Gambling and the Law: Court Rules Tribal Casino is Merely a Casino7/15/2008, Gambling and the Law The federal Court of Appeals has declared that, at least for labor law, tribal casinos are to be treated exactly the same as casinos that are owned by private citizens. In other words, a tribal casino is not a part of a government, but merely just another privately owned business. At a minimum, this means that federal labor law applies to all employees at Indian casinos. This includes the laws surrounding the right to unionize, the major issue of dispute in the fight over new compacts in California.
RED HAWK CASINO OPENS EMPLOYMENT CENTER IN EL DORADO HILLS7/15/2008, Village Life.com Hiring officially kicked off for the Red Hawk casino last week. The 1,750 jobs it brings will make the casino the largest private employer in El Dorado County. Casino general manager Peter Fordham said he'd received 3,000 online applications before opening the job center in El Dorado Hills last Monday, July 7. By Friday he had 5,000 applications on file, and expects a total of 15,000 to 20,000 before the Shingle Springs casino opens in late 2008.
Groundbreaking marks start of Thunder Valley expansion7/15/2008, The United Auburn Indian Community will break ground Wednesday at Thunder Valley Casino near Lincoln on an expansion project that will include construction of a 23-story hotel atop the current gaming facility. Besides the planned five-star, 650-room hotel, the facility will include a convention center, ballrooms, more gaming space, restaurants, a spa, a lounge, a 3,000-seat performing arts center and a parking structure.
S.D. attorney spars with feds over Indian crime 7/14/2008, Rapid City Journal - South Dakota When two Bureau of Justice Statistics reports found that 70 percent of violent crimes against Native Americans were committed by non-natives, South Dakota Attorney General Larry Long had his doubts. Now he has the research to back him up. Long has just completed a study that repudiates the BJS findings, showing instead that the vast majority of homicides and forcible rapes of Native people in South Dakota are committed by other Natives. "I didn't believe for 30 seconds that (what BJS found) would hold true in South Dakota," Long said Monday, "and it turns out, of course, that it didn't." Long's study, titled "Jurisdictional Variation in American Indian Criminal Justice: An Argument for Stronger Understanding and Better Methods," will be published in the fall issue of American Indian Culture and Research Journal.
The Privatization Gamble 7/11/2008, International Gaming and Wagering Considering the size of the state, California's lottery numbers are nothing to brag about. With $3.6 billion in total sales in 2006, the lottery ranked fifth among 42 state lotteries and 30th in per capita sales at $98. While no state has yet taken the privatization plunge, the topic remains hotly debated in state legislatures and governors' offices. Most states are looking at one of three privatization templates: an outright sale for a period of time, outright sale for a period of time with revenue-sharing, or maintaining ownership but handing over management to a private concern in exchange for a percentage of sales in the style of the United Kingdom's National Lottery.
Embeding Social Responsibility 7/11/2008, International Gaming and Wagering Imagine a casino throwing out a player who is gambling too much. It happens. And when thrown out the player might never be able to enter a casino anywhere in the country again. As public officials legalize casinos they should assure that social responsibility pervades the new gambling scene. Concern for troubled gamblers should be part of the regulatory process. But whereas some jurisdictions pay reluctant lip service to such concerns others have shown policy leadership that could serve as a model.
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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
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 1924 - Assembly Member Jeffries Changes the amount of charitable BINGO funds that may be used for overhead and other operational expenses. Amended 6-18-08
AB 2026 - Assembly Member Levine -
The California Gambling Control in conjunction with the Department of Justice, shall authorize and report its findings to the legislature by June 30, 2009, regarding authorizing interstate Internet Poker. Amended 6-18-008
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.
SCA 25 - Sen. Florez -Will allow the legislature, to adjust annually the percentages for prizes, public education, lottery expenses and problem gambling awareness and treatment programs. Introduced 6-6-08
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.
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