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.

Barona Band of Mission Indians vs. California Board of Equalization
June 18, 2008, United States Court of Appeals - 9th Circuit  We must decidewhether a non-Indian contrctor who purchases construction materials from non Indian vendors, which are later delivered to a construction site on Indian land, is exempt from state sales taxes.  Where the Tribe has invited commercial activity onto its territory for the purpose of marketing a sales tax exemption to non Indian businesses who would otherwise be liable for the state tax under laws of general applicability.  We therfore remand for judgment to be entered in favor of the members of the CALIFORNIA STATE BOARD OF EQUALIZATION.  

 

Barona Indian band told to pay overdue taxes
6/19/2008, San Diego Union Tribune
FEDERAL COURT: The Barona Indian band tried to illegally shield subcontractors for its $75 million casino expansion project from sales taxes in 2001 and will now have to ante up the overdue taxes, a federal appeals court ruled yesterday. The 9th U.S. Circuit Court of Appeals called the tribe's efforts an "end run" around state taxes designed to give it a competitive advantage.

Sycuan withholds gambling pact OK
6/19/2008, San Diego Union Tribune
SACRAMENTO - As four California Indian tribes waged one of the most expensive ballot fights in U.S. history last winter, they promised that gambling deals hanging in the balance would pay the state a huge bounty, more than $10 billion over 23 years.

Lawsuit aims to stop casino threat6/19/2008, ARGUS-COURIER
Efforts to stop a gigantic, Las Vegas-style casino complex from being built in Rohnert Park have been disappointing to date. But a lawsuit filed earlier this month could slow the momentum of casino developers and buy time for opponents to halt this massive project that would cause extensive and irreparable harm to Sonoma County residents. The suit, filed by Stop the Casino 101 coalition, charges that the Department of the Interior violated the U.S. Constitution when it took 254 acres of land into trust for the Federated Indians of Graton Rancheria last month.  
 
Station Casinos honchos hit the jackpot in '076/18/2008, Las Vegas Sun
In a class of their own: Station Casinos Chief Executive Frank Fertitta, who in 2007 made $122.4 million in exercised options and vested stock. He made another $3.5 million in other compensation. Similarly, Station President Lorenzo Fertitta earned $111.5 million from the value of stock and options, plus another $2.3 million in other compensation. Their big paydays came after Station Casinos was purchased for $9 billion and taken private by Colony Capital.

COMMERCIAL BRIBERY SCHEME AT CAL CASINO
6/18/2008, Mean Streets Blog
While Special Agents from the Riverside Office of the Bureau of Gambling Control (BGC) were investigating several management employees of the Pechanga Resort and Casino, the Agents uncovered evidence that floor supervisor, Kathy Zhou, who was recently suspended from her job, was charging casino job applicants $3,000 each to falsify their job applications to secure employment.

NIGC Announces 2007 Indian Gaming Revenues
6/18/2008, National Indian Gaming Commission
Washington, DC, June 18, 2008 - Philip N. Hogen, Chairman of the National Indian Gaming Commission (NIGC), announced today that net revenues from Indian gaming continue to grow, increasing 5% from 2006 and generating $26 billion in revenues in 2007.Region II, consisting of California and northern Nevada, had only a 1.6% increase in revenue but still saw the biggest revenues of NIGC's six regions, increasing to $7.8 billion in 2007 from $7.7 billion in 2006.



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Comments Due: Off Reservation  228.04 acre trust acquisition and construction of casino project to be located within the City of Plymouth in Amador County, California.Mail comments to Amy Dutschke, acting Regional Director, Pacific Regional Office, BIA, 2800 Cottage Way, Sacramento, CA. 92825. Written comments will be accepted through July 2, 2008,
 

Upcoming 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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State Legislation to Watch

AJR 39 -  Assembly Member Huffman

Reaffirmation of the Winneman Wintu.  

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.

SB 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 ensure 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:  requiresthat 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. Bill passes the Senate.
SCA 20 -Sen.  Vincent - Constitutional Amendment authorizes Roulette and Craps on California Indian lands for compact tribes.

 

Federal Legislation to Watch 

H. R. 2963 - Congressman Issa Transfers without regulatory environmental process 1,178 ac. in Riverside and San Diego Counties to the Pechanga Band.  Why?
H.R. 3490 - Congressman Radanovich
Declares that 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.
H. R. 5680 Congressman Grijalva - A bill to extend leases for Morongo and transfer money to CRIT.
S. 2676 - Senator Vitter - Common Sense Indian Gambling Reform Act of 2008. To make technical corrections to IGRA. Consultation with local government.