuk Tribe, executed
on December 4, 2013. (Pending on Governor's Desk)
Prior legislation: AB 1245 (V. Manuel Pérez), 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, 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.
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.
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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 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
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.
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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 (Núñez), Chapter 91, Statutes of 2004. Ratified amendments
to five compacts entered into between the State and the following
tribes: Pala Band of Mission Indians; Pauma Band of Luiseno
Mission Indians of the Pauma and Yuima Reservation; 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
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.
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.
SB 1356
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Analysis Prepared by : Eric Johnson / G.O. / (916) 319-2531
FN: 0005142