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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