Fifth Amendment to Tribal-State Compact for Class III Gaming — Stillaguamish Tribe and State of Washington

Summary

Fifth Amendment to the Tribal-State Compact for Class III Gaming between the Stillaguamish Tribe of Indians and the State of Washington. The introduction says the compact was restated on December 11, 2000, and that at the request of the Tribe the parties negotiated amendments for electronic table games, which the compact currently prohibits on the Tribe’s Gaming Operation. The amendment revises the definitions of “Gaming Station” and “Pit,” changes Compact Section III, D (5) to refer to the International Building Code, and adds Electronic Table Games to Section IV, B. It adds Appendix G—Electronic Table Games, whose sections include Authorization, Number of Gaming Stations, and Problem and Responsible Gaming. The signature blocks name Eric White, Chairman, and Jay Inslee, Governor.

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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 for electronic table games which, despite being authorized to negotiate for tribal
operation pursuant to IGRA, are currently prohibited on the Tribe’s Gaming Operation pursuant
to Compact Section III, L. Prohibited activities. The parties have reached an agreement on

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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

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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

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perimeter of the area.

2. Compact Section III, D (5) is amended to read as follows:
D. Public Health, Safety and Environmental Protection
(5) International Building Code, including codes for electrical, fire, air
quality, and plumbing.

3. Compact Section IV, B, is amended to add:
(4) Electronic Table Games, subject to Appendix G.

4. Appendix X2 is amended to remove Section 14.5.

5. The Compact is hereby amended to add:
Appendix G—Electronic Table Games, in the form attached hereto, in its entirety.

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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: ____________________

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Page 2 of 2
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

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SECTION 2. EFFECTIVE DATE ............................................................................................................. 1
SECTION 3. DEFINITIONS ..................................................................................................................... 1
SECTION 4. AUTHORIZATION ............................................................................................................. 2

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SECTION 5. NUMBER OF GAMING STATIONS ................................................................................ 3
SECTION 6. OPERATION AND REPORTING REQUIREMENTS ................................................... 3
SECTION 7. APPROVAL OF ELECTRONIC TABLE GAME SYSTEMS........................................ 5
SECTION 8. PROBLEM AND RESPONSIBLE GAMING................................................................... 6

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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

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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.

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SECTION 2. EFFECTIVE DATE

The Tribe and State agree that 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).

SECTION 3. 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.

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“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.

“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.

Stillaguamish Tribe of Indians—State of Washington Gaming Compact
Appendix G—Electronic Table Games ‐1‐
“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 4. AUTHORIZATION

4.1 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.

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4.2 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:
4.2.1 there is a human dealer involved in the play of the ETG (“Dealer

4.2.2

4.2.3
AF Controlled”); or
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
it is a hybrid of Dealer Controlled and Non-Dealer Controlled, provided
that any ETG played as Dealer Controlled follows applicable Dealer-

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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.
4.3 Specific Games
4.3.1

4.3.2
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.
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.
4.3.3 Concurrent play. Patrons may play more than one ETG concurrently using
a single ETG Terminal under the following requirements:
4.3.4 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.

Stillaguamish Tribe of Indians—State of Washington Gaming Compact
Appendix G—Electronic Table Games ‐2‐
4.3.5 An ETG Terminal must display each ETG selected for play by the patron.
4.3.6 An ETG Terminal must display the decisions and outcomes of play for
each ETG selected by the patron.
4.3.7 An ETG may not be added to or removed from an ETG Terminal in use by
a patron.
4.4 Wager Limits. Wager limits for ETGs shall not exceed $500.
4.5 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 5. NUMBER OF GAMING STATIONS

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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.

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SECTION 6. OPERATION AND REPORTING REQUIREMENTS

6.1 Standards for Operation.
6.1.1 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

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that conflict with Section 5 of this Appendix are not applicable, and such
features or functionalities are prohibited.
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.
6.1.3 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.

Stillaguamish Tribe of Indians—State of Washington Gaming Compact
Appendix G—Electronic Table Games ‐3‐
6.2 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.
6.2.1 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.
6.2.2 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.
d.

e.
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Segregation of duties;
Procedures for receiving, investigating, and responding to patron
complaints;
Accounting and audit procedures;

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i.
Procedures to ensure the physical security of the ETG Systems,
including key controls and Closed Surveillance System coverage;
Procedures to ensure the integrity and security of all sensitive data
and software;
Procedures to ensure that access to sensitive data and software is
limited to appropriate personnel;
Procedures to ensure accurate accounting of wagers and payouts;

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j.

l.
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;
All existing Internal Controls are updated, as necessary, to ensure
there are no conflicts with any Internal Controls governing ETG
Systems; and
Any other internal controls deemed necessary by both the State
Gaming Agency and Tribal Gaming Agency.
6.3 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.
6.4 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

Stillaguamish Tribe of Indians—State of Washington Gaming Compact
Appendix G—Electronic Table Games ‐4‐
training opportunities related to ETG Systems. The Tribal Gaming Agency and the
State Gaming Agency may mutually agree to an alternative to a prototype.
6.5 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 7. APPROVAL OF ELECTRONIC TABLE GAME SYSTEMS

7.1 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).

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7.2 Independent Test Laboratory (ITL) Testing for ETG System, Upgrades, and New
Equipment; Modifications.
7.2.1 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

7.2.2

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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.

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7.2.3 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.
7.3 Field Testing for ETG Systems.
7.3.1 A new ETG System may only be offered for play subject to field testing at
the Tribe’s Gaming Facility as described below.
7.3.2 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.

Stillaguamish Tribe of Indians—State of Washington Gaming Compact
Appendix G—Electronic Table Games ‐5‐
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.
7.3.3 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

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resolution of those issues, and overall performance and compliance
of the ETG System with applicable standards.
The ETG System shall be deemed approved after ninety (90) days
of active operation unless disapproved in writing by the Tribal

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Gaming Agency or State Gaming Agency detailing the reasons for
disapproval.
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.
7.4 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

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tribe, the Tribe may rely on that testing for approval when its ETG System is the
same and configured in the same way.

SECTION 8. PROBLEM AND RESPONSIBLE GAMING

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. The State recognizes the Tribe’s
efforts to provide responsible gambling awareness and support information on the Gaming
Facility’s website, which includes the steps the Tribe has taken to promote responsible gaming,
problem gambling education and awareness information, and an online application that allows a
patron to start to self-exclude from the Gaming Facility.

To further the commitment to responsible gambling, the Tribe agrees to:
8.1. Display a commitment to responsible gambling and a link to the Gaming Operation’s
responsible gambling policy on each ETG Terminal, cashier station, entrance/exit,

Stillaguamish Tribe of Indians—State of Washington Gaming Compact
Appendix G—Electronic Table Games ‐6‐
TLS Kiosk, and Keno Kiosk, in addition to the requirements of Appendix S,
Section 8. The display will be in a manner determined by the Tribe;
8.2. Include responsible gambling information on Class III Gaming marketing and
promotional materials, in a manner determined by the Tribe; and
8.3. Consider additional ways to address problem gambling behaviors of patrons of the
Gaming Facility in future negotiations.

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Stillaguamish Tribe of Indians—State of Washington Gaming Compact
Appendix G—Electronic Table Games ‐7‐

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