6.

program.

Section 109.9(1)(4) is amended by deleting the existing text thereof in its entirety,

and inserting the following in its place:

7.

4. The Gaming Enterprise shall spend annually an amount that is no
less than one-quarter of one percent (.25%) of its net win as that term is defined in
the Compact, to fund or support programs for the treatment and assistance of
compulsive gamblers in New Mexico or who patronize New Mexico gaming
facilities, and for the prevention of compulsive gambling in New Mexico; and
shall require that a substantial portion of such funds be distributed to an
organization that has expertise in and provides counseling, intervention or other
services for compulsive gamblers in New Mexico, and whose services are
available to all persons without regard to race or tribal membership. Expenditures
for the training, referrals and other measures required by this subsection shall be
considered part of the required expenditures. The Gaming Enterprise shall
provide to the Commission an annual accounting of the expenditures required
hereunder by no later than ninety (90) days after the end of the calendar year to
which the accounting pertains, and such accounting shall also be made available
to the State Gaming Representative, upon reasonable request.

Section 109.9(L) is amended by deleting the semicolon after the word

“requirement”, and all of the text after the semicolon to the final period.

8.

Section 109.9(M) is amended by deleting the existing text thereof in its entirety,

and inserting the following in its place:

9.

M. Payout Requirement. Every gaming device in use at a Gaming
Facility shall pay out a mathematically demonstrable percentage of all amounts
wagered, which must not be less than eighty percent (80%), as determined by a
nationally certified gaming device testing laboratory, and the Gaming Enterprise
shall prominently post in visible locations within the Gaming Facility notices
stating that the Gaming Enterprise is in compliance with this requirement, and
shall provide a comprehensible explanation of the meaning of this requirement.

Section 109.10(C) is amended by adding a new sentence at the end thereof,

reading as follows: “Unless the Pueblo has elected to participate in a state program for
unemployment insurance or workers’ compensation, an employee may appeal an adverse
determination on the employee’s claim for unemployment benefits or workers’ compensation
benefits by initiating an action against the Gaming Enterprise and the insurer, within thirty (30)
days of such determination, in the Santa Clara Tribal Court, which court shall hear the matter as
an ordinary civil action.”


Exhibit A

AMENDMENTS TO SANTA CLARA GAMING CODE
adopted by Resolution No. 08 -03, February 19, 2008

The Santa Clara Pueblo Gaming Code is hereby amended as follows:

1.

Section 109.7(A)(1) is amended by changing the final period thereof to a comma,

and adding the following language: “but provided that no such extension may be granted in the
case of a person who by virtue of his or her position is deemed to be a Key Employee or Primary
Management Official.”

2.

Section 109.7(B)(1) is amended by deleting the existing text thereof in its entirety,

and inserting the following in its place:

3.
“five (5).

4.

1. Each applicant for a Gaming Employee license from the Commission shall
submit an application, before commencing employment, on the form prescribed
by the Commission, including all of the information required by the Compact, this
Code, and by IGRA, and such additional information as the Commission may
reasonably determine by regulation to be necessary or helpful to the licensing
process.

Section 109.8(A) is amended by changing “six (6)” in the final sentence thereof to

Section 109.9(B) is amended by deleting the existing text thereof in its entirety,

and inserting the following in its place:

5.

B. Centralized Computer Monitoring of Electronic Gaming Devices.

Every electronic gaming device in use in the Gaming Facility shall be connected
to a central computer within the facility, which computer shall continuously
record the gaming activity of each device, and that data shall be accessible to the
State Gaming Representative, in accordance with the standards, restrictions and
requirements set forth in the Compact.

Section 109.9(H) is amended by deleting the existing text thereof in its entirety,

and inserting the following in its place:

H. Inducements to Patrons to Game. The Gaming Enterprise shall not
provide, allow, contract to provide or arrange to provide alcoholic beverages for
no charge or at reduced prices, or provide, allow, contract to provide or arrange to
provide food or lodging for no charge or at nominal prices, at a Gaming Facility or
a lodging facility, as an incentive or enticement for patrons to game, except that
nothing herein shall prevent the Gaming Enterprise from providing rewards to
patrons in exchange for points or credits accrued under any form of a players’ club



10. Anew section 109.12 is added, reading as follows:

Sec. 109.12 Facility Standards

Every Gaming Facility licensed hereunder shall be constructed and maintained in
full compliance with the standards and requirements of the National Electrical Code, the
Uniform Building Code, the Uniform Mechanical Code, the Uniform Fire Code and the
Uniform Plumbing Code, as those Codes have been adopted or apply within Santa Fe
County, New Mexico; but nothing herein shall be construed as conferring on any state or
local political subdivision of the state any jurisdiction or authority to enforce any such
Code on Santa Clara Lands.


NAL I
4° No,

cS

9.
‘ Ng

Sy

“On

"Ng comm”

May 19, 2008
VIA FACSIMILE AND U.S. MAIL

J. Michael Chavarria, Governor
Pueblo of Santa Clara

Office of the Governor

P.O. Box 580

Espanola, NM 87532

Fax: (705) 753-5375

Re: — Request for approval of amendment to Santa Clara Gaming Code
Dear Governor Chavarria:

This letter responds to your request to the National Indian Gaming Commission (NIGC) to
review and approve the amendment to the Santa Clara Pueblo (Pueblo) Gaming Code. On
February 19, 2008, the Pueblo’s Tribal Council amended its Gaming Code by Resolution No.
08-03. The amendment was submitted to the NIGC on March 4, 2008, and received by the
NIGC on March 7, 2008.

The amendment is consistent with the requirements of the Indian Gaming Regulatory Act
(IGRA) and NIGC regulations, therefore it is approved. However, in reviewing the
amendment and considering many other ordinances and amendments that have been
submitted and approved for other tribes, my staff identified several areas in which the Gaming
Code may be made more useful. The Office of General Counsel will be forwarding you a
letter identifying recommended revisions that I encourage you to consider. As always, please
feel free to seek assistance from my staff in this, or any other gaming related matter.

Thank you for your submission. If you have any questions or require assistance, please
contact Staff Attorney Esther Dittler in the Office of the General Counsel, at (202) 632-7003.
ee

aa
Sincerely,

Philip N. Hogen
Chairman

ce: Richard W. Hughes

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NIGC.Gov

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK


WAR = 7

SANTA CLARA INDIAN PUEBLO

POST OFFICE BOX 580 ESPANOLA, NEW MEXICO
(505) 753-7326 87532

(505) 753-7330
OFFICE OF GOVERNOR

PUEBLO OF SANTA CLARA TRIBAL COUNCIL
RESOLUTION NO. 08-_¢.3

AMENDING THE SANTA CLARA GAMING CODE

WHEREAS, in 2007 the Pueblo and the State of New Mexico negotiated a number of
amendments to the 2001 Tribal-State class III Gaming Compact, which amendments were
approved by the Secretary of the Interior and are now in effect; and

WHEREAS, a number of those amendments necessitate changes in the text of the Santa
Clara Pueblo Gaming Code, so as to conform those provisions with the new Compact provisions;
and

WHEREAS, the Tribal Council has been advised by the National Indian Gaming
Commission (“NIGC”) that in two relatively minor respects, the Pueblo’s Gaming Code needs to
be amended to conform with certain provisions of the Indian Gaming Regulatory Act (“IGRA”),
and regulations issued thereunder; and

WHEREAS, the Santa Clara Pueblo Gaming Commission (“SCPGC”) has requested that
the Tribal Council enact certain other amendments to the Gaming Code; and

WHEREAS, the Pueblo’s general counsel has prepared a set of amendments to the
Gaming Code meeting the requirements of the new Compact amendments and of the NIGC, and
responding to the requests of the SCPGC, and they have been reviewed by the Tribal Council
and found to be in the best interests of the Pueblo;

NOW THEREFORE BE IT RESOLVED, by the Tribal Council of the Pueblo of Santa
Clara, as follows:

1, The proposed amendments to the Santa Clara Pueblo Gaming Code, as shown on
Exhibit A, attached hereto, be and the same are hereby adopted by the Tribal Council.



2. The Governor and the Pueblo’s general counsel are directed to submit these
amendments to the Chairman of the National Indian Gaming Commission for his approval, as
required by IGRA.

CERTIFICATION

I, the undersigned, as Governor of the Pueblo of Santa Clara, hereby certify that the Santa
Clara Tribal Coyncil, at a duly called meeting that was convened with proper notice and was
held on the |4** day of _ Felauary , 2008, at the Santa Clara Pueblo, New Mexico, a
quorum being present, approved the foregoing Resolution with _{{_ members voting in favor,
_ O opposed, abstaining and _O__ being absent.

fila Chowonie

JNMichael Chavarria, Governor

t
}

Tribal Secretary