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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. | |
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San Manuel Indian Bingo and Casino and San Manuel Band of Serrano Mission Indians v. National Labor Relations Board Decided February 9, 2007, United States Court of Appeals- District of Columbia Circuit.(mentioned in a recent news story July 15, 2008) The decision of the D.C. Court of Appeals was written by Judge Janice Rogers Brown, formerly of the California Supreme Court, and formerly Gov. Pete Wilson's Legal Affairs Secretary responsible for negotiating for the Governor with the California tribes. Her written opinion, in this decision of the D.C. Court of Appeals, is clear and straight-forward. Judge Brown followed the Bracker test that governs questions of the application of general laws to tribes, namely that whether a law impairs tribal sovereignty requires a particularized inquiry into tribal, federal, and state interests. Judge Brown points out that if there is a constraint on the tribe's governmental powers, it requires a clear expression of Congressional intent to trump the tribe's interests. However, when a tribe goes beyond matters of internal self-governance and enters into off-reservation business transactions with non-Indians, the tribe's interests are at their weakest, and the tribe may be subject to general applicable laws. However, a Tribe may retain its sovereign immunity. When it comes to the casino business, there are fewer tribal governmental interest at stake, and when it comes to protecting fair labor relations, the federal government and the NLRB have strong interests at stake. Using "Bracker test", the court makes it clear that the key interests weigh more heavily on the federal labor law side. Please Read the Ruling | |
Sen. Kyl: Tribes face public safety and health crisis7/22/2008, Indianz.com "Native Americans are facing a public safety and health crisis because of a lack of federal funding. A 2004 report by the Interior Department Inspector General stated that "some [Indian detention] facilities we visited were egregiously unsafe, unsanitary, and a hazard to both inmates and staff alike. [Bureau of Indian Affairs's] detention program is riddled with problems . . . and is a national disgrace." A 2008 Interior report confirms that tribal jails are still grossly insufficient, stating that: "[o]nly half of the offenders are being incarcerated who should be incarcerated, the remaining are released through a variety of informal practices due to severe overcrowding in existing detention facilities."
Huffman warns about casino deal7/21/2008, Marin Journal A deal that Marin County supervisors have negotiated with the Federated Indians of Graton Rancheria regarding casino development in Marin and Sonoma is misguided, Assemblyman Jared Huffman, D-San Rafael, said. The legal agreement, which supervisors will consider approving Tuesday, would preclude Marin from legally challenging a Bureau of Indian Affairs decision that allowed the tribe to take into trust 254 aces of land in Rohnert Park. The decision would let the tribe build a casino, large hotel and entertainment center without being subject to local zoning laws or environmental review.
Straight ahead, traffic circles in Cabazon, other Inland areas7/20/2008, The Press-Enterprise CABAZON - They are common in Europe and on the East Coast, but with few exceptions are rare in Southern California. Their scaled-down versions are a frequent feature of some gated communities and newer commercial shopping areas in the Inland area. But now more drivers will get a chance to try one out. A new pair of two-lane roundabouts, sometimes called traffic circles, opened July 11 at the Apache Trail exit to Interstate 10 in Cabazon by factory outlet stores and the Morongo Casino, Resort & Spa.
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SENATE HEARING: TRIBAL COURT AND THE ADMINISTRATION OF JUSTICE IN INDIAN COUNTRY
SENATE HEARING: Senate Finance hearing on Indian tax policy The Senate Finance Committee held a a hearing this morning on Indian tax policy. The hearing started at 10am and lasted about an hour. You can download audio clips from this link. 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
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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