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Fifth Amendment to the Tribal-State Compact for Class III Gaming — Stillaguamish Tribe

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Congressional materials
Document type
2024 05 07 A32128 D273663 Stillaguamish 5Th Amendment Tent Agreement Senator Stanford
Date
2024-05-07
Case
2024 05 07 A32128 D273663 Stillaguamish 5Th Amendment Tent Agreement Senator Stanford

Summary

A Fifth Amendment to the Tribal-State Compact for Class III Gaming between the Stillaguamish Tribe of Indians and the State of Washington, which restated their compact on December 11, 2000 under the Indian Gaming Regulatory Act. The amendment revises the compact's definitions of "Gaming Station" and "Pit", adds Electronic Table Games to Compact Section IV, B, and adds a new Appendix G on Electronic Table Games. It carries undated signature blocks for the Tribe's Chairman, Eric White, and the Governor of Washington, Jay Inslee. Appendix G states that implementation is delayed until the Tribe implements provisions of its Sections 5 through 8, and lets the Tribe suspend Electronic Table Games on notice effective 30 calendar days later. The amendment also covers a problem gambling contribution of 0.20 percent of net win until June 30, 2024 and 0.26 percent from July 1, 2024.

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“2024 05 07 A32128 D273663 Stillaguamish 5Th Amendment Tent Agreement Senator Stanford.” Original at app.leg.wa.gov, dated 2024-05-07. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-05-07-2024-05-07-a32128-d273663-stillaguamish-5th-amendment-tent-agreement-senator-stanford/, SHA-256 faee913094f2e1e61e6a1812209599924caae94519966e7cfd86ff6e069e6d21.

Full text

          FIFTH AMENDMENT TO THE TRIBAL-STATE COMPACT
                  FOR CLASS III GAMING BETWEEN
 THE STILLAGUAMISH TRIBE OF INDIANS AND THE STATE OF WASHINGTON

                                       INTRODUCTION

The STILLAGUAMISH TRIBE OF INDIANS (hereafter, “Tribe”) and the STATE OF
WASHINGTON (hereafter, “State”) restated their Class III gaming compact (hereafter
“Compact”) on December 11, 2000, pursuant to the Indian Gaming Regulatory Act (hereafter,
“IGRA”).

At the request of the Tribe, the Tribe and State entered into negotiations for further amendments
to the Compact. The parties have reached an agreement on Compact amendments as set forth in
this document. The parties believe the conduct of Class III gaming under the terms and
conditions set forth below will benefit the Tribe and the State and protect members of the Tribe
and citizens of the State consistent with the objectives of IGRA.

                                 COMPACT AMENDMENT

   1. Compact Section II, o. and x., are amended to read as follows:
      o. “Gaming Station” means one conventional, physical Gaming table of the general size
      and scope as commonly used in Nevada or Electronic Table Games, subject to Appendix
      G.

       x. “Pit” means the area enclosed or encircled by an arrangement of Gaming Stations,
       other than Electronic Table Games, in which Gaming Facility personnel administer and
       supervise the games played at the Gaming Stations by the patrons located on the outside
       perimeter of the area.

   2. Compact Section IV, B, is amended to add:
      (4) Electronic Table Games, subject to Appendix G.
   3. The Compact is hereby amended to add:
      Appendix G—Electronic Table Games, in the form attached hereto, in its entirety.


IN WITNESS WHEREOF, the Stillaguamish Tribe of Indians and the State of Washington have
executed this Fifth Amendment to the Compact.

 STILLAGUAMISH TRIBE                            STATE OF WASHINGTON

 BY: ________________________                   BY: ________________________
     ERIC WHITE                                     JAY INSLEE
     Chairman                                       Governor
DATED: ____________________                  DATED: ____________________
                                 STILLAGUAMISH TRIBE OF INDIANS
                                               and the
                                      STATE OF WASHINGTON
                                    CLASS III GAMING COMPACT


                                             APPENDIX G
                                       ELECTRONIC TABLE GAMES


Table of Contents

SECTION 1. INTRODUCTION...............................................................................................1
SECTION 2. EFFECTIVE DATE ............................................................................................1
SECTION 3. TRIBE’S SUSPENSION OF ELECTRONIC TABLE GAMES .......................1
SECTION 4. DEFINITIONS ....................................................................................................2
SECTION 5. AUTHORIZATION ............................................................................................3
SECTION 6. NUMBER OF GAMING STATIONS ................................................................4
SECTION 7. OPERATION AND REPORTING REQUIREMENTS ....................................4
SECTION 8. APPROVAL OF ELECTRONIC TABLE GAME SYSTEMS .........................6
SECTION 9. COMMUNITY CONTRIBUTIONS ..................................................................7




                                                             i
SECTION 1. INTRODUCTION

This Appendix G (“Appendix”) describes, authorizes, and sets forth provisions applicable to the
operation of Electronic Table Games. It is the intent of the Parties for the Tribe to operate
Electronic Table Games to enhance the Tribe’s existing Gaming Operation while maintaining the
integrity and security of the Electronic Table Games. This Appendix contains the interrelated
concessions, limitations, and agreement of the Tribe and State with respect to the subject matter
addressed herein that must be accepted as a whole in order to adopt this Appendix.

Provisions of the Compact and appendices, as amended (together, the “Compact”), that are not
addressed in this Appendix remain in full force and effect, unless and until they are subsequently
amended pursuant to the process set forth in the Compact. Provisions of the Compact that do not
conflict with this Appendix shall apply to Electronic Table Games. To the extent they do not
conflict, existing Internal Controls, game rules, and similar documents in effect as of the date of
the publication of the Fifth Amendment remain in full force and effect, unless and until they are
subsequently amended pursuant to the process set forth in the Compact.

SECTION 2. EFFECTIVE DATE

The Tribe and State agree that, although the Compact and its appendices become effective upon
publication of notice of approval by the Secretary of the Interior of the United States in the
Federal Register in accordance with 25 U.S.C. § 2710(d)(3)(B), the implementation of this
Appendix shall be delayed until any of the provisions of Sections 5 through 8 herein are
implemented by the Tribe (“Implementation Date”). However, if certain provisions of Section 10
in this Appendix have been implemented through another appendix, the delayed implementation
shall not apply to those provisions.

SECTION 3. TRIBE’S SUSPENSION OF ELECTRONIC TABLE GAMES

       3.1 Purpose. Pursuant to IGRA and the Compact, the Tribe has a duty to exercise its
           rights to Gaming activities to promote Tribal economic development and to fund
           Tribal services (the “Tribal Purposes”). With those Tribal Purposes in mind, the
           Tribe has never implemented electronic table games and thereby does not know how
           beneficial such Gaming activity will be to the Tribal Purposes. Accordingly, the
           Tribe may suspend Electronic Table Games in accordance with this Section 3 if the
           Tribe determines, in its sole and absolute discretion, that continuing Electronic
           Table Games is contrary to achieving the Tribal Purposes.
       3.2 Tribe’s Notice to Suspend to the State. If the Tribe elects to suspend implementation
           of Electronic Table Games because it determines continuing Electronic Tables
           Games is contrary to the Tribal Purposes, then the Tribal Gaming Agency shall
           provide advanced written notice to the State Gaming Agency of the Tribe’s
           Electronic Table Games Suspension (“ETG Suspension”).




Stillaguamish Tribe of Indians—State of Washington Gaming Compact
Appendix G—Electronic Table Games               -1-
       3.3 Effect of Suspension.
               3.3.1 Effective Date. The ETG Suspension will be in effect 30 calendar days
                     after the date the Tribal Gaming Agency sends the ETG Suspension to the
                     State Gaming Agency (the “Effective Date”).
               3.3.2 One-time Suspension of Increase in Monetary Contribution to Problem
                     Gambling. If the Tribal Gaming Agency sends to the State Gaming
                     Agency the ETG Suspension within one (1) year of the Implementation
                     Date (“First ETG Suspension”), the Tribe may suspend the increase in the
                     accrual and monetary contribution pursuant to Section 10.1 below from
                     0.20% to 0.26% one-time only (One-time Suspension), except that if an
                     increase in the accrual and monetary contribution to programs related to
                     problem gambling has been or will be implemented through another
                     Compact provision or appendix, this provision will not apply. The One-
                     time Suspension will be effective commencing on the Effective Date of
                     the First ETG Suspension and continue until the Tribe resumes operation
                     of Electronic Table Games pursuant to Section 3.4 below or another
                     Compact provision or appendix implements an increase to the accrual and
                     monetary contribution.
               3.3.3 Suspension does not Constitute Termination. Any notice of an ETG
                     Suspension does not constitute a termination of this Appendix.
       3.4 Tribe’s Notice to Resume to the State. If the Tribe decides to resume operation of
           Electronic Tables Games after an ETG Suspension, then the Tribal Gaming Agency
           shall provide advanced written notice to the State Gaming Agency, including the
           effective date of the resumption and confirmation the Electronic Table Games meet
           the requirements of this Appendix. If applicable after the First ETG Suspension, the
           increase in accrual and monetary contribution required under Section 10 will resume
           on the same effective date of resumed ETG operations.

SECTION 4. DEFINITIONS

The following terms apply to this Appendix. All capitalized terms not defined herein, to the
extent they do not conflict, have the same meaning as the definitions as in the Compact.

       “Component” means Electronic Table Game Terminals, any dealer interface, the
       Electronic Wagering System, hardware, software, and servers that function collectively to
       simulate table game operations and are necessary to operate the Electronic Table Game
       System.

       “Communal Shoe” means a randomly shuffled and dealt deck or decks of cards, whether
       physical or electronic, that removes each card played until the round of play is completed
       according to the approved game rules.

       “Electronic Table Game” or “ETG” means an electronic version of a Class III table
       game.


Stillaguamish Tribe of Indians—State of Washington Gaming Compact
Appendix G—Electronic Table Games               -2-
       “Electronic Table Game System” or “ETG System” means a system that utilizes
       electronics in connection with the generation, collection, storage, and communication of
       game outcome, accounting, and significant event data, including all Components thereof,
       to operate Electronic Table Games.

       “Electronic Table Game Terminal” or “ETG Terminal” means a computer housed in a
       cabinet with input device(s) and video screen(s) where a player may play Electronic
       Table Games.

       “Electronic Wagering System” means a Component of the ETG System that includes a
       computer or server and any related hardware, software or other device that facilitates
       patron play at an Electronic Table Game.

SECTION 5. AUTHORIZATION

       5.1 The ETG System must be honest, fair, secure, reliable, auditable, and compliant
           with the Compact and the standards contained in this Appendix and any related
           MOU.
       5.2 ETG System Conditions. An ETG System is authorized when the ETG System does
           not allow a patron to play a device prohibited by RCW 9.46.0233(1)(b) and
           RCW 67.70.040(1)(a) (“Play Against the Machine”). An ETG System does not
           allow Play Against the Machine when:
              5.2.1 there is a human dealer involved in the play of the ETG (“Dealer
                    Controlled”); or
              5.2.2 the play of the ETG does not involve a human dealer, and the ETG System
                    is configured for play between two or more patrons against the same roll
                    of dice or spin of the wheel, or a Communal Shoe of electronic cards
                    (“Non-Dealer Controlled”); however, only one patron is needed to initiate
                    game play; or
              5.2.3 it is a hybrid of Dealer Controlled and Non-Dealer Controlled, provided
                    that any ETG played as Dealer Controlled follows applicable Dealer-
                    Controlled standards set forth in this Appendix and any ETG offered as
                    Non-Dealer Controlled follows applicable Non-Dealer Controlled
                    standards set forth in this Appendix.
       5.3 Specific Games
              5.3.1 The Tribe may offer for play an ETG version of any Class III table game
                    approved in Compact Section IV.B. Pay table or odds offered on an ETG
                    must be consistent with game rules as approved in Compact Section XI.C.
                    ETG game rules must be displayed on each ETG Terminal.
              5.3.2 An ETG Terminal may allow for play any other Class III activity as
                    authorized under the Compact, other than the Tribal Lottery System or any
                    Gaming activity with a limited allocation.



Stillaguamish Tribe of Indians—State of Washington Gaming Compact
Appendix G—Electronic Table Games               -3-
               5.3.3 Concurrent play. Patrons may play more than one ETG concurrently using
                     a single ETG Terminal under the following requirements:
               5.3.4 An ETG Terminal must display clear information about each ETG
                     available for play and such information must be available to a patron
                     without the patron first placing a wager.
               5.3.5 An ETG Terminal must display each ETG selected for play by the patron.
               5.3.6 An ETG Terminal must display the decisions and outcomes of play for
                     each ETG selected by the patron.
               5.3.7 An ETG may not be added to or removed from an ETG Terminal in use by
                     a patron.
       5.4 Wager Limits. Wager limits for ETGs shall not exceed $500.
       5.5 Electronic Wagering System. An ETG shall be activated with an Electronic
           Wagering System that meets the standards described in Section 7.1.2 of this
           Appendix. An ETG Terminal shall not issue coin or U.S. currency at the conclusion
           of a patron’s play.

SECTION 6. NUMBER OF GAMING STATIONS

Every nine (9) ETG Terminals shall constitute one Gaming Station. If the number of ETG
Terminals put into play is not perfectly divisible by nine (9), then any remainder less than nine
(9) will constitute a Gaming Station. For example, if ten (10) ETG Terminals are in operation, it
will constitute two (2) Gaming Stations.

SECTION 7. OPERATION AND REPORTING REQUIREMENTS

       7.1 Standards for Operation.
               7.1.1 Any ETG must comply with the standards established by this Appendix
                     and any applicable provision of the Compact, and must meet or exceed all
                     applicable standards of Gaming Laboratories International’s Standards
                     GLI-24 (Electronic Table Game Systems) (“GLI-24”) and GLI-25 (Dealer
                     Controlled Electronic Table Games), as amended or modified. Any
                     standards that contemplate features or functionalities of an ETG System
                     that conflict with Section 5 of this Appendix are not applicable, and such
                     features or functionalities are prohibited.
               7.1.2 Any Electronic Wagering System must meet or exceed Gaming
                     Laboratories International’s Standard GLI-16 (Cashless Systems in
                     Casinos), the standards established by this Appendix, any applicable
                     provision of the Compact, including Cashless Transaction System as
                     defined in Appendix X2, and any related MOU. Provided, any “Cashless
                     Systems in Casinos” that would add money to or take money from a
                     patron’s account without a cashier or kiosk would require negotiations in
                     Compact Section XVII.G.



Stillaguamish Tribe of Indians—State of Washington Gaming Compact
Appendix G—Electronic Table Games               -4-
              7.1.3 The Tribal Gaming Agency and the State Gaming Agency may mutually
                    agree in writing to alternative standards for any ETG System authorized in
                    Section 5 of this Appendix in lieu of the GLI standards described in
                    Sections 7.1.1 and 7.1.2 above that maintain the integrity and security of
                    the ETG System.
       7.2 Internal controls. Prior to offering ETGs for play, the Tribe must implement Internal
           Controls as minimum operating standards to govern the operation and management
           of the ETG System.
              7.2.1 Initial Internal Controls. The Tribal Gaming Agency shall forward to the
                    State Gaming Agency its initial Internal Controls for ETG Systems for
                    review and concurrence per Compact Section XI.A.
              7.2.2 Minimum Requirements. The Internal Controls will address the following,
                    at a minimum:
                      a.      Description of Gaming Employees who perform essential
                              functions, supervisory authority, handling payouts on winning
                              vouchers.
                      b.      User access controls for ETG personnel;
                      c.      Segregation of duties;
                      d.      Procedures for receiving, investigating, and responding to patron
                              complaints;
                      e.      Accounting and audit procedures;
                      f.      Procedures to ensure the physical security of the ETG Systems,
                              including key controls and Closed Surveillance System coverage;
                      g.      Procedures to ensure the integrity and security of all sensitive data
                              and software;
                      h.      Procedures to ensure that access to sensitive data and software is
                              limited to appropriate personnel;
                      i.      Procedures to ensure accurate accounting of wagers and payouts;
                      j.      Procedures to ensure the logging of the events and the availability
                              of records to permit an effective audit of the conduct of the ETG
                              System and the reporting of revenue;
                      k.      All existing Internal Controls are updated, as necessary, to ensure
                              there are no conflicts with any Internal Controls governing ETG
                              Systems; and
                      l.      Any other internal controls deemed necessary by both the State
                              Gaming Agency and Tribal Gaming Agency.
       7.3 Required Reports. Reports necessary to record information as deemed necessary by
           the Tribal Gaming Agency or as required by Internal Controls must be generated.
           These reports may include, but are not limited to, all applicable reports as outlined in
           Section 2.21 of GLI-24.

Stillaguamish Tribe of Indians—State of Washington Gaming Compact
Appendix G—Electronic Table Games               -5-
       7.4 Training. A manufacturer’s prototype (e.g., test cart) of the version of the ETG
           System that will be installed at the Gaming Facility will be delivered to the State
           Gaming Agency for training purposes prior to field testing. The State Gaming
           Agency will collaborate with the Tribal Gaming Agency to provide additional
           training opportunities related to ETG Systems. The Tribal Gaming Agency and the
           State Gaming Agency may mutually agree to an alternative to a prototype.
       7.5 Technical Revisions. The Parties may mutually agree in writing to revise the
           provisions of this Section 7, including revisions to allow alternative technology that
           meets the requirements of Section 7.1, provided any revisions adequately
           preserve and protect the integrity and security of the ETGs and the interests of the
           Tribe and the State to reduce the dangers of unfair or illegal practices.

SECTION 8. APPROVAL OF ELECTRONIC TABLE GAME SYSTEMS

       8.1 Purpose. The general purpose of testing an ETG System pursuant to this Section 8 is
           to determine the compliance of the ETG System with this Appendix and any
           applicable MOU(s).
       8.2 Independent Test Laboratory (ITL) Testing for ETG System, Upgrades, and New
           Equipment; Modifications.
              8.2.1 ITL Requirement. Each new or upgraded ETG System may be offered for
                    play only if it has been tested and certified as meeting the applicable
                    standards of this Appendix and any related MOU by an ITL selected by
                    the Tribe from SGA’s approved ITL list.
              8.2.2 ITL Reports and Certification. At the conclusion of testing, the ITL shall
                    provide to the Tribal Gaming Agency and the State Gaming Agency its
                    certification and supporting documentation. If the ITL provides sufficient
                    documentation that the ETG System or relevant Component has been
                    tested and certified by that ITL in any other jurisdiction and it meets the
                    requirements of this Appendix, without any subsequent modifications, that
                    shall be sufficient to satisfy this requirement.
              8.2.3 Modifications. No substantive modification to any ETG System may be
                    made after testing, certification, and approval without certification of the
                    modification by an ITL. The following modifications are not considered
                    substantive and do not require ITL certification or notification to the State
                    Gaming Agency: (a) changes to content not related to any regulated
                    feature; (b) adding or removing users; (c) any system configuration
                    changes that have no impact on the accuracy of report information
                    including gaming revenue; and (d) minor modifications to hardware.
       8.3 Field Testing for ETG Systems.
              8.3.1 A new ETG System may only be offered for play subject to field testing at
                    the Tribe’s Gaming Facility as described below.




Stillaguamish Tribe of Indians—State of Washington Gaming Compact
Appendix G—Electronic Table Games               -6-
              8.3.2 The terms, conditions, criteria, and objectives for each ETG System to be
                    field tested must be jointly agreed to by TGA and SGA in writing prior to
                    field testing and must include at least:
                      a.     The requirements and standards that must be met to determine
                             successful field testing.
                      b.     The number of ETG Terminals to be included in the field test.
                      c.     The demarcation of the testing area of the gaming floor and
                             necessary signage.
                      d.     The appropriate length of the testing period.
                      e.     Identification of who will receive updates, how the updates will be
                             sent, and when they will be sent.
              8.3.3 Approval.
                      a.     After a minimum of thirty (30) days of active operation of field
                             testing free of substantial errors, the Tribal Gaming Agency and
                             State Gaming Agency may end field testing and approve the ETG
                             System if the final joint field testing report provides, at a
                             minimum, the details of testing, any issues identified, the
                             resolution of those issues, and overall performance and compliance
                             of the ETG System with applicable standards.
                      b.     The ETG System shall be deemed approved after ninety (90) days
                             of active operation unless disapproved in writing by the Tribal
                             Gaming Agency or State Gaming Agency detailing the reasons for
                             disapproval.
                      c.     Field testing may be suspended by the Tribal Gaming Agency,
                             State Gaming Agency, or the manufacturer at any time for non-
                             compliance. Once the Tribal Gaming Agency and State Gaming
                             Agency agree the non-compliance issue is resolved, field testing
                             may resume.
       8.4 Implementation of Approved ETG by another tribe. The Tribe may conduct its own
           field testing period as outlined above or, once field testing is completed for another
           tribe, the Tribe may rely on that testing for approval when its ETG System is the
           same and configured in the same way.

SECTION 9. COMMUNITY CONTRIBUTIONS

“Net Win from Gaming Stations” as used in Section III.F of the Compact shall include Net Win
from ETGs.

SECTION 10. PROBLEM AND RESPONSIBLE GAMING

       10.1 Monetary Contribution. Section 14.4 of Appendix X2, as previously amended, is
            replaced in its entirety to read as follows:

Stillaguamish Tribe of Indians—State of Washington Gaming Compact
Appendix G—Electronic Table Games               -7-
              Problem Gambling. The Tribe shall contribute an amount as described below to
              programs for problem gambling education, awareness, prevention, and treatment
              for tribal and non-tribal citizens in the State of Washington. Contributions shall be
              made to charitable and/or non-profit organizations, or to governmental
              organizations which may include the Health Care Authority’s Division of
              Behavioral Health and Recovery or a successor agency with expertise in
              providing awareness, prevention, education, outreach, treatment, and recovery
              support services for problem gambling. Beginning on the Implementation Date
              and until June 30, 2024, the Tribe shall accrue 0.20 percent (0.2%) of the net win
              derived from all Class III gaming activities, determined on an annual basis.
              Beginning on July 1, 2024, and subsequent fiscal years, the Tribe shall accrue
              0.26 percent (0.26%). The percent of net win accrued shall be paid annually
              within one year of the close of the Tribe’s fiscal year.

       10.2 Commitment to Responsible Gaming. The Tribe and State Gaming Agency
            recognize the importance of responsible gambling as part of the shared
            responsibility to protect the health, welfare, and safety of the citizens of the Tribe
            and of the State. In addition to the requirements of Appendix S, Section 8, the Tribe
            agrees to display a commitment to responsible gambling and a link to the Gaming
            Operation’s responsible gambling policy on each ETG Terminal.




Stillaguamish Tribe of Indians—State of Washington Gaming Compact
Appendix G—Electronic Table Games               -8-


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