98000-98012
GOVERNMENT CODE
SECTION 98000-98012
98000. This chapter shall be known and may be cited as "The Tribal
Government Gaming and Economic Self-Sufficiency Act of 1998."
98001. (a) The people of the State of California find that,
historically, Indian tribes within the state have long suffered from
high rates of unemployment and inadequate educational, housing,
elderly care, and health care opportunities, while typically being
located on lands that are not conducive to economic development in
order to meet those needs. Federal law provides a statutory basis for
conducting licensed and regulated tribal government gaming on, and
limited to, qualified Indian lands, as a means of strengthening
tribal self-sufficiency through the creation of jobs and tribal
economic development. Federal law also provides that certain forms of
gaming, known as "class III gaming," will be the subject of an
agreement between a tribe and the state (a "Tribal-State compact"),
pursuant to which that gaming will be governed.
(b) The people of the state find that uncertainties have developed
over various issues concerning class III gaming and the development
of Tribal-State compacts between the state and tribes, and that those
uncertainties have led to delays and considerable expense. The
Tribal-State compact terms set forth in Section 98004 (the "Gaming
Compact"), including the geographic confinement of that gaming to
certain tribal lands, the agreement and limitations on the kinds of
class III gaming in which a tribe operating thereunder may be
engaged, and the regulation and licensing required thereunder, are
intended to resolve those uncertainties in an efficient and
cost-effective way, while meeting the basic and mutual needs of the
state and the tribes without undue delay. The resolution of
uncertainty regarding class III gaming in California, the generation
of employment and tribal economic development that will result
therefrom, and the limitations on the growth of gaming in California
that are inherent therein, are in the best and immediate interest of
all citizens of the state. This chapter has been enacted as a matter
of public policy and in recognition that it fulfills important state
needs. All of the factors the state could consider in negotiating a
Tribal-State compact under federal law have been taken into account
in offering to tribes the terms set forth in the Gaming Compact.
(c) The people of the state further find that casinos of the type
currently operating in Nevada and New Jersey are materially different
from the tribal gaming facilities authorized under this chapter,
including those in which the gaming activities under the Gaming
Compact are conducted, in that the casinos in those states (1)
commonly offer their patrons a broad spectrum of house-banked games,
including but not limited to house-banked card games, roulette, dice
games, and slot machines that dispense coins or currency, none of
which games are authorized under this chapter; and (2) are owned by
private companies, individuals, or others that are not restricted on
how their profits may be expended, whereas tribal governments must be
the primary beneficiaries of the gaming facilities under this
chapter and the Gaming Compact, and are limited to using their gaming
revenues for various tribal purposes, including tribal government
services and programs such as those that address reservation housing,
elderly care, education, economic development, health care, and
other tribal programs and needs, in conformity with federal law.
98002. (a) The Governor is authorized to execute on behalf of this
state a Gaming Compact containing the terms set forth in Section
98004, and shall do so as a ministerial act, without preconditions,
within 30 days after receiving a request from a tribe, accompanied by
or in the form of a duly enacted resolution of the tribe's governing
body, to enter into such a compact.
(b) If any federally recognized tribe having jurisdiction over
Indian lands in California requests that the Governor enter into
negotiations for a Tribal-State compact under federal law, including
but not limited to the Indian Gaming Regulatory Act (25 U.S.C. Sec.
2701 et seq.) (hereafter "IGRA"), on terms different than those
prescribed in the Gaming Compact in Section 98004, the Governor shall
enter into those negotiations pursuant to that federal law and
without preconditions, and is authorized to reach agreement and
execute that compact on behalf of the state, which authority shall
not require action by the Legislature so long as the compact does not
expand the scope of class III gaming permitted under a Gaming
Compact under this chapter, create or confer additional powers on any
agency of this state that are inconsistent with the terms of a
Gaming Compact, or infringe upon the power of the Legislature to
appropriate and authorize the expenditure of funds from the State
Treasury. Any action by the Legislature that expands the scope of
class III gaming permitted in any Tribal-State compact between the
state and a tribe beyond that authorized and permitted in the Gaming
Compact set forth in Section 98004 may not be deemed to be in
conflict with, or prohibited by, this chapter.
(c) The Governor is authorized and directed to execute, as a
ministerial act on behalf of the state, any additional documents that
may be necessary to implement this chapter or any Tribal-State
compact entered into pursuant to this chapter. In the event that
federal law regarding the process for entry into or approval of
Tribal-State gaming compacts is changed in any way that would require
a change in any procedure under this chapter in order for a
Tribal-State gaming compact to become effective, this chapter shall
be deemed amended to conform to and incorporate that changed federal
law.
98003. Any state department or agency, or other subdivision of the
state, providing gaming regulatory services to a tribe pursuant to
the terms of this chapter, including a Gaming Compact entered into
hereunder, is authorized to require and receive reimbursement from
the tribe for the actual and reasonable costs of those services in
accordance with a fee schedule to be agreed to by the tribe and the
state that is based on what the state gaming agency reasonably
charges other government agencies for comparable services. Any funds
received from a tribe in reimbursement for those services are hereby
continuously appropriated to that department, agency, or subdivision
for those purposes. Any disputes concerning the reasonableness of any
claim for reimbursement shall be resolved in accordance with the
dispute resolution procedures set forth in the Gaming Compact.
98004. The State of California hereby offers to any federally
recognized Indian tribe that is recognized by the Secretary of the
Interior as having jurisdiction over Indian lands in California that
are eligible for gaming under IGRA, and any such tribe may request,
and enter into with the state, a Gaming Compact containing the
following terms and conditions:
"TRIBAL-STATE GAMING COMPACT
Between the
(OFFICIAL NAME OF TRIBE),
a federally recognized Indian Tribe,
and the
STATE OF CALIFORNIA
This Tribal-State Gaming Compact is entered into on a
government-to-government basis by and between the (Official Name of
Tribe), a federally recognized sovereign Indian tribe (hereafter
"Tribe"), and the State of California, a sovereign State of the
United States (hereafter "State"), pursuant to the Indian Gaming
Regulatory Act of 1988 (P.L. 100-497, codified at 18 U.S.C. Sec. 1166
et seq. and 25 U.S.C. Sec. 2701 et seq.) (hereafter "IGRA"), and any
successor statute or amendments, and the Tribal Government Gaming
and Economic Self-Sufficiency Act of 1998 (Chapter 1 (commencing with
Section 98000) of Title 16 of the Government Code).
Section 1.0. PURPOSES AND OBJECTIVES. The terms of this Gaming
Compact are designed and intended to:
(a) Evidence the good will and cooperation of the Tribe and State
in fostering a mutually respectful government-to-government
relationship that will serve the mutual interests of the parties.
(b) Develop and implement a means of regulating class III gaming
on the Tribe's Indian lands to ensure its fair and honest operation
in accordance with IGRA, and, through that regulated class III
gaming, enable the Tribe to develop self-sufficiency, promote tribal
economic development, and generate jobs and revenues to support the
Tribe's government and governmental services and programs.
(c) Promote ethical practices in conjunction with that gaming,
through the licensing and control of persons and entities employed
in, or providing goods and services to, the Tribe's gaming operation
and protecting against the presence or participation of persons whose
criminal backgrounds, reputations, character, or associations make
them unsuitable for participation in gaming, thereby maintaining a
high level of integrity in government gaming.
Sec. 2.0. DEFINITIONS
Sec. 2.1. "Act" means the Tribal Government Gaming and Economic
Self-Sufficiency Act of 1998 (Section 98000 et seq. of the Government
Code).
Sec. 2.2. "Applicant" means an individual or entity that applies
for a Tribal license or State certification.
Sec. 2.3. "Class III gaming" means the forms of class III gaming
defined as such in 25 U.S.C. Sec. 2703(8) and by regulations of the
National Indian Gaming Commission.
Sec. 2.4. "Gaming activities" means the class III gaming
activities authorized under this Gaming Compact.
Sec. 2.5. "Gaming Compact" means this compact.
Sec. 2.6. "Gaming device" means any electronic,
electromechanical, electrical, or video device that, for
consideration, permits: individual play with or against that device
or the participation in any electronic, electromechanical,
electrical, or video system to which that device is connected; the
playing of games thereon or therewith, including, but not limited to,
the playing of facsimiles of games of chance or skill; the possible
delivery of, or entitlement by the player to, a prize or something of
value as a result of the application of an element of chance; and a
method for viewing the outcome, prize won, and other information
regarding the playing of games thereon or therewith.
Sec. 2.7. "Gaming employee" means any person who (a) operates,
maintains, repairs, assists in any gaming activity, or is in any way
responsible for supervising gaming activities or persons who conduct,
operate, account for, or supervise any gaming activity, (b) is in a
category under federal or tribal gaming law requiring licensing, or
(c) is a person whose employment duties require or authorize access
to areas of the gaming facility that are not open to the public. In
defining those categories of persons who are required to be licensed
under tribal gaming law, the Tribe shall consider the inclusion of
persons who are required to be licensed pursuant to state gaming law.
Sec. 2.8. "Gaming facility" means any building or room in which
class III gaming activities or gaming operations occur, or in which
the business records, receipts, or other funds of the gaming
operation are maintained (but excluding offsite facilities primarily
dedicated to storage of those records, and financial institutions),
and all rooms, buildings, and areas, including parking lots,
walkways, and means of ingress and egress associated therewith,
provided that nothing herein prevents the conduct of class II gaming
(as defined under IGRA) therein.
Sec. 2.9. "Gaming operation" means the business enterprise that
offers and operates gaming activities.
Sec. 2.10. "Gaming ordinance" means a tribal ordinance or
resolution duly authorizing the conduct of gaming activities on the
Tribe's Indian lands and approved under IGRA.
Sec. 2.11. "Gaming resources" means any goods or services used in
connection with gaming activities, including, but not limited to,
equipment, furniture, gambling devices and ancillary equipment,
implements of gaming activities such as playing cards and dice,
furniture designed primarily for gaming activities, maintenance or
security equipment and services, and gaming consulting services.
"Gaming resources" does not include professional accounting and legal
services.
Sec. 2.12. "Gaming resource supplier" means any manufacturer,
distributor, supplier, vendor, lessor, or other purveyor of gaming
resources to the gaming operation or gaming facility, provided that
the Tribal gaming agency may exclude any such purveyor if the subject
equipment or furniture is not specifically designed for, and is
distributed generally for use other than in connection with, gaming
activities.
Sec. 2.13. "IGRA" means the Indian Gaming Regulatory Act of 1988
(P.L. 100-497, 18 U.S.C. Sec. 1166 et seq. and 25 U.S.C. Sec. 2701 et
seq.) any amendments and successors thereto, and all regulations
promulgated thereunder.
Sec. 2.14. "Management contractor" means any person with whom the
Tribe has contracted for the management of any gaming activity or
gaming facility, including, but not limited to, any person who would
be regarded as a management contractor under IGRA.
Sec. 2.15. "Net win" means the wagering revenue from gaming
activities retained by the Tribe after prizes or winnings have been
paid to players or to pools dedicated to the payment of those prizes
and winnings, and prior to the payment of operating or other
expenses.
Sec. 2.16. "Players' pool prize system" means one or more
segregated pools of funds that have been collected from player
wagers, that are irrevocably dedicated to the prospective award of
prizes in authorized gaming activities, and in which the house
neither has nor can acquire any interest. The Tribe may set and
collect a fee from players on a per play, per amount wagered, or
time-period basis, and may seed the player pools in the form of loans
or promotional expenses, provided that seeding is not used to pay
prizes previously won.
Sec. 2.17. "State" means the State of California.
Sec. 2.18. "State gaming agency" means the person, agency, board,
commission, or official that the State duly authorizes to fulfill
the functions assigned to it under this Gaming Compact. As of the
effective date of this Act, this agency is the entity or entities
authorized to investigate, approve, and regulate gaming licenses
pursuant to the Gambling Control Act (Chapter 5 (commencing with
Section 19800) of Division 8 of the Business and Professions Code) or
its successors. In the event no agency is authorized to conduct this
function, the State shall designate such an agency by statute. If
the State fails to designate an agency authorized to investigate,
approve, and regulate gaming licenses, any function assigned to the
State gaming agency in this Gaming Compact shall be assumed by the
Tribal gaming agency until the State so designates an agency as
provided herein.
Sec. 2.19. "Tribal Chairperson" means the person duly elected or
selected under the Tribe's organic documents, customs, or traditions
to serve as the primary spokesperson for the Tribe.
Sec. 2.20. "Tribal gaming agency" means the person, agency,
board, committee, commission, or council designated under tribal law,
including, but not limited to, an intertribal gaming regulatory
agency approved to fulfill those functions by the National Indian
Gaming Commission, as primarily responsible for carrying out the
Tribe's regulatory responsibilities under IGRA and the Tribal gaming
ordinance. No person employed in, or in connection with, the
management, supervision, or conduct of any gaming activity may be a
member or employee of the Tribal gaming agency.
Sec. 2.21. "Tribal gaming terminal" means a gaming device that
does not dispense coins or currency and is not activated by a handle.
Sec. 2.22. "Tribe" means the