BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 795| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 795 Author: Atkins (D), et al. Amended: 9/4/15 in Senate Vote: 27 - Urgency PRIOR VOTES NOT RELEVANT NOTE: On September 9, 2015, the Senate Governmental Organization Committee held an informational hearing on the tribal-state gaming compact entered into betwee the State of California and the Sycuan Band of the Kumeyaay Nation. 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 Sycuan Band of the Kumeyaay Nation (hereafter "Tribe") executed on September 2, 2015. 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. AB 795 Page 2 Senate Floor Amendments of 9/4/15 gut the contents of the existing bill; add a new lead author (Atkins); add an urgency clause; and, insert provisions pertaining to ratification of the tribal gaming compact recently executed by the Governor and the Sycuan Band of the Kumeyaay Nation. ANALYSIS: 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 AB 795 Page 3 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 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 Sycuan Band of the Kumeyaay Nation executed on September 2, 2015 and supersedes the 1999 compact between the Tribe and the State of California. The 1999 compact authorizes the Tribe to operate no more than 2,000 gaming devices (slot machines). Under this Compact, the Tribe may operate a maximum of 2,500 gaming devices at its current facility in San Diego County. 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 four and three quarters percent (4.75%) of its "gross gaming revenue," to be shared with tribes that are not gaming or that otherwise are not substantially benefiting from gaming. Additionally, the Compact provides a framework for the sharing of gaming revenue with the County of San Diego and other local jurisdictions. Specifically, from its payments to the Revenue Sharing Trust Fund (RSTF) or the Tribal Nation Grant Fund (TNGF), the Tribe may take annual credits of up to sixty percent (60%) for infrastructure improvements and fire, law enforcement, public transit, education, tourism and other services including investments in renewable energy or water conservation projects and non-gaming related economic AB 795 Page 4 development and health care facilities that provide a mutual benefit to the Tribe and the local community. Pursuant to the 1999 compact, the Tribe currently pays approximately $2.4 million annually into the Special Distribution Fund (SDF) and $2.3 million annually into the RSTF. Under this Compact, it is estimated that the Tribe will pay approximately $1 million annually (its pro rata share) into the SDF and approximately $10.1 million annually into the RSTF or the TNGF. Thus, the RSTF will see an increase of revenue estimated to be roughly $7.8 million per year. However, this amount may be offset by up to $6.3 million per year that the Tribe is authorized to redirect to specified infrastructure projects and services that mutually benefit the local community, the Tribe and the state. Brief History of the Sycuan Band of the Kumeyaay Nation The Sycuan Band of the Kumeyaay Nation is a federally recognized tribe of Mission Indians from Southern California, near El Cajon. The Tribe consists of 220 members, approximately 160 of whom are voting members (over 18 years old). The Tribe opened its first gambling facility, the Sycuan Bingo Palace, on its reservation in 1983. In 1999, the Tribe entered into a tribal-state gaming compact with the State of California which has provided it with extensive economic opportunities, including a profitable casino. The Tribe has a diversified business portfolio which includes ownership interests in a variety of businesses both on and off of the Sycuan Reservation, including the historic U. S. Grant Hotel in downtown San Diego, the Marina Gateway Hotel and Conference Center in National City, an off-reservation golf course, and significant advertising agreements with the San Diego Padres Major-League Baseball team at PETCO Park. The Tribe is also an investor in the Hotel Solamar near the ballpark. Furthermore, the Tribe funds the training and staffing of a fire station and police station in San Diego County. With respect to the fire station that it funds, 90% of the calls for service are off reservation, resulting in millions of dollars spent each year benefitting off-reservation communities. The majority of the police station's calls are for off-reservation services, as AB 795 Page 5 well, although at a lower percentage. Under the 1999 compact, the Tribe operates 2,000 Class III gaming devices and 58 table games and employs 2,700 people at its casino, golf course, hotel, and other properties. The Tribe also offers an off-track betting parlor for its customers. Pursuant to the 1999 compact, the Tribe currently pays $ 2.4 million into the SDF and $2.3 into the RSTF annually. In 2006, the State and Tribe negotiated amendments to the 1999 Sycuan compact that provided for significant payments to the State's General Fund in exchange for more gaming devices. Governor Schwarzenegger executed the compact amendments, the Legislature ratified the amended compact, and the U.S. Department of the Interior published a notice in the Federal Register that the amended compact was "deemed-approved." However, the 2006 amended compact contained a provision requiring ratification by the Tribe's general membership. Subsequently, the Tribal membership voted NOT to ratify the compact amendments and therefore, they never went into effect. As a result, Sycuan's gaming operation continues to be governed by the provisions of the 1999 compact. Key Components of this Compact Scope of Class III Gaming Authorized and Financial Terms. Under this Compact, the Tribe may operate a maximum of 2,500 gaming devices, banking or percentage card games, and 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. 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 two gaming facilities 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. If the Tribe chooses to operate more than one gaming facility, then one of the two gaming facilities shall have no more than five AB 795 Page 6 hundred (500) gaming devices and shall have a primary purpose other than gaming authorized under IGRA. 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 reasonable 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. Payments to the 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 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 fiscal year, multiplied by costs, equals the Tribe's AB 795 Page 7 pro rata share." Payments to the RSTF or TNGF. If the Tribe operates more than three hundred fifty (350) gaming devices at any time in a given calendar year, it shall thereafter, including in that calendar year, pay to CGCC, for deposit into the RSTF or the TNGF, four and three quarters percent (4.75%) of its "gross gaming revenue" from the operation of gaming devices in excess of three hundred fifty (350). "Gross Gaming Revenue" is defined as the win from gaming activities, which is the difference between gaming wins and losses before deducting costs and expenses or deducting incentives or adjusting for changes in progressive jackpot liability accruals. Generally, the difference between patron wagers and the payouts made on winning wagers. Credits Applied to RSTF or the TNGF. The State agrees to provide the Tribe with annual credits for up to sixty percent (60%) of the payments otherwise due to be paid into the RSTF or TNGF for the following: 1)Payments by the Tribe to San Diego County, local jurisdictions, and nonprofit and civic organizations operating facilities or providing services within the County for fire, law enforcement, emergency medical services, public transit, education, tourism, and other services and infrastructure improvements intended to serve off-reservation needs of County residents - such payments shall be subject to approval by the County or local jurisdiction in the County and at least twenty percent (20%) of the annual credits must be utilized for the above stated purposes; 2)Non-gaming related capital investments and economic development projects by the Tribe on or off tribal trust lands that the State or State designated agency agrees provides mutual benefits to the Tribe and the State because, for instance, they have particular cultural, social or environmental value, or diversify the sources of revenue for the Tribe's general fund; 3)Investments in, and any funds paid to the State in connection with, renewable energy projects that, in part, serve the gaming facility, to include facilities that incorporate AB 795 Page 8 charging stations for electric or other zero-emission vehicles that are available to patrons and employees of the gaming facility; 4)Payments to support capital improvements and operating expenses for facilities within California that provide health care services to tribal members, Indians, and non-Indians; and, 5)Investments by the Tribe for water treatment and conservation projects. All excess authorized credits that cannot be applied in any one year because they would exceed the sixty percent (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. 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: (a) calculation of the maximum number of gaming devices operated each day, (b) the gross gaming revenue calculation, (c) the amount due the SDF, (d) calculation of the amount due to the RSTF/TNGF, and (e) the total amount of the quarterly payment. 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, AB 795 Page 9 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 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. Patron Disputes. Provides that 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 a patron is dissatisfied with the resolution, the Tribe shall inform the patron in writing with 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 in either the Sycuan Tribal Court system or before a three-member tribal claims commission consisting of a representative of the tribal government and at least one non-tribal commissioner. 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 Sycuan Tribal Court or tribal claims commission may, at the party's election, appeal to the Intertribal Court of Southern California Court of Appeals, provided that the party making the election must bear all costs and expenses associated with the appeal regardless of the outcome. The Tribe agrees to wave its sovereign immunity in connection with the jurisdiction of the Sycuan Tribal Court, the tribal claims commission or Intertribal Court of Southern California and in any suit in state or AB 795 Page 10 federal court to enforce or execute a judgment based upon the award of the tribal court, claims commission or appellate court. 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 stipulating that California tort law governs claims. In addition, the Compact provides that California tort law shall apply to specified claims if the Tribe fails to adopt a Tort Liability Ordinance. Environmental Protections. Requires the Tribe to prepare a Tribal Environmental Impact Report (TEIR) and negotiate mitigation of any off-reservation impacts 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 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 San Diego County, the Department of Justice, the State Clearinghouse and the State Gaming Agency. Also, projects that have been initiated under the terms of the 1999 compact shall be subject to the relevant terms and conditions of the 1999 compact. Additionally, projects commenced prior to the existing mitigation agreements (January of 2012) between the Tribe and San Diego County regarding development of the Tribe's other properties remain in effect and are not subject to the TEIR provisions of this Compact. If those agreements expire and are not renegotiated (or negotiations fail), then the TEIR provisions of the Compact become applicable to those properties, as well. Labor Provisions. 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 AB 795 Page 11 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. The new TLRO proscribed by this Compact is modeled after the Tribe's 1999 TLRO with several modifications. The new TLRO provides for union neutrality. The Tribe will not oppose a union organization but can advocate the benefits of working for the Tribe. A labor union must issue a Notice of Intent or Organize (NOIO). For a period of 365 days following delivery of a NOIO, the union shall not engage in strikes, picketing, boycotts, attack websites, or other economic activity at or in relation to the tribal casino or related facility. During the 365 days after the Tribe received the NOIO, the union must collect dated and signed authorization cards and complete the secret ballot election. Failure to complete the secret ballot election within 365 days shall preclude the union from delivering another NOIO for a period of two years (730 days). After the certification that 30% of the employees have expressed an interest in the union, a notice of election shall be issued and the election shall be concluded within 30 calendar days thereafter. Secret ballot elections shall be held at the workplace and at least one neutral location. Employees may mail in ballots provided they are received by election day. Mediation for any collective bargaining agreement impasse shall be made in conjunction with the Federal Mediation and Conciliation Service (FMCS). The mediation process is modeled on the Agricultural Labor Relations Act and authorizes the mediator to resolve the impasse. According to the Administration, the appeals procedures have been streamlined significantly in comparison to the Tribe's 1999 TLRO. Disputes are presented to an arbitrator with expertise in labor law and appropriate challenges to the arbitrator's decision may be presented to a state superior court. 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. 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 AB 795 Page 12 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. Prohibitions Regarding Minors. Provides that the Tribe shall prohibit persons under the age of eighteen (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. Health and Safety Standards. Provides that the Tribe has agreed to adopt and comply with tribal health standards for food and beverage handling that are 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. Problem Gambling. Requires the gaming operation to establish a program, approved by the Tribal Gaming Agency, to mitigate pathological and problem gaming by implementing specified measures. Alcohol Provisions. Makes it explicit that the purchase, sale, and service of alcoholic beverages shall be subject to state law (the Alcoholic Beverage Control Act). Tobacco Provisions. Provides that 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 under state-of-the-art technology existing as of the date of the construction or significant renovation of the gaming facility, and further agrees not to offer or sell tobacco to anyone under 18 years of age. AB 795 Page 13 Emergency Services Accessibility and Possession of Firearms. Provides that 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. 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. 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. Effective Date. Provides that this 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 until December 31, 2040. 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 during the term of this Compact, 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 Relevant Background Information AB 795 Page 14 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." 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 AB 795 Page 15 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 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 rejecting a Class III Tribal-State Gaming Compact negotiated by 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. Another vehicle for state receipt of casino payments above those payments must be in exchange for some benefit deemed "exclusive" to the tribe. To this end, it is fact that a number of other state (Governors) have attempted to create "exclusive grants" in favor of compact signatory tribes in return for payments to the state treasuries. Rincon 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 AB 795 Page 16 prohibited by IGRA. Rincon had refused to sign the amended compact which already had been executed by several other tribes choosing instead to demand that it be given the expanded gaming opportunity without making the new financial concessions. The Ninth Circuit 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 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." Prior/Related Legislation AB 1540 (Gray, 2015) ratifies 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. (Enrolled and presented to the Governor on 9/3/2015) AB 315 (Bigelow, 2015) ratifies 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. (Enrolled and presented to the Governor on 9/3/2015) 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. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No SUPPORT: (Verified9/8/15) AB 795 Page 17 Agua Caliente Band of Chauilla Indians Asian Business Association of San Diego Barona Band of Mission Indians Barrio Station Congressman Juan Vargas Downtown San Diego Partnership La Mesa Chamber of Commerce Mental Health America of San Diego County Ronald McDonald House Charities of San Diego San Diego City Councilman Scott Sherman San Diego County Building and Construction Trades Council, AFL-CIO San Diego Police Officers Association San Diego Regional Chamber of Commerce San Diego Rescue Mission San Diego Tourism Authority San Ysidro Chamber of Commerce Santa Ynez Band of Chumash Indians State Building and Construction Trades Council, AFL-CIO Sycuan Band of the Kumeyaay Nation Urban Corps of San Diego County OPPOSITION: (Verified9/8/15) None received Prepared by:Arthur Terzakis / G.O. / (916) 651-1530 9/8/15 16:58:25 **** END ****