Stand Up for California! is a statewide organization with a focus on gambling issues including tribal gaming, card clubs, horse racing, charitable gaming and the state lottery.

Tribal Court Jurisdiction Debated:

Supreme Court takes up tribal jurisdiction case
4/15/2008, Indianz.com
The following commentary was written by Gavin Clarkson (Choctaw), an assistant professor at the University of Michigan. He attended yesterday's oral arguments on behalf of Indianz.Com. As I walked into the U.S. Supreme Court chambers for the oral argument of Plains Commerce Bank v. Long Family Land & Cattle Company, I was filled with a sense of foreboding. The last time I attended oral argument was in 2001 for Nevada v. Hicks. After that awful experience, I was not hopeful that this time would be different. Given the clear facts in this case and a string of victories for tribal court jurisdiction in four lower court proceedings, many in the Indian law community feared that the only reason the justices took the case was to wreak havoc upon tribal court jurisdiction.

What Would a Scalia-Alito Corporation Sell?
4/15/2008, Legal Times
The first Supreme Court oral argument Monday morning was all about Native American law and the jurisdiction of tribal courts. But Chief Justice John Roberts Jr. took the debate in an unexpected direction -- across the Atlantic to southern Europe. The issue in Plains Commerce Bank v. Long Family Land & Cattle was whether tribal courts have jurisdiction over a dispute between a nontribal bank and a company that is majority Indian-owned. More than 51 percent of the owners of the South Dakota ranching company in the case are members of the Cheyenne River Sioux Tribe, and, as such, the company was entitled to loan guarantees from the Bureau of Indian Affairs.

BINGO Expansion Delayed

Lawmaker delays attempt to expand bingo for charities
4/15/2008, San Diego Union Tribune
SACRAMENTO - A bingo-expansion bill backed by the Catholic Church and other charities has been shelved in the face of stiff opposition from California's powerful gaming tribes. Sen. Gil Cedillo, D-Los Angeles, canceled a public hearing set for today on a measure to allow churches, charities and nonprofits to run interconnected games that could offer prizes well above the current $250 limit. Cedillo said he has not given up on the legislation, SB 1328, and will take time to meet with Indian tribal leaders in an effort to allay their concerns.

 

 


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Upcoming Hearings

Public Comment Deadline: Off Reservation Proposal -of the Enterpise Rancheria proposed fee to trust land acquisition of 40 acres and the subsequent development of an off reservation casino resort complex in Yuba County. Mail comments to Amy Dutschke, acting Regional Director, Pacific Regional Office, BIA, 2800 Cottage Way, Sacramento, CA. 92825. Written comments will be accepted through May 5, 2008.
 
Public Comment Deadline:  Comments on the Final EIS for the Scotts Valley Casino in the City of Richmond. Mail comments to Amy Dutschke, acting Regional Director, Pacific Regional Office, BIA, 2800 Cottage Way, Sacramento, CA. 92825. Written comments will be accepted through April 28, 2008.
 

Upcoming Conference

International Masters of Gaming Law Conference, May 21-23, 2008. Villagio Inn & Spa, Napa Valley, California. Register online: www.imglconference.com/conference.htm
 

North American Regulators Association

June 10-13, 2008  Register on Line:  www.nagra.org
 

22nd National Conference on Problem Gambling.  

June 26-28, 2008,
Long Beach, California.  Register online:
www.ncpgambling.org/conference
 
INDIAN COUNTRY'S WINNING HAND, October 16-17, 2008, Radisson Fort McDowell Resort & Casino Scottsdale/Fountian Hills, Arizona. Register online: www.law.asu.edu/ilp
 
 

LINKS and Legislation

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Stand Up For California - Library

Stand Up For California - Helpful Links

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State Legislation to Watch

AJR 39 -  Assembly Member Huffman

Reaffirmation of the Winneman Wintu.

AB 1314 -Assembly Member Strikland

BINGOAn Act to amend section 326.5 of the California Penal Code.

AB 1924 - Assembly Member Jeffries Changes the amount of charitable BINGO  funds that may be used for overhead and other operational expenses.

AB 2026 - Assembly Member  Levine -

The California Gambling Control in conjunction with the Department of Justice, shall perform a study and report its findings to the legislature by June 30, 2009, regarding authorizing interstate Internet Poker.

AB 62 - Sen. Florez - Permits the transfer of funds from the General Fund to the Revenue Sharing Trust Fund for eligible recipient tribes should there be insufficient funds in the Special Distribution Fund.

SB 331 -Sen.  Romero - Imposes a state mandated local program to address tresspassers on tribal lands

SB 996 Sen. Florez - This bill would require each tribal state gaming compact entered into between the State of California and a federally recognized Indian Tribe to be ratified by the Legislature in Separate Statute. 

 
 SB 1201 - Sen. Battin Increases the aggregate limit of gaming devices licenses available for issuance under the 1999 compacts to 122,000 slot machines without tribal state compact renegotiations.
 
SB 1328 - Sen.  Cedillo - deletes the $250 limitation on bingo game payouts, thereby allows for an award of any denomination.
 
SB - 1570 - Sen. Vincent - Requires the Governor to use best efforts to enusre that satellite wagering on horese racing is one of the forms of gaming offered at any gambling facility authorized under a compact.
 
 
SB 1626 - Sen. Steinberg -Game of Bingo to be played by machine with electronic cards.  Slot machines?
 
SB 1679 - Sen. Florez - Lottery Reform Bill:  requires that not less than 87% of revenues be used for prizes and to benefit education, 13% for lottery expenses. Total revenue to education will be decided by the Commission but not less than 1,200,000,000. Requires 1 million to be committed to the Office of Problem and Pathological gambling. Defines, expands and loosens restrictions of lottery game themes.
 

SB 1695 - Sen. Florez - Prohibits the Governor from negotiating or concluding a gaming compact with a tribe that does not have land held in trust on which the gaming is to occur and that is not federally recognized.

 

SCA 20 -Sen.  Vincent - Constitutional Amendment authorizes Roulette and Craps on California Indian lands for compact tribes.

 

Federal Legislation to Watch 

H.R. 3490 - Congressman Radanovich
Declares taht specificed federal lands are to be held in trust by the US for the benefit of the Tuolumne Band of Me-Wuik Indians  for non gaming purposes.
H.R. 5608 Congressman Rahall - mandates that adminstration directly consults with tribes on policies that directly affect their lives.
S. 2676 - Senator Vitter - Common Sense Indian Gambling Reform Act of 2008. To make technical corrections to IGRA. Consultation with local government.
 
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Last sessions legislation rumored to have legs.

H. R. 3709To authorize inter-tribal transfers of authority in leases between the Ewiiaapaayp Band of Kumeyaay and the Viejas Band of Kumeyaay, and for other purposes. (Introduced in House October 1, 2007)

S. 1347 - Sentaor Feinstein: A bill to amend the Omnibus Indian Advancement Act to modify the

date as of which certain tribal land of the Lytton Rancheria of California is deemed to be held in trust and to provide for the conduct of certain activities on the land.  Passed the Senate 11-6-07 and sent to the House.

Rule Making

http://thomas.loc.gov/

Guidance on taking off reservation land into trust for gaming purposes
Jan 3, 2008, 
Carl Artman, Asst. Secretary of the Interior, BIA

 
Proposed Rule - Secretarily Approval of Compacts within 45 Days
Feb. 11, 2008, Asst. Secretary - Carl Artman - Dept. of the Inter
 
Notice of Approval of Class III Tribal Gaming Ordinances
3/30/2008, Federal Register 3-17-2008 NIGC
SUMMARY: The purpose of this notice is to inform the public of class III gaming ordinances approved by the Chairman of the National Indian Gaming Commission. EFFECTIVE DATE: This notice is effective upon date of publication in the Federal Register.