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.

Access to Indian land varies
8/4/2008, The Press-Enterprise
In a fight over who can control law enforcement access to the Soboba Indian Reservation, both sides are using the same public law to claim they are right. Public Law 280 mandates that California and a handful of other states police Indian reservations. In states not covered by that law, a tribe's status as a sovereign nation means the tribe enforces laws through its own police agencies or leaves it to federal authorities to do so. The Soboba tribe's relationship with local law enforcement has become increasingly contentious. Deputies killed three tribal members in shootouts this spring on the reservation. County leaders called last week for the tribal chairman to step down.  
 

Public Law 280 Codified at Title 18 Section 1162 8/5/2008, Cornell University Law School
(a) Each of the States or Territories listed in the following table shall have jurisdiction over offenses committed by or against Indians in the areas of Indian country listed opposite the name of the State or Territory to the same extent that such State or Territory has jurisdiction over offenses committed elsewhere within the State or Territory, and the criminal laws of such State or Territory shall have the same force and effect within such Indian country as they have elsewhere within the State or Territory: California All Indian country within the State.  READ THE LAW
Mediator sought to resolve tribal dispute
8/5/2008, North County Times
VALLEY CENTER ---- A federal mediator has been asked to help the San Pasqual Band of Mission Indians' governing board repair a rift centered on the disputed lineage of about 80 tribal members. Without a settlement that restores stability to the five-member governing council, the Bureau of Indian Affairs says continued management of the tribe's Valley View Casino and other operations are subject to federal intervention. The council split last month when one tribal group voted to have the 80 people removed, contending they are descendants of a man they said did not have San Pasqual blood. 
 
Valley View Casino operator seeks to calm investor worries
8/5/2008, San Diego Union Tribune
Save This amicably," said Joe Navarro, the organization's CEO. "Valley View Casino will continue to thrive." On Friday, the local superintendent of the Bureau of Indian Affairs told tribal leaders that their government had collapsed over a membership rift and only tribal governments can operate businesses. The National Indian Gaming Commission, which oversees tribal gambling operations across the country, is looking into the situation with the tribe. 

 
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Voter-backed gaming deal with Sycuan in jeopardy 8/6/2008, San Diego Union Tribune
Overview Background: In February, voters approved expanded gambling compacts for Sycuan and three other tribes. The trade-off - and main pitch to voters - was that the state would receive billions in new revenue. What's changing: Though the governor, Legislature and voters have approved the agreement, Sycuan has yet to ratify its own compact, a move likely to cost the state at least $30 million. The future: The federal government is looking at whether to rescind its approval of the compact because Sycuan hasn't ratified it.

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.   Enrolled and sent to the Govenor.       
 
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.
S. 3320  - Tribal Law and Order Act