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Home My WebLink AboutMINUTES - 09142004 - SD5 Jr a t TO: BOARD OF SUPERVISORS CONTRA COSTA FROM: Gayle B. Uilkema,Supervisor District 11 COUNTY DATE: September 14, 2004 SUBJECT: Oppose Proposition 68 and Proposition 70,Regarding.Tribal and Non-Tribal Gaming Rights SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION RECt111r MENRAT IO N(S�: 1. OPPOSE Proposition 68, which would allow specified racetracks and card rooms to operate slat machines if all tribes do not agree to specified revisions to existing state-tribal Indian Gaming compacts, as recommended by CSAC. 2. OPPOSE Proposition 70, which would expand the rights of Indian tribes to conduct gambling operations and abrogate the current state-tribal gaming compacts, as recommended by CSAC. BACK GROUNDIREASON(S)FOR RECOMMENDATION(S): The number of Indian gaming casinos in California has mushroomed in recent years. As of November 2003, there were 53 fully operational casinos in California with another 26 proposed. The number of casinos could increase even more, since there are 108 federally recognized tribes in California that are eligible to develop casinos. In Contra Costa County, there are currently three casing proposals: the Lytton R:ancheria in the City of San Pablo, the Scotts Valley Band of the Pomo Indians in North Richmond and the Guidiville Band of the Pomo Indians at Point Molate in the City of Richmond. CONTINUED ON ATTACHMENT: �YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR_Rt-COMMENDAMON OF BOA MMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON °' APPROVED AS RECOMMENDED OTHER X,' APPROVED the recommendations; and DIRECTED that today's action be cormMmicated to the Coi` t'y"E pei visors Association of California. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS(ABSENTS 1 TRUE AND CORRECT COPY OF AN AYES. NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact.Sara Ho frnan,335-4080 ATTESTEi v cc. CAO JO—HOS) EITEN,CLERK OF CSAC THE BARD OF SUPERVISORS UCC AND COUNTY ADMINISTRATOR State Lobbyist BACKOROUN`D/REASON(S) FOR RECOMMENDATIONS (cont'd) Indian gaining became legal in California with the adoption of Proposition l A in 1999, which permitted Indian gaming on tribal land if the tribe entered into agreement with the State (state-tribal compacts). While these compacts required:tribes to prepare an environmental study analyzing the impacts on the surrounding area of any new or expanded gambling facility, they did not provide for mitigation, such as the impacts on traffic, roads, crime or increased demands for health and social services. Some tribes have provided mitigations to local jurisdiction. .However, in many areas local taxpayers have had to finance the increased demand for local government services and infrastructure. In 2044, five trines agreed to amendments to their 1999 compacts. From a local government perspective, these compacts are far superior since they require tribes to: (1) provide more detailed environmental studies; (2) negotiate with local governments regarding payments addressing the impacts of the gambling facilities on local communities; and(3)other provisions related to patron disputes, building codes and labor relations. Proposition 68 -- Proposition 68 would require all tribes with compacts to agree to pay 25% of their "net win„ to the Gambling Revenue Trust Fund (a state fund established by the measure) and comply with certain laws, including those governing environmental protection, gambling regulation and political campaign contributions. if all tribes do not agree to these revisions, the measure would allow five existing racetracks and 1 I existing card rooms to operate up to 30,000 slot machines. This measure is being sponsored by the racetrack/card room industry. Proposition 74 — Proposition 70 amends the State Constitution and State statutes to require the governor to amend an existing compact or enter into a new compact with any tribe within 90 days of the tribe's request. In addition, the compact would need to include certain provisions, including: payments to the State no greater than the corporate rate pard by private businesses (currently 8.4%); expand authorization of the types of gambling, i.e., roulette, craps and any other farm of casino gambling; eliminate the 1999 compact limit on the number of slot machines, facilities and casinos a tribe can operate; set the term of the compacts at 99 years; and require preparation of environmental impact study of any new or expanded gambling facility. Proposition 70 would essentially abrogate the progress made under the 2004 tribal-state compacts to provide for mitigation of the impact of the casinos on the local community and to limit the extent of gambling allowed at an Indian gaining casino. Proposition 70 is being sponsored by a coalition of Indian tribes. Both Proposition 68 and Proposition 70 would obviate the progress made under the 2004 compacts in the State's effort to control Indian gaining and ensure appropriate mitigations. Propositions 68 and 70 are opposed by the California State Association of Counties (CSAC), the League of California Cities, Governor Schwarzenegger, the California District Attorneys Association, the California State Sheriffs Association, the California Taxpayers Association, the California Peace Officers Association and many other civic groups. ........I...................................................................................................................................................................... .................................................................................................... . . ... . .............. JOIN a Better Deal for bet a Better D for CaliforniaCarifor ia Vote NO on Prop . 70 Get a Better Deal for California August 12 , 2004 Governor Srhwarzenegger's Committee for Fair Share Gaming Agreements The Facts about the So-Called Indian Gaming Fair Share Revenue Act This measure is not what it seems. Several wealthy Indian gaming tribes supporting Proposition 70 want you to believe the initiative forces tribes to"pay their fair share." The truth is the initiative gives these tribes a 99-year monopoly on gambling without ever having to pay their fair share in revenues to the state. Further, the measure will allow tribes to massively expand their gambling operation by operating an unlimited number of casinos. And according to newspaper reports, these tribes will spend over$50 million to convince you to support this sweetheart deal. Governor Schwarzenegger recently negotiated new agreements with several tribes that are a winner for tribes and taxpayers. Unfortunately, Proposition 70 effectively destroys these new agreements. Proposition 70 claims that tribes will pay a percentage of their profits to the state, but it prohibits the state from auditing the casino books. Without a state audit, taxpayers will never know if they are getting a fair deal or a raw deal. The Facts about Proposition 70: Fact: This measure promises that tribes will pay revenue to the state but prohibits the state from auditing the casino books. Fact: This measure will allow tribes to massively expand their gambling operations by opening an unlimited number of casinos. Fact: This measure gives tribes a 99-year monopoly on gambling in California. Fact: This measure will allow tribes to manipulate their net income to pay next to nothing to the state. Fact: This measure encourages tribes to put casinos in our state's major cities, increasing crime and traffic congestion. Fact: This measure does not provide any money for law enforcement, environmental impacts or transportation. Fact: This initiative is strongly opposed by Governor Schwarzenegger, the California Police Chiefs Association, and the California State Sheriffs'Association, among others. Fact: if this measure passes, it will be almost impossible to change. A 99 year monopoly for unrestricted gambling? NO. Absolutely not. Fair to the Tribes,Fair to the Taxpayers No on Gaming Expansion, No on proposition 70 No on Proposfttons 68 and 70—Governor Schwarzenegger's Committee for Fair Share Gaming Agreements with major funding from the Governor Schwarzenegger California Recovery Team 1415 L Street,Suite 1245 Sacramento,CA 95814 * 916-551-1383 www.no68and7O.ora*FPPC 1i7#1266181 Article published Jul 20, 2004 Report: Prop. 70 provides less money than new deals with tribes By CHRIS T. NGUYEN Associated Press Writer LOS ANGELES A gambling initiative would provide millions of dollars less for local governments and also less money to the state than the new compacts Gov. Arnold Schwarzenegger signed with five tribes, according to a state report released Tuesday. Unlike the governor's revised gambling agreements, Proposition 70 does not require casino-owning tribes to negotiate with neighborhoods on reducing problems, including crime and traffic, thus providing less money to communities, a report by the nonpartisan Legislative Analyst's Office said. However, the report's author, analyst Michael Cohen said no dollar figure is attached to the report because the amount would be determined by additional slot machines operated by the tribes. Gene Raper, a consultant for Proposition 70, estimated the initiative would provide $500,000 annually. Proposition 70, sponsored by the Agua Caliente Band of Cahuilla Indians, would require tribes to pay about 8.8 percent-the tax rate for California corporations - of their casino earnings to the state. In return, tribes would be allowed to operate as many slot machines as they want beyond the 2,000 limit and also games now banned in the state, including craps and roulette. Schwarzenegger wants to defeat Proposition 70 and a separate gambling initiative on the November ballot, saying both threaten to derail his ongoing negotiations with tribes to share gambling revenues with the state in exchange for expanded gambling rights. "This initiative would allow for unlimited expansion of gaming for a 99-year period while removing any ability for the state to guarantee important protections for local communities," said Schwarzenegger spokesman Vince Sollitto. Last month, the governor reached new compacts with five tribes: the Pala Band of Mission Indians, the Rumsey Band of Wintun Indians, the United Auburn Indian Community, the Viejas Band of Kumeyaay Indians and the Pama Band of Mission Indians. The deal was designed to give the state $150 million to $200 million annually in return for allowing those tribes to operate additional slat machines beyond the current limit. The tribes are also paying $1 billion this year for state road projects. The report said Proposition 70 would also provide less money to the state than Schwarzenegger's new agreements. I'll.,...11.1.....-........................................................................................................................................................................ ........................................................................................................................................................................................... Governor Schwarzenegger's Committee for Fair Share Gaming Agreements The Facts about Proposition 70 Why Local Governments Should Vote NO This measure is not what it seems. Several wealthy Indian gaming tribes supporting Proposition 70 want You to believe the initiative forces tribes to"pay their fair share." The truth is the initiative gives these tribes a 99-year monopoly on gambling without ever having to pay their fair share in revenues to the state. Further, the measure will allow tribes to massively expand their gambling operation by operating an unlimited number of casinos. Governor Schwarzenegger recently negotiated new agreements with several tribes that are a winner for tribes and taxpayers. Unfortunately, Proposition 70 effectively destroys these new agreements. Proposition 70 claims that tribes will pay a percentage of their profits to the state, but it prohibits the state from auditing the casino books. Without a state audit. will never know if they are netting a fair deal or a raw deal. What theIndependentLegislative Analysts' Office Says About ... Governor Schwarzenegger's Renegotiated Compacts.- "Over time it is likely that additional tribes will seek amendments to their compacts similar to those agreed to by five tribes earlier this year. These amendments would allow tribes to exceed their current limit of 2,000 slot machines. As a result over the next few years,(absent any changes)the state would likely experience: • Increased state revenues in the hundreds of millions of dollars annually, • Inereasa Payments to local government to address the impacts of gambling on communities in the millions of dollars annual Proposition 70. "To the extent that tribes opted to except this measure's provision rather than those of the 2004 compacts, they would not be subject to the requirement for negotiations with local governments concerning community impacts. As a result,local governments would likely receive less in payments from tribes. The amount of any such reduction is unknown but likely to be in the millions of dollars annually." "Tribes under this measure would not be subiect to several provisions in the 2004 compacts,such as requirements for more extensive environmental reviews and nmotiations with local Roveniments." Join the California Taxpayers Association, the California Taxpayer Protection Committee, the California State Sheriffs' Association, the California Police Chiefs' Association, the California District Attorneys' Association and many others in opposition to Proposition 70. Fair to the Tribes,Fair to the Taxpayers No on Gaming Expansion,No on Proposition 70 No an Propositions 68 and 70—Governor Schwarzonegger's Committee for Fair Share Gaming Agreements with major funding from Governor Schwarzeneggees California Recovery Team 1416 L Street,Suite 430 Sacramento,CA 95814 * 916-661-1383 www.no68and7O.org*FPPC lD#1266181 ''I'll-..''...........I.................................................................................................................................................................................... ................................................................................................................ .. ... Governor Schwarzenegger's Committee for Fair Share Gaming Agreements Questions and Answers - No on 68 and 70 MESSAGE FROM GOVERNOR ARNOLD SCHWARZENEGGER: I am officially opposed to Proposition 68 and 70 and I strongly encourage you to VOTE NO." QUESTIONS ABOUT PROPOSITION 68: QUESTIONS ABOUT PROPOSITION 70: Why Is Prop 68 beaded to the ballot? Doesn't Prop 70 ensure that Indian casinos pay their fair share of revenues just like every Commercial gambling interests and foreign and other business? out-of-state racetrack owners are trying to market the so-called, "Gaming Revenue Act" as a way to No. Proposition 70 does not allow for the state to help foster kids,law enforcement and firefighters. audit the books of the Indian casinos, This means taxpayers will never know if they are getting a fair But don't be fooled. The only reason for 68 is to deal or a raw deal. They could end up paying next increase 2rofits for those bankrolling it, by adding to nothing. casino-style gambling at their own clubs and tracks. What does Prop 70 really do? What does Prop 68 really do? The wealthy Indian gaming tribes behind Prop 70 want you to believe this measure will force tribes to It may be dressed up as a way to help foster kids, pay their fair share." firefighters and law enforcement, but what it really does is give these 16 card clubs and horseracing The truth isthat itgivesthese Indian garnhn tribes tracks the right to install 30 000new stat machines a 99-year monopoly on rumbling without ever at their facilities. And because of the extremely having toy their fair share to the state. If Pro restrictive conditions it would place on allocation of 70 passes,it will be almost impossible to change. revenues, most worthy agencies could be left out in the cold—and the ones that receive funds could Will Prop 70 result in an expansion of gaming? wind up having to spend more than they get. Yes. The measure removes existing limitations on What's the Impact on law enforcement? the number of casinos that a tribe can operate. Further, Prop 70 encourages tribes to put casino Again, its promoters claim that their gambling in our state's malar cities, increasing crime and proposition is all about helping police and traffic congestion problems. firefighters. But the measure is so deceptively written►and comes with so many strings attached it What's the impact on law enforcement and the could actually hurt cash-strapped local police, environment? sheriffs and fire departments. Proposition 70 provides NO MONEY for law Specifically, it states that funding for law enforcement, environmental impacts, or enforcement and other public safety agencies transportation. must be used for adding new personnel. But there are no provisions allocating new funding to pay for "Casinos can be a magnet for crime. any of the support needed to sustain public safety Unfortunately, Proposition 70 provides no funds to personnel, such as uniforms, training, equipment, local law enforcement agencies to help fight crime vehicles and facility costs. This means cities and in the communities surrounding Indian casinos..." counties could be forced to bear these additional Chief Jerry Adams,President support costs,-adding even more pressure on California Peace Officers'Assoclation financlafty challenged local governments. No on Propositions 68 and 70-Governor Schwarzenegger's Committee for Fair Share Gaming Agreements with major funding from Governor Schwarzenegger's California Recovery Team 1415 L Street,Suite 430 Sacramento,CA 95814 * 916-651-1383 www.no68and70.org*FPPC lD#1266181 R Press Release OFFICE OF THE GOVERNOR GAAS:253:04 FOR IMMEDIATE RELEASE 06/21/2004 Governor Schwarzenegger Signs Re- Negotiated flaming Compacts with Five Indian Tribes Agreement Provides Fair Contribution of Gaming Revenue and Foundation for Positive Long-'Germ Relationship Praising a new partnership between the State of California,local communities and certain Indian tribes,Governor Arnold Schwarzenegger today signed gaming compacts with five tribes that provide a fair contribution of gaming revenues that will compensate the state for years to come. The agreements also guarantee important and increased protections for casino patrons and workers,the environment, and local communities. "Today we are here to declare victory for California once again.We are going to sign new gaming compacts with Tribal Governments,"said Governor Schwarzenegger at a signing ceremony in Memorial Auditorium,near the state capitol."The new agreement respects the tribes`sovereignty, it protects their exclusive gaming rights,and it begins a new financial partnership between the tribes, local communities and the great State of California.' Making the new agreement with the State of California are the Pala Band of Mission Indians,the Pauma Band of LuiseAo Indians,the Rumsey Band of Wintun Indians, the Viejas Band of Kumeyaay Indians and the United Auburn Indian Community. "This agreement helps local governments meet their law enforcement, fire protection and infrastructure needs,"said Governor Schwarzenegger."It strengthens our environmental protections. It provides more rights and safeguards for workers and guests. It brings in at least$1 billion in new state revenue this year,which I will dedicate to desperately needed transportation projects.And in addition,this agreement can generate up to another$150-$200 million a year in ongoing state revenue,which is good for California." "This is a fair deal for the tribes and for the state. It solidifies a partnership based on their exclusive gaming rights.I am hopeful that more tribes will join us,"the Governor added. Details of the compacts signed today include: - --- ^ ~ *$1billion payment to the state,oubwfinanced hy a bond repaid over 18 years, Upon repayment of the bond,the tribes then will make annual payments to the state for the duration of the compact,expeoted to total an additional$700 million.The one-time payment is based on$100 million annual payments by the tribes over 18 years,which is at least 10% of the tribes'current slot machine net win and in some cases represents more than 18%of net profits. ^ A graduated scale of progressively higher annual fees for additional slot machines above the current limit of 2000 machines,reaching up to$25,000 per additional machine. The fees represent approximately 15%of the net win of the additional machines on average and are estimated to provide as much as$150-$200 million in annual revenue to the state over time from these tribes alone. * Additional slot machines may belocated only on presently existing Indian land at presently existing gaming operation locations, • Tribes will make increased annual payments inthe amount of$2million per tribe for a total of ` $10 million annually to the Revenue Sharing Trust Fund for non-gaming tribes and those with lesser operations. * Tribes will allow the state to inspect the slot machines and will submit patron disputes to binding arbitration. * Tribes agree California tort law and procedure will govern cases involving third party injury, will increase liability coverage from the existing*5million inaggregate to$10million per ^ occurrence,and will agree tobinding arbitration ofall claims. • Tribes agree mprepare mnEnvironmental Impact Report for new projectsand nonegotiate mitigation ofoff-reservation impact andincreased demand for services with local governments,with binding arbitration ifnegotiations reach impasse. • Tribes agree homeet ovexceed California Building Code arid Public Safety Code onnew construction,toallow the state h»inspect construction|nprogress,and to permitthe stateh, prohibit occupancy inany portion where there isoserious cvsignificant risk\ohealth or safety. ° The duration of these renegotiated compacts is extended to 2030, providing long-term stability for the tribes and the state. * In exchange for the one-time$1 billion payment hn the bond.the tribes are guaranteed the exclusive right to offer slot machines and banked card games free from competition from non-tribal entities. * Tribes without existing arrangements with organized labor agree tomodify their Tribal Labor Relations Ordinance to provide workers with enhanced organizing rights in exchange for a no~mtrikedaueo. In order to protect theseagreements,which provide a fair contribution ofgaming revenue tothe state in exchange for exclusivity for tribal gaming,Governor SohworzwneQgorannounced hewill oppose a ballot initiative that could result inslot machines incertain card rooms and race tracks.The Governor had announced previously that he opposes a ballot initiative to allow unlimited gaming expansion an Indian lands. "Iwill also this partnership,and the will u[the people,byworking tudefeat the gaming initiatives set for the November ballot,"said Governor Schwarzenegger, "I urge voters to join me and preserve the exclusive rights they voted tngive the tribes back in20O0." The compacts signed today must be ratified by the Legislature and then approved by the federal government.The compacts can beviewed at the Governors website m,vmww.Quvomnr.00.Qov. The Governor concluded his remarks by thanking everyone involved in the negotiations."I want Californians*:know that a$every turn the leaders inthis state are coming together to dkfor the . .......................................................................................................................................................................................................................... ......... ......... ......... ......... ......... .._...._..............._.... ___....... ........._.... ._..._...... .__.._............... TEXT OF PROPOSED LAWS . .Y poses by a statute passed in house by rollcall vote entered in the action that is not subject to the funds in any such account shall journal,four-fifths of the rMinbe ` concurring. be continuously transferred to . other accounts In the 911 Emergency SECTION I i. Opetrrtive hate and'Tt i u na Care Fund on same basis as funds are allocated to such This act shall beecutte ef3eetive inunxx$ate#y its adoption by the accounts by Section 4 1 of the Revenue and Taxation Code.Funds a le,however b shall not active five until d 1 in the year remaining in the ac t shat#be allocated as many times as necessary pep oma to reduce the t balance to ten thousand dollars($10,000)or less. following its adoption. SECTIf:I, 3. Conformity with Sante Constitution SECTION 12. Severability If any provision of this act,or part thereof,is for any reason be#d S 3.1. Section 1 is added m Article X111 B of the California be invalid or unconstitutional, the zemainiM provisions shall not be C tution to end: affected,but shall remain in full force and elfcct,and to this end the pro C. 14. `Appmpriadons subject to li"adoa" (each entit3> visions of this act are.severable.In addition,the provisions o€this act of goo meat shall nol include appropriations of revenue fmm the are intended to be in addition to and not in conflict with any other - 911 Ente c3 and Trauma Cam Fund created by the 911 Emergenjcy tiative measure that may be adopted by the people at the same a n, and"fmunta Act.No adjustment in the appropriations limit of any and the provisions of this act shall be interpreted and cans so as to entity.ofgovernshall lar rrsquirmf pumuant to Section 3 as a result avoid conflicts with any such mea_wXc whenever Ixss' In the cveat of to vena'lean.de .' in or appmprtated from the 911 Entetgency the distribution of funds from any of the ished by sub& and rmayna Cats f tract a survltarge created by the 911 Emergency vision(c), (d),(e),(f),or(g) of Section 41135 of the Revenue and and Trattma Fate Act rhald he considered Geneml Fund revenues Taxation Code is permanently a'tjoiaed or invalidated by final judicial for the pwrpasex ref Sectiens 8 a II.S of frairte Xlll. This initiative measure is submitted to the people of California in (d) in the event all Indian tribes with existing compacts do not accordance with the provisions of Section 8 of Article 11 of the agree to these tcrns,five existing horse racing tracks and I I existing California Constitution. gambling estalitishments,.where forms of legal gambling and wagering This initiative measure amends provisions of,and adds sections to, already occur,should have the right to operate a limited Number of gam- ing California Constitution and the Business and Professions Code and devices,provided they pay 33 percent of their-innings from the the Government Code;therefore,existing p'ovisiuns gtzpctsed to be operation of such gaming devices to cities,counties,and a gaming rev- deleted are printed in mttimle*"op 9 and new provisions proposed to be enue trust fund to be used for education,and police and fire services, added are printed in italic type to indicate that they are new. and provided they comply with strict legal requirements on the open- tion and 1tvation of such gaiting devices. PROPOSED LAW (c) len addition to paying substantial taxes,the tanners of gambling THE GAMING REVENUE ACT©l 2004 establishments and horse racing tracks authorized to operate gaming SECTION i. Title. devices would have to be licensed by the California Gambling Control Commission taxer the Gamb1mg Control Act,which requires that they be This act shall be known as and may be cited as the"Gaming Revenue persons of good ctaatacter,honesty,and integrity,and persons whose prier Act of 200,4:'This act may also be cited as the'°Gamier$Revenue.A.et activities,rrtutation and associations entitle them to receive a license or the"act." from the state. SEC. 2. Findings and Purpose. (f) Permitting five existing horse racing tracks and 11 licensed gam- The people of the State of California hereby makt,the following tiling establislim nits to operate gaming devices and requiring them to findings and declare that their purpose in enacting this act is as follows: pay 33 pence it of their winnings from these gaming devices will gener- a; California now faces an ecedented budget deficit of billions ate revenues estimated to exceed one billion dollars($1,tltXi,0410;000) g annually.These funds will help alleviate Californias thio«fiscal crisis, of do##ats that particularly threaterss funding for education,police pea- which particularly threatens funding for education,police protection, tection,and fire safety As a result of Californias budget crisis,the state and lire safety,and will help mitigate the impact on cities and counties needs to find new ways to generate revenues xithotit raising taxes.In where gaming occurs. March 2000,Proposition IA was enacted,which triggered an unprece- dented expansion oflndian casino gaming,gave lndiaa tribes a mrrno p- (g) The Gaining Revenue Act will establish the Gaming Revenue oly on casino gaining,and hm led to billions of do#tars in profits for Trust Fund,the sole purpose of which will be to ensure that the revenues Indian tribes,but little or no taxes to the state,'Moreover,local govern- raised by this act are distributed in accordance with the act,T1ne act will meats and communities have not been adequately protected,the state also establish a board of trustees consisting of individuals who are does net have sufficient regulation and oversight of tribal casino gam, engaged in public school edurcation,law enftrrcerment,and fire protection. ing,and tribal casinos have not omplied with state laws applicable to (h) The Graining Revenue Act will provide funding for the existing other businesses and designed to pnvxrt.California citizens,such as Division of Gambling Control and the existing California Gambling laws regarding the environment and:political contributions. Ganging Control Commission for the purpose of regulating gaming authorized trines also have failed to fully fund a trust fund to promote the welfare re by this act- of Indian tribes that do not operate WF casinos.Some Indian tribes (i) The Ginning Revenue Act will increase the moneys distributed to have attempted to acquire land far away from their reservations or tradi- •� Indian tribes by guaranteeing that each such tribe will tional lands to be used as casirmer s and not for use as traditional ressa- receive at least one million two hundred thousand dollars(51,200,000) tions.Tribes have expended over one hundred twenty million dollars annually,and will award three million dollars($3 WG,000)annually to (S120,0d0,000)in political.contributions but have refused to comply responsible gambling programs with disclosure requrmients. (b) California should request that all Indian tribes volunw- (3) Tete leaning Karaite Act Trust;turd will distribute 50 percent 4 gig of the net revenues directly to cagily bonnie of education to he used to ily share some of their gaming profits with the state that can be used to improve educational services fir abused and neglected children and support public cducattor,6 arta local police And fire serv=ices, and children inn foster care- address other problenns associated with tel casino gaming,and in the event all Indian garnning tribes do net do so,California shouldgrant (k) T Gattning Revenue Act Trust Fund will distribute 35 percent gaming rights to other persons who will share substantial revenuewith of the net revenues directly to local governments for.additional neigh- the state that can be used to support public education and kwAl policeborlxrod sheriffs and police officers. j and fire services. (1) The Gaining Revenue Act Trust Fund will distribute 15 percent of Y (c)The Governor should be authorized to negotiate amendments to all the net revenues directly to local goverrunents for additional firefighters. f existing compacts with Indian tribes to allow these Indian tribes to con (m) The revenues generated for county offices of education for ' turtle to have the exclusive right to operate gaming devices ire the State of improving the educational oucornes of abused and neglected children California if the Indian tribes agree to pay 25 percent of their winnings and children in foster care azul local governments for police protection from such deviom to a gaming revenue trust found and agree to comply and fire safety by this act are not to be used as substitute funds but rather with state laws,including taus governing envirnm nettai pnftctim gam- shall suppletrtent the total amount of money allocated for county offices ing regulation,arra cannpaign contributlous and their public disclosnare. of education and local governments. 130 'Cent of proposed Laws TEXT OF PROPOSED LAWS (n) Indian tribes have attempted to acquire land at locations off of tribes on Indian Lands in California in accordance with federal their reservations or distant from their traditional Indian lauds to be law Accordingly; "mashitwit gaming devices. lattery games, and used solely as casinos grid not for use as tituiieictmal reservations_ banking and percentage cam games are hereby permitted to be conduct- Gaming on these newly acquired lands wtiwld be detrimental to the sur- ed and operated an tribal lands subject to those compacts. rounding communities.Therefore,the Gaming Revenue kat prohibits (44 fg) Notwithstanding subdivision(a).the Legislature may Author- the location ofgaming establishments by Indian tribes en newly or ize private, nonprofit, eligible organizations, as defined by the recently aaquiretf#ands. Legislature,to conduct raffles as a funding mechanism to provide sup- (o) In order to.reasonably restrict the growth of non-Indian gain- port fear thein'own or another private,nonprofit,eligible organization's img,non-Indian ganging authorized by this act will be limited to the beneficial and charitable works,provided that(1)at least 90 petmenf of sites of five existing horse racing tracks located m the Counties of the gross receipts from the raffle go directly to beneficial or charitable Alameda, Los Angeles,Orange,and San NUteo,and the sites of f I purposes in California.and(2)any person who receives compensation existing gambling establishments located in rite Counties of Los in connection with the operation of a raffle is an employee of the private Angeles, San Diego, Contra Costa,and San Mateo To ensure that nonprofit organization that is conducting them e.The Legislature, there are no new gambling establishments other than those in exis- two-thirds ofthe membership ofeach house concurring,may amend the tence as of the enactment of the art,the current limitation on the peterntage of gross receipts required by this subdivision to be dedicat- issuance of new gambling licenses, whish expires in 2007,will be ed to beneficial or charitable purposes by means of a statute that is made permanent.The purpose of uw h restriction is to exercise control signed by the Governor over the proliferation of gambling. (h) Votwithstanding subdivisions(e)and(j),and any other pnwi- (p) The expansion of huliau gaming has led to conflicts between cion of state law;the Governor is authorized to negotiate and conclude tribes and local governments.In some cases,trines have failed to take amendments to all existing compacts with all Indian trifles in accor- suffcient steps to address local concerns and impacts.Tfrerefxv,this dance with the pmvisions of this subdivision,An "existing compact" act will authorize the Governor to negotiate amendments to all existing means a gaming compact entered into between the State and an Indian compacts putsuant to which all tribes agree to CMOT into good faith tribe prior to the effective date of the Claming Revenue Rot of 2004.All negotiations with county and city governments to address and mitigate compacts amendedpur-suant to this suhdivisirnr shall include the ,follrnv- community impacts. ing terms,conditions,and requirements: (q) To clarify legal,jurisdiction over Indian casinos, state courts (1) The Indian tribe shall agree to pay 25 percent oj'iis net vvin from should have,jurisdiction over any criminal or civil proceeding misirrg all gaming devices operated by it or on its behalf to the Gaming under this act,under a compact,or related to a It"casino.Therefore, Revenue Trust Fuad.,Such payments shalt he made monthly acrd shall he this act will authorize the Govertxar to negotiate anwndments to all due within 30 days of the end of each month. "Net win"means the existing compacts pursuant to which all tribes agree that state eotaU wagering tevemoe from all germing devices operated by the Indian tribe will have Jurisdiction over such disputes. or on ins behalf retained after prizes or winnings have been paid to play- (r) Indian tribes have used their gambling profits to spend well over errs or to pools dedicated to the pa#anent of such prizes and winnings, one hundred twenty million dollars(S120,€ItIO,OW)east campaign contri- and prior to the payment orfoperating or otjter expenses.Such payments butions and political activities in California. But some Indian tribes shall commence immediately after federal approval of the amended maintain that they are sovereign stations and do not have to comply with compact. Califertial:laves and regulations relating to political contribution and f2) The Indian tribe shrill agree to report to the Divxeion of repot#ing.Because these tribal politic a3 expenditures to unit sutastautial- Gambling Counsel the net wain on all gaming devices operated by or on ly front and often comCeztt gaming activities rix Califot'nia„this act will behalf of it.Such rrports shall be submitted month�u,shall be due with- authorixe the Governor its stegtrtiate amertdtrnerits to ail existing cant- in 30 days of the end of each month,and shall use available to the pub- pacts pursuant to which all tribes agree to comply with the California tic upon triluest. Political.Reform Act. (s) While some terms of this act concern conditions tribal casinos (3) The Indian tribe shall gree to pat for an annual audit per- must meet if Indian tribes are to retain a monopoly over slot machines. formed by an independent firm ofcerafied public accountants approved it is the express intent of true voters to raise revenues immediately by the Catifkwnia Gambling Control Commission to ensure that the net through this initiative to help solve Californias current fiscal crisis, win is pwperty reported and thepavment is pmperfy paid to the Gaming regardless of whether those revenues come from tribal or non-tribal Revenue Trost Fund.The audit report shall he available to the public gaming, regardless of cour-t decisions r sang Indian gaming, upon request, regardless ofchanges in federal law,or regardless of any challenges or (#) The Indian tribe shall agree to comply with the California efforts by the Indian tribes or others to delay or cireumveat this asst. Political Reform Act. Therefore,if all Indian tribes with existing compacts dna not agree to t5) The Indian tribe.shall agree that Or casinos facilities shall com- share with the state 25 percent oftheir winnings from gaming devices ply with the California Emironmental Quality Act. and do not a#roe to the other conditions on tribal gaming set forth in this act within the time limits provided its this act,it is the express (b) The Indian tribe shall agree mo enter into good faith negottattons intent of the voters to immediately allow licensed gambling establish- with any city or county within which the Indian lands are located where meats and authorized horse racing tracks to operate a limited number class Ill gaming is conducted to mitigate local gaming-related impacts of gaming devices, provided they pay 33 percent of their winnings within a reasonable ime fndloroyng the State§execution nfthe compact. from the operation of such gaming devices to cities,counties,and the The state courts shall have exclusive jurisdiction to resolve any dispute Gaming Revenue Trust Fund. regarding the_allure to reach an agreement or the enforcement of the SEC. 3. Section 19 of Article IV of the California Constitution is agreement. attended to read: (7) 1he Indian tribe xholl agree to comply with all pro=inions of the Gambling Control Act,and shall agree to use subject to the jurisdiction SEC_ 19, (a) The Legislature has riot power to authorize butteries and shall prohibit the sale of lottery tickets in the State, of the California Gambling Control Commission and Division of Gambling Ctsntml. (b) The Legislature may provide for the regulation of horse races and horse race tteetimgs and wagetir�on the results. fg) The Indian tribe shall agree that state courts shalt have exelu- sive juriedichosn over any criminal or civil proceeding arising from or (e) Notwithstanding subdivision(a),the l egislauttr by statute may authorize cities and counties to provide for bingo games,but only for related act,o to lire Clam m .Revenue Act arising jirxm dent occurring to the n Ike char#table nes, pact:or arisirrg,fmm or related urs any get or incident rsecurring on trite lulu premises of a tribal casino. (d) Notwithstanding subdivision(s),dwr'e is authorized the estab- The powers ref the State good the applicability of state taw to Indian " lishment of a California State Lottery. trifles and Indian casinos pursuant to this subdivision are to be cosy (e) The Legislature has no power to authorize,and shall prohibit, .strued consisumdy with the fullest extent of State's rights and powers casinos of the type cureently operating its Nevada and New Jersey. underfederal law to trach agreements with Indian tribes with tribal con- (f) Not-thstaruling subdivisions(a)and(e),and arty other provi sent.%'a tribe with,an exdsting compact is required by this subdivisina to sign of state lav,the Governor is authorized to negotiate and conclude agree to amend ize existing compact.NvAing in the Gaming Revenue Act compacts,subject to ratification by the Legislatum,for the operation of of 2004 vvin uives or restrkts the civil op,crimal jurisdiction of 4he.s^tute aleEtttaeltixe9 gaining devices and for the conduct of lottery games and under Public Law 280(Iii L.S.C. Sec.1162), and the State may not banking and percentage card gags by federally recognized Indian waive such jurisdictusn in any compacts. Text of Proposed Laois 131 __. _..._ ......... ......... .._...... ..._..._.._._._.. ...._...... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ... . ......_.............. TEXT OF PROPOSED LAWS (i) Notwithsianding subdivisions(a)and fe),and any other provb Three thousand gaming devices for each authorized horse racing sion of state or local lase,in the event amendments to all existing com- stack; In order to ensure the maximum genemtion of revenue far the pacts with all Indian tribes, as provided in subdivision (4 are tat Gaming Revenue Trust Fund,in the event that the owners of art author- entered into and submitted to the Secretary of the Interior within 90 ized horse racing itraek,for any reason cease to have or lose the right to days of the effective date of the Gaming Revenue Act of'.Z0t14,owners of operate any of the gaming devices authorized by the Gaming Revenue authorized gambling establishments and owners of"tntthorized harse Act of 2434,the gaming devices allocated w that authorized horse rac- racing tracks shall immediately thereafter he authorized to operate ma ing ttzack shall he r eatlocated equatty among the remaining authorized more than a combined total of 30,f3ltll gaming dmwes.In the event Crib- horse racing.trams.Notwithstanding the limit of 3,1X}11 gaming devices, al monopolies are adjudicated to be illegal.. in the event she amended owners of authorized horse racing trucks may also transfer sell,license, compacts are not approved or considered approved pursuant to the or assign their rights to assn and operate one or moregaming devices ur Indian Gaming Regulatory Act ter in the event subdivision A)is im7rl- other aas#horized horse racing trucks or authorized gambling establish- idated,or delayed more than W dasstsfter this act would otherwise take relents,but in no event shall the total number of gaming devices author- effect, by the State, the federal gmernmem.or an court owners of ized to be operated at an authorized horse racing track exceed 3,F00, authorized gambling establishments and owners of authorized horse The owners of gaming devices that are reallocated,or aux transferred, arcing tracks shall immediately theteartier be authorized ter operate the mad,licensed or assigned pursuant to this clause.hail make the distri- gaming devices authorized by!#tis.section.For purposes of this act, hutions required by Section 19609 of the Business and.prrfessions Code. "authorized gambling esaaablishrneatshall mean es site in the Counties (U) for authorized gambling eslnlilizhmen?s_ of Lo.s Angeles,San Diego,Contra Costa,a),San Mater alt which 14 or more gaming tables were authorized to he operated as of September I, (I) Authorized gambling eslab r)2 urs located in Len Angeles 2003,pursuant to the GamblingCoestrrrlAct,eivept tush sites that were a may tables tsha as of September o opera, to operate I1n1 or more actually taken into truxi for an Imlian tribe or Indhms etfter September gaining tulip shall be authorizers to operate 1,7!)!I gaming devices 1,20133..For purposes of the Gaming Revenue Act of 2ft)1,"authorized each; authorized gambling establishments in Los Angeles County horse racing truck"shall meats a site in the Counties nfAhameda,Los authorized as of September 1,241113,to operate between 14 and 99gam- Aagetes, Oraiigge,or San Wateo ae which horse suing was conducted ing tables shall he authorized to operate I,0W gaming devices each; by a thoroughbred tracing association or quarter horse racing assarcur- and all other authneized gambling establishments shalt be authorized to tion that was licensed pursuant to the Hw:ve Racing Law to conduct operate 800 gaming devices each. more flan til days or nights of racing in 23132, For purposes of the (l1) Licensed gambling establishments that we not authorized gam- Gaming Revenue Act of 2004, ':site",shall mean the real property on Kling establishment.under this;seelton shall he licensed for ftrur gone- which an authorized k v--se racing stuck or an authan ized gambli' ing devices far each table autharized puarsuant to the Garnhling Contort e&tablishmeni was located as of September 1.2003,and:shall imitate Act as of September 1,2003,up to a maximum of 2,Oditgaming,devices real property adfaceni to the site.The operation oftheesegaming devices in total, which they cannot operate at their gambling establishments, shall be.subject to the following provisions: but may transfer;sell,or assign the rights to imm or operate such gam- (1) payments- ing devices to authorized gambling establishments_ (A) owners of authorized gambling establishments and autftnrized (Ili) In artier to ensure the maximum generatiois of revenue for the Gaming Ret horse racing tracks shall pay 30 perrent of the net win from gaming s nue Trust Fund,in the event the owners ofan authorized devices operated by them to the Gaming A;ewnue:frust Fund created gambling establishment described in subclause(1)for any reason cease pursuant to this sertron.Such payments abut€be made monthly ares to have or lose the right to operate any of the gaming devices author- pursuant be due within 30 days c the arae ref e shall a llbemimde .vin"menns ized by the Gaming Revenue Act of 2!X14,these gaming devices shall be the wagering revenue from gaming devices operated pursuant to the according or relocated io authorized gambling twitesthslandinas he rata Gaming Revenue Act of 2004,retained after,prit es or winetings have tationding to the allocation in subclause i,"I),Notwithstanding the li gain- been paid tar players or to pools dedicated to the payment afsuch prihrs faRtlon rm gaming devices imposed by sanc�lause ff{, authorized gam- and winnings,and prior to the payment arfoperating or other expenses, Ming establishments may also taunsfer, sell, license, or assign their right&to own and operate one or more gaming devices to other author (B) Owners of authorized gambling establishment&and authorized ized gambling establishments or authorized horse racing tracks:but in horse racing trucks shall report to Ike Division elfCramhlir Comral the no event shalt the total number of gaming devices authorized to be- net re net win on all gaming devices o{prerein by or on-behalfflf them.Such operated at ars authorized gambling establishment exceed 1,900, reparis shall he submitted monthly,shall be due within 313 days of the ilk) 1n the event that the allocation ofgaming devices set forth in end of each month,and shall he available to the public upon request clause(it)exceeds 15,OW,the gaming devices mahorized Pursuant to (C) Ownera of authom--ed gambling and authorized subeknase(M)shall be[educed ratably to Tiring the total number of horse racing tracks shall pay fuer an annual audit pedlar med by an inde- garntnn devices allocated to all authorized gambling establishments to pendent farm n f crrtifaed public accountants appnwed by`the Callforma 13,, or test Gambling Control Commission to ensure that the net ruin is prpetty (g) The owners of an authorized horse racing tracts may,in accor- reporied and the payment is property paid to tate Gaming Revenue Trust dance with pvvisions aaf applicable law,relocate Its racing meeting to Fund,The audit report shall be available to the public upon request; another site whether or not it is an authorizer)horse racing track,or (I0) Owner:,of authorized gambling establishments and authorized discontinue its racing operation.In the event they der so,hrnvever,the horse racing tracks shall pay 2 perreat of their respective net vvin faun gaming devices authored to he operated by them may only be oper- gaming devices operated hs'them to the city in which each authorized aced at an authorized horse racing track or an authorized gambling horse racing track aoda whorizedgambling establishment is located In establishment. the event an authorized gambling establishment or an authorized horse ( ) In neuter to ensure the maximum generation of revenue for the racing trackis not located within the houndaries of a city the payment Gaming Revenue Trust Fund,the owner or operator of an authorized imposed by the Gaming Revenue Art of 2gt14: ,shish be made to the horse racing track and the owner or operator of an authorized gain- county in which the authorised gambling establishment or authorized bling establishment whose_faciiities are farateat in the same city may horse racing track is located.Such payments shalt he made monthly and agree upon the maximum number pfgaming devices that may be oper- .shall be,due within 30 dot's ofthe end of each inniah, aced at each such facility,subject to appy ovatl off any.such agreement (E) Owners of authorized gambling establiskments and authorized by the California Gambling Control Commission, which shall make horse racing tracks shall pay I percent asf their respective net win imam its decishin of whether to approve any such agreement based upon a gaming devices operated by them to the county in which each author- determination that any such agreement is in the interests of regulated ized gambling establishment and authorized horse racing track is it cat- gaming in the State orf California.Any such agreement approved by ed Such payments shall be made mesaddy and shall be due within.til the California Gambling Contrul Commission shall not exceed three days of the enol of each month years In duration. (2) Number and Location ofAuthnrized Gaming Devices. l3J Suspension ofAuthorizatton. tA) A total of 3A0,W g aming devices are authorized to he operated The authorization to operate gaming devices and to transfer,sell.or by owners ofatahopired horse rtctng track&andoxvnea�s r}f authorized assign rights to gaming devices pursuant to this subdivision may wench are allocated as folibe sus- dlrlishmenas, aasys: pended by'the CtttifiarYtia Gambling(ontr»t Commisslnn jar failure to gambling esf > make the paymerns used by thio subdivisiam within 30 days of such z% (i) Far authorized horse racing trucks: payments becoming due. 132 1 Tent of Proposed Laws Z`EXT OF PROPOSED HAWS (4) Prohihition ern Additional Fees,Taxes,and Levies. (Y) .l;iftjpercent to county fffires nfeducation to provide.services for :The payments imposed pursuant so the Gaming Revenue.Act of2004 abused and neglected children and children in foster care. These fees,taxes.or levies,including,but moneys shall he allocated to each county office of education according are in lieu of any and all other the annual statewide lot limned to, revenue, receipt, nr personal limperty taxes. 1"I may be to each countys pmportinrxute share rtotal of charged or imposed,ditectllrtar txdlrectty,agairtsr authors tied horse rate- child abuse referml reports for the prior calendar year and shall be ing tracks or authorised gambling estahtishmeisis,their pahons,gaming used to improve edurnixonal outcomes rFf atsused and neglected children devices,empk yens,or,suppliers,by the State,cities,or counties,except- and children in foster care.Each county owe of educauan shall allo- ing fees, taxer, or levies that were in effect and imposed prior to tate these farads to county child ptntective services agencies to provide September 1,21#13,that applied to horse racing and contralled games these services.Funds received by each county child protective services with cards or tiles,or that are applied generatty to commerciat activ agency shall be used,for the fnlinwing purposes: ties,including sates and use,Income,corporate,or oral property taxes. (1) Out-stationing county child protective services social workers The physical expanslon ofgaming facilities or the orperatton ofgaming in schools, devices authorized by the Gaming Revenue Act orf 2004 shall not he cern- (II) Providing appmpriate caseloads to ensure that pn*ssianal .sidered an enlargement ofgaming operations underany local ordinance seq f will have sufficient time to provide services necessary to improve related to fees,taxes,or levies. the educational outcomes of abused and neglected children and chil- (S) Licewes. dren in foster care. The owners gfauthorized gambling establishments and the owners orf (Ill) 151mvidiag services to children in faster care to monnoze mid- authorized horse ratting trucks shatl be licensed by the Calipinia year trawifers from school to.school. Gambling Control Commission under the Gambling Control Act. (LP) Hiring juvenile court wvrkmv whose responsibility it is to (6) Other Laws. ensure the implementation of court orders issued by juvenile court judges affi cling a foster child s educational performance. The Gaming RevenueAct of 21#14:shall snpereede arty inconsistenter cotnay.,child protective services agency.shall be subject to all 1xvvisions of state, city, or county law relating to gaming devices, accountability standards including s£udert performance, enmitment, including,but not limited to,laws regarding the transportation,manu- school stabitiq,,and performance measured by the percentage orf chit- facture,opemt£on,sale,lease storage,ownership licensing,repair,or dren at grade level on standardized feuds,as provi<fed by state and fed- use ofgaming devices authorized in this act.In order to Mwouruge the earl law:Each coun(:child protective services agency shall use funds maximum generation of revenue fir the Gaming Revenue Trust Fund; received pursuant to this.section in a manner that maximizes the corun- the operation of gaming devices au£borized pursuant to the Gaming t ties'ahttits<to njrtain federal matching doYlars_ftrr cervices to cltifdmn in Revenue Act of`2&M is not subject to any prohiintion in state or local the child pm#ec£ive services matchi law now existing or hereafter enacted Gamin Ret#nate lrtrst Fend m. fit) Thigw-five percent to local governments on a per capita basis (f) g ,for additional neighborhood sherifa and police officers,. (1) There is hereby established the Gaming Revenue Trust Fund in (iii) Fi leen perrent to local governments on a per capita basic for the State Treasure that shall receive all pa}wrents pursuant to the additional fr ftghters. requirements nfsuhdivisions(h)and(i). (k) The Governor shalt not consent,tnrxur,or agree to the location (2) There it hereby established the board of trustees to administer of anv tribal casimxs on new{v acquired land pursuant to 25 U.S C. the Gaming Revenue Trust Fund.The board of trustees shall be com- Sec.2 7119(b)(1)(A).Further any compact entered into by the State pur- prixed qff&-,-members appointed by,the G;wernor Ofthefive members, suant'to 25 U..S.C.Sec.2710(d)shall only be,in-classlll gaming on two shall be engaged In public school education,one shall be engaged Indian lands acinous takers into trwit by the United States for the bene- in law enfnwremertt, one shall he engaged in fire protection, and one M orf an Indian tribe prior to September 1, 2003,except frrr land con- shall be a certified public accountant.Each member shall he a citizen uguous to reservations existing as ofthat date: of the United Stotes and a resident of this state_1t-more than throe of SFC. A. Section 19609 is added to the Business acid Professions the five members shall be members ol'the same jxiliiiral patty.Of the Code,to read: members Initially appointed,two shall be appointed far a term of two years,t wo shall be appointed for a term of three years,.and one shall 19609. (a) unless otherwise doftned zn this chaplet;the terms used he appointed,for a term of finer year s.rafter the initial terms,the term in this section shalt have the meaning ascribed to them in the framing of office of each member shall-be four years. The Governor shall Revenue Aci of 2004 f`.the act). appoint the members and shall designate one member to serve as the (b) Three-quarters of I percent of the net win frrnn all gaming Initial chairperson.The initial chairperson shaft serve as chair person devices operated by or on hehatf of owners of authorized horse racing .for the length of hiss or her term_I'hewaffer the chairperson shall be tracks upon Ulrich a thoroughbred racing meeting was conducted in selected by the boaoaf orf lrasiees. The initial appointments shall be 2002 shall he distributed far thoroughbrrd incentive awards and shall made within three months of the operative date o f the Gaining Ifevenue Ire payable to the applicable official registering agency and thereafter Act of 21104.The board of trusrees.shall approve all transfers of mon- distihnted as prtvuled in the California Horse Racing Law eys,from the Gaming Revenue Trust Fund,The board of or7ustees-hall engage an tadepeadent firm of rertified public accountants to conduct (i) One and rare-hof ptrcrrtt of the net:tin from alYgaming devices an annual audit rif all accounts and tezmsarmons Qf the Gaming operated!s},or cm hehatfrxf owners ofauthrrrized horse racing tracks Revenge Trttst Fund. upon which a thoroughbred racing meeting was conducted in 2002 shall he distributed to each of those thomtighhned meting associations and (3) The moneys in the Gaming Revenue Trust Fund shall be dirtrib- racing.fairs that are not authorized horse racing track-in the same rel- uted ass follows: ative pnWrWows that such ihon-mghbred racing associations or racing (A) Not more than I pement of the moon anmtally to the Mvisinn fairs generated commissions during the preceding calendar year.A les- t f(rambling Conunf and the California Gambling Canine,Commission sere of an authorized horse racing track as of the effective date of-Me act )4r the cost of carrying out admtnistrative duties par:sttant to the shall not be deemed toter an authorized horse racing irack.for the pur- Gaming Revenue Act of 20114 and for reimbursement of any state poses af"this section. department or agency that provides any service pursuant to the pmvi- (d) Seventeen and three-quarters percent i?f the net win from all cions o f the Gaming Revenue Act of 21M. gaming devices operated b3;or an behalf of,owners of authorized horse (B) Moneys sufficient to guarantee that crotch rum-ganung tribe shall racing trarAs upon which a thoroughbred racing meeting xrrs conduct- (B) one million two hundred thousand dollars($1.2#11)01111}annual- ed in 2�2 s#all be povfed("the pooled eget win g and shalt be disfrih- ly from the Indian Gaming Revenue Sharing Truer Fund as codif ed in used in the firm of purses for thoroughbred horses in accordance with the Government Crede. `.'Von-gaming tribe„shalt mean a federally rec- the previsions of this subdivision. ognized Indian tribe which operates fewer than;SO gaming devices. (1) The pruned net win shall be allocated to thrrraugghbred rating (C) Three mllltan drtllars{33,f)EJ40(Jft)to be asuarated_+»msnity Iso &associations and racing fairs throughout the State of Califor•rria and the C),' T re trustees to responsible gambling he pn�gaware shall be distributed among each of them in such manner as to equal- ize ort an average daily basis purses,for thoroughbred races other than (G7) Alter the dis"msiaas required pursuant to subpamgrapks(A), stakes and special events Notwithstanding the foregoing,pooled net (B),and(C),the remaining moneys shall be diatriltuted rus fotloxs: win may be allocated to suppternentpurses for€horoughbred races.so the thoroughbred racing associations and racing fairs may maintain Text of Proposed Laws 133 _ _.... ......... ......... ......... ......... ......... ......... ......... ......... ._....._. ........................... .._..._.. ......... ......... ._....... .......__. _.......... ......._. ......... ......... ................... TEXT OF PROPOSED LAWS up to their historic relative proportions between overnight races,and SEC. 8. Section 19962 of the Business and Professioms Code is stakes races and special everts,Increases in the aggregate amount of amended to read: purses for.stakes races of thcrr»ughbresl racing associarirrns and rtte- 199621. (a) On and after the effective date of this chapter,neither ing/'airs resithlog from pooled net wain contributions shall 6e deter- the governing body nor the electors of a county,city,or city and coun- mined in accordance with an agreement signed by all the thorough- ty that leas not audunized legal gantittg within its boundaries prior to bred racing associations and the organization resptmviblefor neegoti January 1 1996,shall authorize legal gaming. axing thoroughbred purse agreements on behalf cif tharoughbned (b) A%No ordinance in effect on,January 1,1996,that authorizes horsemen' gaming within a cit coon or cit and o win may net be (2) Notwithstanding the provisions 4paragraph fp,thehands dis- legal y: county, Y y y trilrutable to thoroughbred hbred rtacin ascot.#aliens and racin airs rom the ��}nud to expand gaming in that jurisdiction;beyond that permitted g g gf .f on laniary 1, 1995. pooled net win shard be allocated in such,it manner as err cause average daily purses for ttuutrughArrd ulcer,ether than stakes alts.,and spe- (c) Fhis section tial events,to be the perrentage-s of the average daily purses for suck is not intended to prohibit gaming author- mr,es conducted by thoroughbred racing associations in the central and ized l?e the Gaming Revenue Ace of 21144. southern zone as set forth,belm": SEC_ 9- Section 19963 of the Business and Professions Code is (A) Ninety percent for thoroughbred racing asw"tions in the ame led to read-. northern zone; 19463. (a} in addition to any other limitations on the expansion (B) Sixty-five percent for a racing fair in the central zone; of gambling unposed by Sections 19462 or any provision o€this chapter, and except as prrsvided in the Gaming Revenue Act of 2444,the com- (C) Fifty percent firr crating fxrirs in the northern zone other than the mission oft shall not issue a,gambling license for a gambling estab- Humboldt County Fair: lishment that was not licensed to operate on December 31,i 999,unless (D) Seven aid one-half percent for the Humboldt County Fair: an application to operate that establishment was on file with the division (3) Notwithstandinthe prxxisioas of this sulyd#visiorr to the carr- prior to September 1,2000. Crary,the allocation otputxes amrmg the thomughbred racing associa- 5 tions and the racing fairs may be altered upon approval of the " wo is California Horse Racing Board, in accordance wllh an agreement signed by all of the thoroughbred wring associatloms and the organiza- SFC. 10, Section 19817 of the Business and Professions Code is tion responsible-for negotiating ihorrmghbred purse agreement;,on amended to read: behay'of horsemen. 19817. The commission shall establish and appoint a Canning (4) The California Horse Racing Board shall be irsponsible for the Porlicy Advisory Connnittee of 10 members,The committee shall be oversight of the distribution of the pooled net wirt in accortionce with composed of representatives of controlled gambling licensers,author- the provisions of this subdivivirm. Wired horse wring tracks under the Gaming Revenue Act,mpresenia- (e) Eightenett and rsrte-half perrenr of the aw win tarso all gaming live.,of gaming tribes, and members of the general public tot equal devices operated by owners of an autharized horse rocing track upon :tens+ wst The executive director shall,front time to time gene the which a quarter hrir:se racing meeting was conducted in 2402 shall he conanittee fin•the purpose of discussing matters of controlled gam- paid insupplement purses af-rores conducted lry a quarter horse rac- blung regulatory policy and any other relevant gambling-related issue- Ing association. The recommendations concerning gambling policy made by the con- {13 One aadtocols-tenths percent ref the nes win from gaoling devices mittee shall be pftsemed to the commission,but spall be deemed advi- operated by ownetx of an authorized horse wring track described in sor3` and not binding on the commission in the performance o€its subdivision (e) shall be paid to rupptement the purses of harness duties or functions, races conducted by a harness racing association that conducts at NAim go— least 150 days or nights of harnese racing annually at the California SFC. :i 1. ^Section 12412.6 is added to the Government Code, Exposition and State pair, and ane-tenth of I percent orf such net to read: win shall be paid to the harness caring association described in this 12412"6. (a) "txithstanding Sections 12412.25 and 124I2"5, subdivision" and any other prevision cif law, the Governor is the designated state SFC. 5. Section 19805.5 is added to the Business and Professions officer wspansi rte for negotiating and execrtting.on behaf of the state, Code,to read: tribal-state gaming compacts with federally recognized Indian tribes 19805.5. As used in this chapter,and in the Gaming Revenue Act located within the Stale of California pursuant to the federal Indian of 2(1(14,"gaming device"shall mean and include aslotmachine,under Gaming Regutahwy Art of I91d8 fl8 V:S C.Setts, 1166 to 1168,inct., state lass or any class 111 device under the Indian Gaming Regulaxory and-75 US,C.Sec-2701 el seq.)for the purpose gfauthoruiug class 111 Act. The operation of a gaming device by a tribe, entity. or person gaming,as defined in that act,on Indian lands within this stare.Nothing authorized to operate gaming deK<r`t'es under the framing Revenue Act in this section shall be crrrGsrrued to deny the existence stile Governor s shall constitute controlled gaming understate law. authority to have negotiated and executed tribal--state gaming compacts SEC. 6- Section 19863 of the Business and Professions Code is prior to the efective dote of this section. amended to read. fb) The Governor shalt submit a copy of anv executed tribal-stave compact to the Secretary of Srawe,who shad forward a copy of the exe- 19863, A publicly traded racing association or a q-1ified raising tatted compact 7o the Secretary orf the Interior for his or her rrview and association,or their successor:,in interest, shall be allowed to operate approval,in ascendance with paingrrrpb(8)ofsulrvection(d)rlfSect#on only one�gambling establisbruent, and the goo.." t ganrhling 27'14 nf7'rthe 13 of the L'n#ed States Crede. establishment shall be located ons the sante ins site as#lee entity`s SFC. 12. Section 12012.75 of flne Government Cade is amended racetrack was located in 1002. to read: SFC. 7. Section 19985 is added to the Business WA Professions Code.to read: 12412,75. There is hereby created in the State Treasury a special 19985, fa Except as provided in thins rection, the Gambling remip andlled the deposit than Canning iviedRevenee Sharing rust e lice far fees p Pro g race and de o£mone~s derived£corn deY ire license fees Control Aci,including,but not limited to,the jurisdicthm and powers of that are paid into the€lord pursuant to the terms of tribal-state the division and commission to enact rrgadatsons,to eitfiv e applicable compacts,and moneys receiv"ted from the teaming Revenue Trust law. to conduct bac rortitd loos,#gcatitrtty,and to#ssue licerzres and for dw purpose of-making distributions to nonncompact tribes.Moneys ,seats(permits,Shutt appty to amharized horse raring mucks,Cts defined in the Indian[Taming Revente Sharing Trust Fund shall be available to in the Gaining l evemw Act,and to the opemi,3rs of gaming devices the Califisrtua Gambling Control Cornmisswa,upon appropriation by thereon,including their successors in interest,in and w the same extent the legislature,fox the purpose of thing distributions to noucompact the Gambling Cantrril Act applies to gambling esrablishrnentr, tribes,in accordance with diskfiheoiem Vians spesified the Gaming £bf R'mploiws ofauthorl.c=ed horse racing tracks who are not own- Revenue Act and tribal-state ganting compacts- ers,shar+ereholde^,partners,or key employees and whow fob rexponsi- SFC. 13. Section 8-3 is added to Article XVI of the California s bilines der not inosine cantrottedgames,shall not he required to sirloin Constitution,to read: {.,,.... work permits Intmani ra this chapter. 134 Text of Proposed laws TEXT OF PROPOSED LAWS SEC. 8.3. (a) Funds appropriated pursuant to the Gaming hereby directed to reconcile their respective statutory provisions to Revenue Act of 2titt4 shall not be deemed io be partrsf""at ailtxations the greatest extent possible and to give effect to every prmision of to schoa diwricts and commimW c otfege districxr facet General Fund both measures. proceeds of tarns appinpruned piuwomi to ArticfeV118"as that term SEC. 1?_ Additional Funding is used in paragraphs,(2)and(3)ofwbdimmon(h}flfSeetion 8 'So moneys in the Chiming Revenue Trust Fund shall be used to sup- (h) Revenues derived from payments made pu�crrawt to the Gamingplant federal,state,or local funds used for child piotcctive acid foster Revenue Act .f 2fltl4 shaft not fie dimmed to fie"Genesuf Fund rrivm .v, care services.neighborhood sheriffs and police officers,neck firefighters which may he apprap iatect�pruuew"i to article)(111 B'as that term is but shall be used exclusively to supplement the total amount of federal, used in pamgxrph(I)t>f sarbdiyksi<in(h}0C H am shaft thev he state,,and local fm&allocated for child pnitective services and foster considered in the determination of"per capita!`.renew#Fluid revenues" care which improve the edueatiorw outcomes of abused and neglected ted as that term is used in parogmph 0)a:f sufadivwim(h)oriel in subdivi- children and children im foster care and for additional sheriffs,police sion(e)of Section 3 officers,and firefighters. SEG. 14. Section 14 is added to Article Xlll.B cf the California SEC. #4, Judicial Proceedings Constitation,to read: hi any action for declaratory or injunctive relief,or for relief by SEC. 14. (a) For purposes of rtes arAde, "proceeds of taxes" i,ay of any extraordinary writ,wherein the construction,application, shall not include the rrvenues created by the G ming Revenue Act or validity of Section 3 of this act or any part theeof is called into of 2004. question,a court shall not grant any temporary restraining:order,pre- (h) For purposes of this article, a przatirnrs suhfec2#n timita- lxtrxinrary ox permanent iajumcuon,or airy perennpttzry writ of mandate, tion"of each entity afgaverttment shat include appropriatituM of certiorari,or prohibition,or either provisional or permanent order to revenues fmrr,the Gaming Revenue Trust Fund eroded by the Gaming restrain, stay, or otherwise interfere with the operation of the act Revenue tact of 2004. except upon a finding by the color{,based on clear and convincing evi- dence,that the public interest will not.be prejudiced thereby,and no such order snail be effective for muco than 15 calendar days.A court The statutory provisions of this aa.may be amended only by a vote shall not restrain any part ofthis act except the specific provisions that of two-thirds of the membership of both houses of the Legkature.All are challenged, statutory amendments to this act shall be to further the act and must be SEC. 19. Severability consistent with its purposes_ SEC. 1 h- Consistency With tither Ballot Measures If any provision of this act or the application thereof to any person or circumstances is held invalid or unconstitutional,such invalidity ar- The provisions of this act are not in cottfiict with any initiative unconstitutionality shall not affect other pzavisios+s or applications of measure that appears on the sante ballon that amends die California this act that can be given effect without the invalid or i meomstitttional Constitution to authorize gaming of any kind.In the event that this act provision or application, and to this enol the provisions of this act and another measure that amends the Califomia Constitution to permit are severable. gaming of any kind are adopted at the same election, the courts are 69 This initis' e me is submitted to the people in accordance with accused of crime; the provisions o 8 of Article Il of the California Constitution. (2) The most reasonable and certain means to solve crime as effec- This inilsative s a section of the Government Code, lively as other states which have foumdthat the majority of va slcttt cern and aruemds,repeals,and sections to the Pend Code.therefore, inals have nonviolent crn'mmol prior err ns,and that the majority existing provisions proposed to lewd are printed in ape of cold bits aril criminal mvestigium ase missed if a DNA data- and new previsions praposed to be added ase printed in italic lupe to base or data bank is limited only n rot crimes; indicate that they are new. (3) The most reasonable txrtairi means to rapidly and substan- tially increase the nnuuber. cold hits and criminal investigation links so that serial crime oil may be identified apprehended and con- SECTION L Title victed for crimes they 'tted in the past and prevented from o Dm- (a) This measure shall be known and referred to as the DNA milting futcue crim that would jeopardize public safety and devastate Fingerprint,Unsolved Crime and Irmomnee Protection Act_ lives-,and SEC_ 11. Findings amyl.Declarations of Purpose (4) The ost reasonable and certain means to ensure that Tlse people of the State of Califotrnis do hereby find and declare tient: Califam Database and Data Bank Dram is fully compatible with, and a t ingful part of,the nationwide Combined DNA Index System (a) Our communities have a compelling interest in protecting them- (Cil S)_ selves from crime. {e) The state has a compelling interest in the accurate identification (b) That is critical and urges need to provide law enforcement criminal offenders,and DNA testing at the earliest stages of criminal officers and agencies with the latest scientific technology available for proceedings for felony offenses will help thwart criminal perpetrators accurately and expeditiously identifying,apprehending,arresting, from concealing their identities and tiers prevent time-consuming and convicting criminal offenders and exonerating;persons wrongly expensive investigations of innocent persons. petted or accused ofcrime. (f) The stale has a cumpelling interest in the accurate identification (c) Law enforcement should be able to use the DNA Data se and of criminal olfenders,and it is reasonable to expect qualifying oflend- Data Banc Program to suhstantially reduce the number unsolved ers to provide forensic DNA samples for the limited identification pur- Primes,to help stop serial Prune by quickly contpal rig ll profiles of poses set forth in this chapter. qualifying persons and evidence samples with as investigations (g) Expanding the statewide DNA Database and Data Bank and cases as necessary to solve crime and alrpre perpetrators;to Program a the most masonaL�le and certain means to ensure that per- exonerate persons wrongly suspected or accused ;and to iden- tify human remains. that wrongly suspected or ace+: cif crittte are quickly exonerated so that then may reestablish their in the community.Moreover,a (d) Expanding the statewide DNA D ase and Data Bank person whose santple has been coffecW for Database and Data Bank Program is: put•p cs must be able to seek expungemeot of his or her profile from (1) The most reasonable and eertain to accomplish effective the Database and Data Bank. r crime solving in Calitxirmia,ria asd im identification of missing and SEC. lig. DNA and Forensic Identification Database and Bata unidentified persons,and to exmwrave persons wrongly suspected or Bamk Act Text of Proposed laws 135 ............................... __ ... ......... . ......... ......... ......... ......... ........ ........ ......... ......... ........ ........ ......... ......... ......... ...:.. M.. ,W ..:::::....:.:::;:.; . FROPOSMON NON TRIBAL COMMERCIAL GAMBLING EXPANSION. TRIBAL GAMING COMPACT AMENDMENTS. 68 REVENuEs, TALC ExEMI'noNS. INITIATIVE `. CONSTITUTIONAL AMENDMENT AND STATUTE. �+rr M.L!9a •vvma[mmM+'.+•+++?r•'+wrxxmv:vu.F..wxMStttt+'GxS4:Yltl99mxr/?ra'n vt.++Y.irvrxxxnw:v>s+u:M:.TYMxrAGxrFiw»'t:1.xrrasr+x!rl??r.Yxxrw.vx:xuusv::.+tt�:tTx£:xttT.+S:...4:uoxn•.wmr..r -• Noir!Ikibal Commercial Ga bling Expulsion. Tribal Gaming Compac+t.Amendments.Revenues,Tax Exemptions initiative Constitutional Amendment and Statute. • Authorizes Governor to negotiate tribal compact amendments requiring that Indian tribes pay 25% of slut machine/gaming device revenues to government fund,comply with multiple state laws,and accept .state court jurisdiction. + If compacted tribes don't unanitnously accept required amendments within 90 days, or if determined unlawful, authorizes sixteeaa specified tion-tribal racetracks and gambling establishments to operate ld,t3()() slot anarhines/gaming devices, paying 34% of net revenues to Band government public safety, regulatory,social programs. • Provides exemption from specified state/local tax increases. Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: • Increased gambling revenues--potentially over$I billion annually. The revenues would be provided primarily to local governments throughout the state for additional child protective, police, and firefighting services. • stiations, potential loss of state revenues totaling hundreds o Depending on outcome of tribal negcf millions of dollars annually. { BACKGROUND lase limits the expansion of both the number of card The California Constitution and state statutes specify rooms and the size of existing card rooms until January the types of legal gambling that can occur in California. 2010. For instance, current law allows wagering on horse Horse Racing. The state issues licenses to racing races and certain games in licensed card rooms.In addi- associations that then lease tracks for racing events. In tion, Indian tribes with tribal-state gambling compacts California, there are fi privately owned racetracks, can operate slot machines and certain other casinrrstyle 9 racing fairs, and 20 simulcast-only facilities. (These gambling in California. latter facilities do not have live racing; instead, they. Card Rooms and Horse Racing allow betting on televised races occurring elsewhere in the world.) Card Roam. The state allow-,card moms to conduct Gambling on Indian Land card games where the card room operator has no stake in the outcome of the game. The players play against Federal law and the State Constitution govern gam- each other and pay the card room a fee for tate use of bling operations on Indian land. Tribes that enter into the facilities. Typical card games include draw poker, a tribal-state gambling compact may operate slot 7-card stud, and poker pai goiv. Certain games----such machines and engage in card games where the operator as twenty-one—are prohibited. 'There are 96 licensed has a stake in the outcome, such as twenty-one. card rooms in the state. Local ,governments approve Currently,64 tribes have compacts and operate 53 casi- card rooms,as well as establish the hours of operation, n(x%with a total of more than 54,(l(€(d slat machines.Any the number of tables,and wagering limits.Current state new or amended compact must be approved by the 54 r'itle and SufmmaryfAnalysis _...... ......... ......... ......... ......... ......... ......... ......... ......... ............................... ......... ......... ......... Ir+aON.TRIBAL COMMERCIAL GAMBLING EXPANSION. TRIBAL GAMING COMPACT AMENDMENTS. REVENUES,TAX EXEMPTI01S S. 1N PIATIVE CONSTITUTIONAL AMENDMENT Al Sc Legislature,the Governor,and the federal government. These two scenarios are discussed below. As sovereign nations, tribes are largely exempt from Revision of Current;"ilibab.State Compacts state and local taxes and laws,including California envi- Under the Fust scenario, all compact tribes would be `s ronm.ental laws. ::.: ..... : required to agree with the Governor to terms required by 1999 c mpada.Most tribes signed their current Com- this measure within 90 days of its passage.Specifically,the pacts in 1999. tinder these compacts,a tribe may oper- measure requires that all tribes with Compacts agree to(1) ate up to two facilities and tip to a total of 2,000 slat pay 25 percent of their"net win"to the Gaming Revenue machines.In exchange, tribes maize some payments, to Trust Fuad (GRTF a state fund established by the meac- the state which can only,be used forspecified purposes ure)and(2)comply with certain.state laws,including those (such as for making payments to tribes that either goveming environmental protection,gambling regulation, do not operate slot machines or operate fewer than and political campaign contributions.Net win is defined as 350 machines).These payments total over$100 million the wagering revenue£ram all slot machines operated by annually. tinder these compacts, tribes are required to a tribe after prizes are paid out,but prior to the payment of prepare an environmental study analyzing the impact operational expenses- Under federal law, the federal gov- on the surrounding area of any new or expanded gam- ernment would have to approve the revised agreements. bling facility.These compacts will expire in 2020. 2004 Gomqurcts. In the summer of 2004, five tribes Expansion of Gambling tP Compacts Are Net Revised signed amendments to their compacts, and these As noted above, if the current compacts are not revised agreements were approved by the state. Under revised under the first scenario, the measure would these new agreements, these tribes may operate as allow slot machines on non-Indian lands. Specifically, many slot machines as they desire. In exchange, tribes tinder the second scenario, the measure allows speci- make a specified payment annually to the state, with fled racetracks and card rooms located in Alameda, additional payments for each slot machine added to Con Ira Costa,Los Angeles,Orange,San Diego,and San their facilities :k,, additional tribes sign similar corn- Mateo Counties to operate up to 30,000 slot machines pacts,payments to the state are expected to total in the (see Figure I). The measure would allow the sale or hundred-, of millions of dollars annually. Unlike the sharing of slot machine licenses in certain circum- payments required by the 1999 compacts,the state can stances. The measure also snakes permanent the limit use these payment-, for any purpose. The newer corm- on the expansion of both the number of card rooms pacts also require the tribes to (1) prepare more and the size of existing card roams (due to expire in detailed environmental studies;(2)negotiate with local January 24111 under current law). governments regarding payments addressing the .Net Win Payments. Racetracks and carol rooms would impacts of new gambling facilities on the local commu- pay 30 percent of the net win from their slot machines nities;and.(3) follow other provisions related to patron to the GRTF.They would also pay 2 percent of their net disputes, building codes, and labor rela-tions. These win to the city and 1 percent to the county in which the new agreements expire in 2030,ten years later than the gambling facility is located. The measure specifies,that 19W compacts. the payments to the GRTF be in place of any state or PROPOSAL local gambling-related taxes or fees enacted after This measure, which amends the State Constitution September 1,20113. and state statutes,sets up two possible scenarios regard- The Foe racetracks also would be required to pay annual- ing new state gambling revenues. ly alt additional 20 percent of the net win on their slot • machines. These funds would be administered by the The first scenario would occur only if all Indian C.�aliFornia Horse Racing Board and used to benefit the tribes with compacts agree tot specified revisions to horse racing industry,including the increase of race purses. their existing compacts. •The second scenario would be triggered if the Distribution of Gambling Revenues tribes do not agree to the revisions. In this case, Payments based on net win would be made to the 5 existing racetrack.-, and I1 existing card rooms GRTF under either scenario---whether tribes revised would be allowed to operate slot machines. their compact.-,or racetracks and card rooms operated slot machines. In either case, slot machine operators Analysis 55 . ......... ......... ......... ......... ........_........ . .1111 _ ........ ......... ......... ......... ......... ......... ........ ......... ......... ........ ......... ......... ........1..._111_. _. .. _.__._. _........ ......... ......... ......... :;<�?'�:. � .: .., _ '. :' . . 1111.:' . : .•... .. .'��':�� '{ 'o •�.��'::' NON-TRIBAL COMMERCIAL GAMBLING EXPANSION. TRIBAL GAMING COMPACT AMENDMENTS, REVENUES,TAX EXEMPTIO N& m IA. W CONSTI'rMONAL AMENDMENT AND STATUTE. a }. }.. fir' 4 }{•.r' 1111 r• '+ 1111. 1111 1111 .. j Sues.for Slat Machines at Racetracks and Card Rooms Ca3iFamia Gard Cassx} pac3�ezn iN: �ptltl'8k�OB'�%. Lecky Chances Casing ..¢yr:�::: Gcaf&ri i�fr4o tR Cohrs R Artiehxiiee fae'.s Casino j. � San Brum " . Bay Meadows Racetrack } Ssa}Aster 2 San matin } .. .. .......... . County ." .: i? :;.::o:.>:.;:.>:c>:.:i::::i: X. SAS A1't EIRS E t)Ikty Sassta Attica cctradt-:- }trzxdu Commerce Casino Camntercff Ric?•de C#-b Casing Betz Cwrderzs JC ff: . Crvsxaf ParkCasinn ' f"3MPrDfl { Natvarar,Gardens Casino ... R et,,,rk r-tasv.�n:;n Gs:dens Los Alwnims Racwtrack awfl R.. r4ty L-Al—ie, Nuseier Casino C snlsna Nwmand;eCasino 0[l1-nf o EM#i1 Gvr6ens %�:f3czata L'�ewn Cassw mo#ywood Park Cas no ^ hg1e»nocl tfohywood Park Racetrack B>�'lesreod ------------ a lander measure's second scenario (see text). 56 :Analysis :{.fir s•:4i:Or vn ,{;vq .{ ..yp�.,.y � f by t::•'livvi:{.. ...:.' '�k•'1.+. {+•:.. s.. S:d4Jc.............. ... .:... ........ .... ....... :...•. .... .. ..:.•. .�{ lK, .S?v'R�.�}.�'YdY+t+3}�YaNwSti• NON-TR:BAL COM:ERCIAL GAMBLING MANSION. TRIBAL GAMING COMPACT AMENDMENTS.REVENUES, TAX Ex"MONS. INITIATIVE CONSTITUTIONAL AMENDMENT AND STAT[3TE. Al would be required to pay for annual audits of their estimated that the machines are. generating net win reported net win and payments made to the GRIT.The of over $a billion annually in California, If the tribes measure establishes a five-member board appointed by agree to this measure's provisions, tribes would pay the Governer to administer the GRTF Figure 2 25 percent of their stat machines' net win to the s;. describes how fonds in the GRTF would be distributed. GRTF—potentially over$1 billion annually.These pay- The bulk of the funds would be distributed to local meats would be provided primarily to local govern- governments throughout the state for additional child ments to increase funding for child'protective, police, protective,police,and firefsgbting services. and firefighting services. Exiati t P4~aft to the State, As described above, tribes under the 1999 and 2W4 compacts pay hundreds of millions of dollars annually to the state for both spe- F DI[S't'ttIB TION OF FUNDS MOM cific and general purposes. This measure does not THE GAMING REVENUE TRUST FUND h specifically address whether these payments would con- _._ tinue or cease under the compact revision process_r4s a First,payments would be made for three specifc purposes result,it appears that the continuation of the payments *Up to t percent of the funds for administrative torts of the would be subject to negotiation between the tribes and inrtiative. *$3 million annually for"responsdrle gambling'programs. the Governor. If the revised compacts do not include a •supplernental pxyrnerns to tribes that do not operate slot corntinuation of these payments,the state would experi- mctrines or operate fewer than 350 machines, ence a reduction in payments--'potentially totaling :`second,remaining funds would be distributed to torxt hundreds of trillions of dollars annually. governments throughout be e a the state as.Faust.ss: Lx n of Gambling at�CArd 3iomm and l acetnicks 550 perces would albcated to counties to provide services gx for abused and faster cera chi Wren. amount,allocated to a ? NW Win p luenu.if the tribes des not agree to revise county would be based on the number of clriid abuse referrals ' their compacts within the time required,. specific card •3&perreat to ri ft gnwpolke of(based on population)for rooms and horse ratio tracks would be authorized to add'arana]sheriffs and prince o£ ers. g • 15 percent to beat governments(based an population)for operate up to W,f t} slot machines. These entities additional firefighters. would pay 30 percent of the net win to the GRTI+.The The measure also specifies that these funds could not replace amount of these payments would depend on the num- funds already being used for the same purpose, her of slot machines in operation and their net win. These revenues could potentially be over $l billion Relate:}Provisiom in ftopowtion 70 annually.These revenues would tae provided primarily Proposition 70 on this:ballot also contains provisions to local governments to increase.funding for child pro- affecting the number of slot machines authorized in the tective,police,and firefighting services. state. That measure would allow tribes entering a new Additional Puymeab to Load foverninerrts Also under or amended compact to expand the types of games this scenario, the cities in which these establishments authorized at casinos.It would also eliminate the exist- are located would collectively receive payments in the ing limits can the number of slot machines and facilities high tens of mullions of dollars (2 percent of the net a tribe can operate.In exchange for the exclusive right win).Counties in which these establishments are locat- to these types of gambling, tribes would fray the state a ed would collectively receive payments of half of this Percentage of their net income from gambling activi- amount (I percent of the net win). The use of these. ties. The State Constitution prmides that if the provi- funds is not restricted. cions of two approved propositions are in conflict,only 7r>xable ll t»tuicActerrit} If the tribes do not the provisions of the measure with the higher number Inavased of yes votes at the statewide election take effect. agree to the requirements of this measure, the expan- sion of gambling at card rooms and racetracks could PSt"X'L EF CT result in an overall increase in the amount of taxable The fiscal effect of the measure on state and local economic activity in California. This would occur if, governments would depend on whether current corn- over time,there was a large diversion o;fga tiling activ- pac:ts are revised or if racetracks and card rooms aper- ity and associated spending from other states to ate slot machines.The fiscal effect under each scenario ('. difornia. This would:also be the case to the extent is discussed below. that the gambling authorized by this measure replaced Revision of the Current Ikibat-State Cam cls existing tribal gambling activities (since much tribal activity is exempt from state taxation).This additional .Net Wins Papmseats.While tribes do not publicly report gambling-related activity would lead to an unknown information on their slot machine revenues, it is increase in state and local tact revenues. Analysis'; 57 . _.. ...... ......... ......... ......... ......... ......... ......... ......... ......... ......_... ._... ...._ ................._...... ......... .......... ........ ......... ...._.... ......... ......... ......... ......... ......... ......... :::•iiii<pi }Z,£fiLH,{LLOv\f >-`{?V. 94ti+.'S•}:4:,:}e•}xi.Y..hilt/3C-0f2at.NlA..::(:...'N.'+6�+,tiY :Jp,"dx4+6}»:^tr?SGY.::4•::4:t:.8nb:..f:�nS:/!b{•i.:+'9.0:7!f.+.w.f+Y.M:ry:H.i.»>:.•f.•:N.0:b:L±ey d .ti?ri Jf'?i2M.t:•Y:!w NON-TMAL COII tiMERCM CxAMB NG EXPANSION. TRIBAL GAMING COMPACT AMENDMENTS. REVENUES,TAX EXEMPTIONS � INi'I`IATI ''CC��ISfiIT 'i�fNAL Ai�ENIJ►M�N'T tANi?S'T'ATUTE. Can we share some straight talk,' These card clubs and horseracing tracks are located in : Indian casinos are earning between $5 Billion and the cities of:Arcadia,Bell Gardens,Commerce,Campton, Billion per year through a monopoly granted to them cypress, Gardena, Iiawaiian Gardens, Inglewood, and by the state of California. Under this monopoly, only Oceanside in Southern C'.alifornia and in the cities of Indian casinos can operate slot machines in California. Albany, Colma, Pacheco, San Bruno, and San Mateo in But while the rest of us pay taxes an what rile earn, the Northern California.Unlike Indian casinos,the carol clubs tribes pay almost nothing can their Billions of earnings--- and racetracks Nvould pay 33% of their revenues from the even though they use the same roads,schools police,and slot machines to local government. fire and emergency medical services that we all pay for. With Cx�alifornia's current budget crisis, we need the Last year,one Indian Casino alone had a slat machine money. profit of over SVM million and paid no tastes. According to the state's farmer Legislative Analyst, Bill It's time Indian Casinos paid their Fair Share. Hamm, Proposition fila will generate nearly $2 Billion In Connecticut and New`fork, Indian casinos pay the every year nnonies that will be sent directly to all local state up to a 2.5%Fair Share of their Winnings,in exchange government.-,around the state with all communities bene- for keeping their monopolies. fiting equally. Proposition 68 says to the Indian lubes: Ym ran keep It isn't fair that the tribes can build casinos wherever your mrmopoly on slot m arhines,but onAy ff you pray a 25%,Fair they want and make Billions of dollars through a monop- Shair like 114 loa&a-n Casins in C ouneeticnrt a-I d A'eru Ymae. oly granted by the state without paying tax" or a Fair The 25%hair Share would go to pay for Isocal police and Share tike the rest of us. fire services and local program for abused,neglected,and Bret PmJv,,rili na 68 is flair. It doesn't take any rights away foster children. The Tribes would also be required to fmm the Iridian Casinos.But it say.that if Indian Casinos comply with the same political campaign contribution and won't pay a Fair Share to support local public services like environmental protection laws that all of ins already must all of us, then they can't keep a state monopoly to them- comply with, selves_You can't have it both ways. Proposition fila actually gives the Indian casinos a It's time for the Indian Casinos to pay their.Fair Share. choice: If they pay their Fair Share, they keep their We urge:you to Vote YES on Proposition 68- monopoly can slot nnachines.But if they don't,the state will I.EE d3�8C.A,Sheriff also grant rights to a limited number of locations where C"aunty of loos An rki gaming already exists. LOU BLANAS, Shen("] The Indians mould keep operating their slot,-,but they'd C,aranty of Swrr"Woto get a little competition.A limited number of card clubs and ROY BURNS,President horseracing tracks where gaining nh *l v exists would be ,q isociration of Los:l ngeZes Deputy Sheriffs(A1.AR5) allowed to add slot machines to their existing games. z. . Proposition 68's promoters---card clubs and race- 30JW, new slot machines NEAR MORE THAN 9-00 tracks—are using a batt-and-switch scheme. They avant SCHOOLS. voters to think fib is about"making the Indian tribes pay •Education leaders and child advocates OT'I'OSE their fair share,'It's not, because Prop. 68 'WILL END UP COSTING OUR It's really a deceptive attempt to change California's SCHOOLS MILIAONS,hurting our kids. Constitution to create huge Las Vega.&-siT.e commercial •P&hc safety and local g(wernxnent leaders OPPOSE casinos on non-Indian lands throughout California. because Prop.68 means MORE TRAFFIC CONGESTION In•fart, the very mgraunations Pmp. 68 promwn-y clam to on already merrsxmded ft�ec�s u)s and surface streets. help, overu.>hehningly rayed this denpitm vvamre: Please join Governor Schivanzenegger, law enforce- *Taxpayer groups OPPOSE Prop,68 because IT WILL meat,firefighters,educators,parents,Indian tribes,busi- HURT---NOT HELP–THE STATE'S BUDGET— ness,latior,seniors,local government,environmentalists, not one dollar will go to reduce the state's deficit, and taxpayer groups,and VOTE NO ON 68. and 68 exempts-,its promoters from paying any future STOP THE DECEPTIVE GAMBLING PROPOSI- state and local tax increases. TION.It's a bad deal for all Californians. •The California Police Chiefs Association, California Please VOTE NO on PROPOSITION 68. State Firefighters Association,the California District CARL_A NIN"0,I'm,ideni Attorneys Association, and more than 80 County Falifornia Strafe Y]A Sheriffs OPPOSE because Prop. fig means MORE DAVID K.PAULSON,Pirsirlent CRIME AND HIGHER LAW ENFORCEMENT rrahfornaa District Attorneys Association COSTS.Prop.68 would place HUGE NEW CASINOS MIKE SPENCE,l'mident on non4ndian lands in our cities and suburbs-- Calafarm a 7&xpoyen l otectinn Committee 58 Arguments _. _..... ......... ......... ......... ......... ......... ......... ......... ......... ......... .._. . .................... . .............. ......... ......... ..._..... ......... ......... ........ ......... ......... ......... ......... ;.ti'GG/xR:+G'.Y•,v�AY.iAY:Y.f{:..:.'F.i::A::.b:06}.n4+C�b":✓ist^}:46:{GS<.A}� :5}%:i}'lJ'fi•:2?>S!+?Xi%�i.l:irC:+X'APG%+.:.H:i{{•+£d?4'l..H:N.N.ftdfG:U.i'b"�i:S42•X42Y3?£..+`.G�?d•%Y!:%4Y�•+1.3.'HAt3:iT975CXY:a:. .ft S•X£,J'fi;: NON-"TR WAL CO11+ ERCL4L GAMBLING EXPANSION. :> TRIBAL. GAMING COMPACT AMENDMENTS.REVENUES,TAX EXEMPTIONS. � immi YE CoNsTITUTIONAL AMENDMENT AND STATUTE. G ti. 1%ts4tage frmn Gwen rr Artwid Sc3autrzrxerteegg r 'lam qffsrmlly Enforcement Associations, California District Attorneys o rjmser#io t afxacitinn ,oras f�Ernngly urge v u to V07 NO," Association, More than 5B California Indian Tribes, State < This measure is not what it seems.While proponents claim Treasurer Phil Angelides, State Controller Steve 4'estly, the measure will force Indian gaming tribes to pay their fair superintendent of Public Instruction Jack O'Connell, share to the state,Proposition M does nothing of the sort. {.rime Victims United of California, Peace Officers Proposition 68 is not a guaranteed source of reve33ues for research Association of California, Sierra Club California, California.firm Indian gaining tribes. Instead it authorizes California School Beards Association, The Seniors 16 new I.as Vegas-style casinna to be built in urban areas Coalition, Prevent Child Abuse California, California .,a .._....1.. throughout California. Taxpayer Protection Committee. Governor Schwarzenegger has a vision for California that AND.1T COUNTY SHERIFFS: does NOT includeYnaking our state the next pert of gold * Sheriff James Allen * Sheriff Terry Bergstrand + Sherif for commercial casino gambling interests. Governor Virginia Black * Sheriff Ed Bonner * Sheriff Bob Brooks Schwarzenegger believes casino gaming should be limited * Sheriff Bill Cogbill* Shegf Anthony Craver* Sherif f'John to Indian lands. Crawford * Sired£Jim.Denney* S"ff Bob Doyle+Sherif f THE i4TW ACREE.MEN'tS G(ATRNOR SC 14WARZENEGGGER Robert Doyle * Sheetff Bill Freitas * Sherr('(' Curtis LIM NEGOTIATED WITH NO3NY INDIAN GAMING TRIBES + Sheriff William Kolender * Sheriff Dan Lucas ARE A WINNER FOR TRIBES AND TAXENYERS. These * Sheriff Ken Marvin, Ret. * Sheriff Scott Marshall agreements keep California's promise to Indian tribes •She nff Rodney Mitchell+Sheriff Bruce Mix•Sheriff Daniel while shaking them pay their fair. share. They promote Paranick * Sheriff Clay Parker • Sheriff Gary Penrod cooperation between tribes and local governtuents to deal + Sheriff Charles Plummer * Sheriff Jim Pope with the impact on law enforcement, traffic congestion, •Sheriff Ed Prieto* VeroMichael Pr•izmich*ShmffPerry and road construction. Unfortunately, Proposition 68 Reniff * Sheriff Richard Rogers + Sheriff Warren Rupf could destroy these new agreements, + Sheriff Robert Shadley, Jr. * Sheriff Gary Simpson The 16 new casinos authorized by Proposition 68 are • ,,%erx:fjCary Stanton * Sheriff Mark Tracy * Sheriff Dean located in urban areas of California.They will be near 200 Wilson. schools and major streets and freeways in Los Angeles,the PROP. fig N WOULD RESULT IN A HUGE EXPANSION San Francisco Bay Area and San Diego,further congesting OF CASINO GAMBLING ON NON 4NDIAN LANDS. our crowded roads. It's a sweetheart deal for the gambling interests behind it, NOT A SINGLE PENNY FROM THIS INITIATIVE CAN' another broken premise to Indian tribes, and a bad deal BE USED TO HELP BALANCE THE STATE BUDGET. for the rest of us. Further,the promoters of Proposition 68 have written it so VOTE NO ON 68. STOPTHE DECEPTIVE G IMBLIhG they are exempt from paying any future increases in state PROPOSITION. and local taxes. ARNOLD SCHSVARZENEGGER,Governor GOVERNOR SC:HWARZENEGGER JOINS ':MORE Slate of California THAN 400 PUBLIC SAFETY, TAXPAYER, AND OTHER JEFF SEDIVEC,Pm.wfiwi LEADERS IN SAYING- Ceafiforn is Stale Flrrfaghters'As orm6on VOTE NO ON 68 WAYNE QUINT,JR.,l'red&ns California Police Chiefs Association, C'Aifarnia State C,nhfomia Coalition of Lery Enfinrement Akwnaiwnm Firefighters' Association, California Coalition of Law "[Arnold Schwarzenegger] wants to remgotiate gam- sheriffs, keep local fire stations open, and fund proven ing compacts with casino-operating Indian tribes in the educational programs for abused and neglected children. hopes of getting tribes to share revenue with the state.He To make sure it's truly fair,we give the Indian casinos noted tribes pay Connecticut 25 percent of their rev the final choice.They choose to make this 25%contribu- enues, and said such an arrangement could pay for tion--dust as they do in New York and Connecticut. `thousands of police officers,thousands of teachers.'" Otherwise,the state will allow limited and highly regulat- -,Sacrarrmlo Bee SeIR. 24, 2003 ed competition with an even bigger financial return to We agreed then and we agree now. It makes zero California's communities. sense for the overwhelming majority of Indian Iasi- Before you snake your decision,please read the initia- nos•--a$Fi48 billion industry—to operate in California tive.We think you'll agree:it's time the Indian casinos did while paying virtually nothing to support the common the right thing.And pay their fair share. good. LEE BACA,Shoiff It's time for these immensely profitable Indian casinos C,mcrtty of Los Angors to give something back to the state that has given them LOU BLANAS,Sherif f the most lucrative gaming monopoly in history. les time t'ostnty of Safmr aerxin for the people of California.to get their fair share. R CYY BURN,IS,]-rmfident Proposition 68 isn't a blank check for the politiciansN, of Las Amos A-puty Sheriffs f.AC.,411S) in Sacramento. It requires a real and meaningful fair share payment that must be used to lure local police and Arguments 59 _ ...._. ......... ......... ......... ......... ......... ......... ......... ......... _ _ _ ..... ......_....... .......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... s TEXT OF PROPOSED LAWS county for each pmgrain authorized pursuant to parrs i 3}of.�Mh- but superseded by any other cez ing ballot measure approved by division(h)of this section. The Depariment of.fustier shtr the more voters at the same election, d the conflicting ballot measure is reports publict}a available on the de_partazenl s Reh life. later held invalid,it is the i €the voters that this measure shall be (d) All requirements impaled ran the Depurrmenf ofJurtiee purmant self-executing and be give e full force of the lain. to the DNA Fingerprint,Unsolved Crime and Innocence Protection Act Severability: pwvisimts of this measure are sm-eiable.if are comirrgem upon the avaliabiltty gffwiding and are limited by rrv- any -ision of s measure or its application is held invalid, that enue,on a fiscal year basis,rx�ceived Jsy the Department o fJ soce pur= invalidity sl affect other provisions or applications that can be suant to this seetion and any additional appropria#to+c approved bt>the given elle out the invalid provision or application. Legislature for purposes related to implementing fhx3 measwe. (c) hendrhtrar. e provisions of this measure may be amended (e) Upon appmvat of the DNA-fingetprint, Unsolved Crime and by acute that is pass each house of the Legislature and signed Innocence Pmtedion Act.lire t egivlatrrrr shall loan the Department of the Gamverthor-Alla . to this measure sball be to further the Justice General bund in the intron nt of$710 01,o ll f r purpaws measure and shall be consistent vY- its purposes to enhance the use of implementing that act,llic loan shall he repaid with intens ca - DNA identification evidence for the of accurate and e.xpedi- ed at the rate earned by the Pooled Money InvestmenrAcc si the tious crime-solving and exonerating the i time the loan is made_.Principal and iwmit ew the Man, be repaid (d) Supplarttation:.AII funds distributed or local govern- in full no later than finer yearsFrere the elate uxls made and mental entitiespttrsuaut to this measure shall not s ant any federal, .shall he repaid•fmm revenue generated p fn Ibis section. state,or local funds that would,in the absestce of this ure,be made SEC. V General Provisions available to support law enforcertant and prosecutorial "ties. (a) Conflicting Measures:if this treasure is approved by the voters, This initiative measure is submitted to the people in accordance with addressing gambling addiction,to reimburse the state for the costs of the provisions of Section&of Ahtiele If ofthe California Constitution. regulating tribal gaming, and to share gaining revenues with other This initiative.measure attends the California Constitution and adds Indian tribes in the state that do not operate gaming facilities. a section to the Govennnent Code,therefore,existing provisions pro- however,because Indian tribes are sovereign governments and are posed to be deleted are petaled its te*"V o and new provisions goo- exempt front most.forms of taxation,they do not pay any corporate posed to be added are printed in italic type to indicate that they are new. gaining taxes directly to the state on the profits derived from their gamin operations. PROPOSED LAW (e) Given California's current fnscal crisis,the irate needs to find THE INDIAN GAMING FAIR-SHARE REVENUE ACT new ways to generate revenues for the General Fund in the State Treasury. Indian tribes want to mad should do their part to assist OF 21148 California in meeting its budget needs by contributing ng to the state a fair SECTION 1. Title share of the net income they receive from gaining activities in r cogni- This act-,ball be known as the"Indian,Gaming Fair-Sham;Revenue tion of their continuing right to operate tribal gaming facilities in an Act of NOV' economic environment free of competition finnt casino-style gaming on cot-lndian lan&A Fiji-share for the Indian tribes to contribute to the SEC. 2. Findings and Purpose state is an amount that is equivalent to the amount of corporate taxes The people of the State of California hereby find and declare as that a private California corporation pays to the state on the net income follows: it earns from its lawful business activities. (a) The purpose of the people of the State of California.in enaicti (I) Accordingly,in order to provide additional revenues to the State this measure is to provide a means for California Indian tribes to con- of California in this time of fiscal crisis,this measure authorizes and tribute their fair share of gaming tevoms to the State of California. requires the Governor to enter into new or amended tribal gaming com- Both the people of Cahlbrial and California lndM tribal governments pacts under which the Indian tribes agree to contribute to the state a fair desire for tribes to assist in restoring financial integrity to the:state by share ofthe net income derived forst their gaming activities in exchange contributing an amount that is equivalent to what any private California for the continued exclusive right to operate casino-style gaming facili- corporation pays to the state on the net income it earns from its lave-fill ties in California. In addition,m order to maximize revenues for the business activities. state and to permit the free market to determine the number and type of (b) In Nlttrch 23100,the people of the State of California adopted casjno gains and devices that will exist on tribal lands,this measure Proposition IA,which authorized the Governor to negotiate tribal-stats requires these new or amended compacts to allow each tribal govern- gaming compacts with federally recognized In&=tribes for the opera- ment to choose the number and size of the gaming facilities it operates, tion of slot machines and certain casino games on tribal lands in and the types ofgatmes offered,that it believes will maximize the tribe's California in accordance with federal law.Proposition IA was enacted income;as long as the faeilities are restricted to and are located in those by the people in recognition of the fact that,historically,Indian tribes areas that have been designated by boor the State of Califtwma and the within the state have long suffered firm high rates of unempioynhem United States gvvermuent as tribal lands.Under the new or amended and inadequate educational, homing, elderly care, and health care compacts authorized by this,measure,Indian tribes must also prepare opportunities,while typically being located on lands that are not calls- cnuirorsznental inipacyt reports analyzing the oft reservation impacts o1' ducive to economic development in order to meet those needs. any proposed new or exparidect gaming facilities,and they must consult c) Since the ado itscrtt IA,once 3(€Iridian tribes have with the public and local government officials to deveWp a good-faith ( n� of� plan to mitigate any significant adverse envir onmetrtal impacts, entered into tribal gaming compoas with the Stare of Calsforriia.These cornpacts and the gaming€idlities they aidhoriae have assisted Indian SEC. 3. Section 19 of Article€Y ofthe California Constitution is tribes throughout the state to move towards economic self-sufficiency amended to read: by providing a much-needed revenue source for various tribal purposes, SEC. 19. (a) The Legislature has no power to authorize lotteries including tribal goveran-em serves and programs such as those that and shall prohibit the sale of lottery tickets in the State. address reservation housing,elderly eare;education,health care,roads, (b) The Legislature may provide for the regulation of horse races sewers,water systems,and other tribal needs.Tribal gaining has also and horse race ineetings and:wagering on the results. spurred new development,has created thousands of}obs for Indians held (e) Notwithstanding subdivision(a),the€egisiature by stature may on the local alike,and has lead a substantial positive locatee0onomic impact authorize cities and counties to provide for bingo games,but only for an the focal communities in which these facilities are located. (d) Under the existing tribal gaming compacts,Indian tribes at" charitable purposes- pay millions of dollars each year into two state special funds that are (d) NotwitlWandmg subdivision(a),there is authorized the estab- used to provide grants to local governments,to finance programs lWiment of a California State Lottery. Text:of Proposed Laves : 145 ......... ......... ......... ......... ......... ......... ......... ......... ......._. 1.111 .. . ....... .............. ......... ......... ......... ........ ......... ......... ......... ........ ......... ......... ......... ......... ......... ......... ......... ......... TEXT OF PROPOSED SAWS 1111 - . . . (e) The Legislature has W power to authorize,and shall prohibit, preparation,chrulation,and consideration by the trip.a of an eavimn- casinos of the type ctmmirtiy operating in Nevada and Now Jersey. mental impact report analyzing potential gff-reservatton impacts gf (f} Notwit}tstantding subdivisions{a)olid(e) and any other proal- aqv parr,jeect involving the devehVenew and construction of a new gam- sion of state law,the Governor is authorized to negotiate and cowtude ing facility Or the significant expansion,renovation,Or mad atiom�?f compacts,subject to ratification by the 1,*slatue,ftarthe Operation of an existing gaming,j?tcility.The environmental impact mpon prepared slot urachinres and for the condutx of in accordance with this subdivision shall incorporate the policies and any avow act firms Of Cbzss IIt gaining by of der objectives of the:atiomtj Envimnmental Ailicy Act and the California wily recognized Indian tribes on lixlian lands in California inn actor- Envir»rtmentaf3ualiav Act crrnvistent with the tribe`s governmentaf dance with federal law; Aocor4rigly, slot machines lotterg , interests,Prior to the commencement tri anv such prrrjec£, file tribe mulette,craps, banking and permitage,card games,anv{any and shall also agree M)in inform and to provide an opportunity for the all other fortes of easimr gaming are hereby speec£ficelly permitted to be public to submit comments regarding the planned project, (B)to con- conducted and operated on tribal lands subject to those compacts: .stilt with Local governmental cfficials regaining mitigation of signtfi- tlre l e l �te viva cant adverse off-reservation environmental imlxtcu and to make good- €} {g) Vixtwithstaotlittg subdivision (a), y faith efforts to mitigate any and all such significant adverse trf}=r-eser- authorize private,nonprofit,eligible organizations,as dcfsnied hy,the vation environmental imtaxcty,and(C)to keep local governmental gfft- Legislatute,to conduct rallies as a funding mcchanisi}to provide sup- cials and potentially ai'fecied members rtf the pufilic itrrrmed of the port for their own or another private,nonprofit,eligible organization's p-jerY T prrogress- beneficial annd charitable works,pnrrvided that(1)at least 90 percent of the gross receipts from the raffle go directly to benrti"or charitable #3) Any fedetally recognized Indian tribe requesting to enter into a purposes in California,and(i)any person who receives eotnpetrsation itew lir amended compact pur"ant to this.subdivision shall be entitled in connection with the operation of a raffle is arnemployee of tine private wirier,the terms of the compact to operate and comduci any,farms and nonprofit organization that is cmtducting the e.The Legislature, kinds ofgaming authorized and permitted pursuawl to snbdivision{f). two-thirds of the membembip of cwuh house covcurx lig,may airiend the (4) Any federally recognized Indian tripe trgnesting to enter into a percentage of gross receipts required by this subdivisum to be dedicat- nein or amended compact pursuant to this subdivision shall be entitled ed to beneficial or charitable purposes by means of a statute that is under lite terms of the compact to operate as many slut machetes and signed by the Governor. to conduct as many game-v as each tribal government deems aptimpri- {h) Notwithstanding subdivisions(e).and{B,and any other prrrvi- ate.There shall lite aWlse he no limit Under the terms of the compact on sion of state low,within 30 days Of being requested to do so by anyfed- the number or Me size ofgaining facilities that each tribe may establish crafty recOgri£zed Indian tr>ifi the trrrveraor is aylftvrtaecf directed and operate,provided that each and every such gaming facility must be and reguitrdio amend any existing comport with any lUd£an arihe and owned by the Tribe and operated only on ladiaii,landv an which such to gffer a net:compact tit out fedes>Zt reeognia d fitdian tribe witlrtnii gaming may law n vire conducted Under•federal law. an a xisttng compact,in acrrsrrlancr with the prasitrons nfthis sulyd#vi- (51 The initial term of any new or amended compact entered into siren. An "existing compttci"means a gaming coaeapact enietrd into putsnant to thissarhdivisinn shell be 99years,s,aid the rnntixtct shad#lie between the State and rte Indiantrxfaethou wets ratifiedprtOrrte theaflee- subject to renewal Upon mutual COnsem gfthe parties.The terms and live date Of the Indian Gaming bairSharx Revenue Ott of 2W4.Any conditions orf any new or amended compact entered into pursuant to existing ctimFsart that Is amendedpursuoat to tJn, suhdiv. .. shall not wits suhdivicton may be amended at any time by the mutual and written rrqui rr legislative ratification,but airy new compact entered into pur- agreement of both parlies, sUant tri this suhdivision,slrull kestitsmttted i r the Lagis#at»re wYihin IS (6) Any Indian tribe wvih an existing compact that wishes to enter days after the tondusion of negodaMms and shalt he deemed rutifta d if into an amended compact pursuant to skis subdivision shall not be it is not retecied Icy each house Of the rTegidatrara two-thirds ref the required as a condition thereof to matte any Other amendments to its members thereof concurrirr in the rejection,within 30 days afthe-mb- exigong compact nr&r ague to any ocher terms,crtnditiOns.or restric- mission of the compact to the,Legietatum by the Governor,except that lions beyond those contained in this subdivision and in its eristing con:- if this 349Lday period earls during a joint lair les of the Logislaoune-,the pact,except as the prtn-isions of its existing compact may be modified period shalt lee extended whit the tenth day jiNowing the day on which in accordance with panrgnaphy fl)to(51,inclusive. the Legislature reconvenes.All compacts amended pursuant to this sub- division,and all new compacts entered into pursitant Po this 5ubdivi- SEC. 4. Section 12012.80 is added to the California Gevertuz3erit sion,shall include the jirllo»ring terms,conditions,and mgair ements: Code,to read: 0) Any.federally rmognized huhim tribe requesting to enter into a 121112.86 Indian Gaming Fair-Shwe Revenue Fund new or amended compact pursuant to this snbdiuisurn shall agree under (a) There iv hembv created in the State Treasury it fund called the the terms q f`the compact to contribute to the Stag on a sovereign-tor- "Indian Gaming Fair-Sham Revenue Fund"for the receipt andd dep%vii sovereign bavis,a petrentage of Its net income foam gaming activities of mnaev.v received by the state from Indian tribes under the terms of that is equitalent to the arnovnt ofrevemie tate State anru#d receive eiv'e on the tribol-srtttegaming compaci_c entered into or amended pursuant to suh- same amount of net business income earned by a private,non-exempt division(h)of Section 19 o(Ar7ick IV of the California Constitution. Calffarnia corporation based upon the thea-prevailinngg general corps- Flit h2oa s in the Indian Gaming Fair-Sharr Revenue I Und shall rate tax rate raider the state Revenue and Taxamm Codehits oontr0m- be avdilable for•appmpr iation by the Legislature for any purpose spec- titin shall he trade in consideration far die exclusive right en;}o by ffred by tau Indian tribes to operate gaming facilities in an economic environment f ee tr{romperilion far slot maeftwx and other feints nfciass lfl caritur SEC. S. Inconsistency't'�ith Ether Ballot;Measures gaming on non-Indian lands in Col{f»raia.The compact shall provide The provisions cif this act shall be deemed to eonflit2 with and to be that in the event the Indian tribes lase their exclusive right to operate slat incv+nsisteat with any other initiative measure that appears on the same machines and other forms afClas y III casino gaming in Cadifnrnia,the ballot drat amends the California Constitution relating to gaining by obligation of`the Indian tribe to contribute to the State a portion of its loll eratly mcagaized Indian tribes in California.in the event that this act net income from gaming artivitiev pursuant to this subdivision shall and another tt reasti a that amends the Cal fortua Cotnstitubotnrelating to cease.Contributions made to the Sidir pursuant to this subdiviyfon droll gaming by lodilia tribes are adopted at the sane election,the measure he in lieu of anv and all other fines,taws,or levies that may he charged receiving the greater number of affirmative times shau prevail in its or unposed,directly or indirectly,by the Staie,Cities Or counties against entirety,and no provision of the measure receiving the fewer number of the.Indian trihe on its authorized gaming octivilint,except that a tribe affirtrtative votes shall be given any force or effect. amending an existitzg co nipari or entering into a nez%compact pursuant SEC. 5. Severability to this subdiv skm shall be myntred is make con£r ibun6m to the Revenue Ifany Sharing Trust Fund and if the tribe operated gaming devices on rty provision cif this act at the application thereof to any Ferran f t on circumstances September 1, 1449; to the Special Liia butim Fund.in amounts and unstaarees is held invalid car unconstitutional,taste invalidity or Underterms tial are identical to thrice committed in ttie existing compacts, unconstitutionality shall not affect other prmisions or applieatiuns Of this act tient can he given effect widhout the invalid or unconstitu- (2y Anv fie derol4 mcogs nizod bndian tribe repfm ing to eater into a tiorraf provision or application,and to this end the provisions of this new or amended compact pursbaaw to this sabdivixion shall agree ffi act aro under-the terms ofthe compact toradopt an ordinance pmviding fw•the res ciao' ......::....::... 146 Text of Proposed Laws _.. ._ ......... ......... ......... ......... ......... 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PROp('}5i'TidN TRIBAL GAMING COMPACTS. EXCLUSIVE GAMING 70 RIGHTS. CONTRIBUTIONS TO STATE. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. { ,r ,,b v.,..,M,.,..,,,.w,,,w.�:>,�.:4:.�:�:.,�<.,,:.,x.�•�.W„,�:..z•.�.... :�,:�„�: ,�:.�:�:,�....�,..,:�,..:h..,�,.v..v:�:,:�<.�:- �:,.•. ,,.,,..•.:,M.,..;:,N..,.�>:F:.z.x.{ Tlrihal Gaming Compacts.Exclusive Gaming Rights.Contributions to State. Initiative Constitutional Amendment and Statute. * t pon request by £c-de ally-recognized Indian tribe, C�cn�rn«r must execute: renewable 99-year gamin compact. + Cxrants exclusivve tribal gaming rights, no limits on number of machines, facilities, types a£ games ort Indian land. + Tribes contribute percentage of net ineotne;based on prevailing state corporate tax rate,to state fund. + C ontribution.s cease if non-tribal casino-type gaming is permitted. + Contributions are in lieu of any critter fetes,taxes,levies. + Requires off-reservation impact ,eastrients, public notice comment opportunities before significam expansion or construction of gaming facilities. Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: • Unknown effect on payments to the state from Indian tribes. The potential increase or decrease in these payments could be in the tens of millions to over a hundred million dollars annually. • Likely reduction in tribal payments to local gos>ernments, potentially totaling in the millions of dollars annually. BACKGROUND agreements were approved by the state. Under these new Indian Tribes in CWorrnita. [ander federal law, Indian agreements, these tribes may operate as many slot tribes in California are considered sovereign nations.As a machines as they desire.In exchange,these tribes make a result,tribes are not required to pay most federal,state,or specified payment annually to the state, with additional local taxes(such as income,property,or sales tart).In addi- Payments for each slot machine added to their facilities. tion, tribes are largely exempt from state latus, including Payments to the state from these revised compacts are California environmental and workplace laws. expected to total in the low hundreds of millions of dollars Gambir on T}ibel Lands. Federal law and ilia State annually.Unlike the payments required by the 1999 com- C.onstitutiun allow tribes to ctmduct ggambling on Indian Pacts, Else state can use is require re tate tribes for any purpose. land if they enter into agreements with the state. These The newer compacts alio r�uire the,titles u> of prepare agreements,called compacts,lay out the conditions tinder more gimeed environmental studies, (?) negotiate with which the gambling may occur.Under current compacts, the impacts ne regarding facilities addressing tribes may operate,slot machines and card games,such as the imparts of Hary gambling facilFtie` on the lural twenty-one.Other Nevada-style casino games such as craps communities, and (3) follow other provisions related to incl roulette are prohibited.Currently,fa}tribes have comp_ patron disputes,building codes,and labor relations.These Pacts and operate 35 casinos with a total of more than new agreements expire in `L133(3, ten years later than the 54,000 slot machines. 1999 compacts. 1999 G`ompach. Most tribes signed their current com- PROP'M41. pacts in 1999.Under these compacta,a tribe mac operate This memure amends tare State Constitution and state up to two facilities and tip u)a total of 2,000 slat machines. statutes to require the Governor to amend an existing In exchange; tribes make some payments to the state compact or enter into a new compact with any tribe within which can only be used for specified purposes(such as for :HCl days of a tribe's request.Any such compact would hate making payments to tribes that either do not operate slot to include certain provision,as discussed below. machines or operate fewer than 3503 machines).These pay- Gambiing Revemses. Under the provisions of the meas- ments total over$100 million annually.Under these cont- ure, a trip entering into an amended or new compact pacts, tribes are required to prepare an environmental would pay the state a percentage of its net income from study analyzing the impacton the surrounding area of any gambling activities. The percentage of net income paid new or expanded gambling Facility. These compacts willwould be equivalent to the corporate tax rate paid by a pri- expire in 2020. vate business(currently 8.84 percent).The meastrre spec- 2004 Campads.In the summer of 2004,live tribes signed ifies that the state could spend these revenues for any pur- amendments to their 1999 compacts, and these revised pose.In the Gwent that the tribes lose their exclusive right 64 Title and SurnmarylAt'k3l}Isis ''I'll'-,... ......... ......... ......... ......... ......... ......... ......... ......... ....... ......... ......... ............. ......... ......... ......... ......... ......... ......... .......... ........ ......... ......... ......... ......... . TRIBAL GAMING COMPACTS. EXCLUSIVE GAMING RIGHTS.CONTRIBUTIONS TO STATE. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. S to conduct certain type of gambling in California, tate •Larjy Lower PrsymentL Rather than the per machine tribes would no longer be required to Crake these pay- pa rurnLs to the state required under the 2004 cotn- ments to the state. These payments generally would be in pacts,this measure's payments would he based on the ... . ; place of any other state or local government fees,taxers,or income generated: by the machines (and other levies on gambling activities. (Tribes,however,would still games). The amount of payments received by the be required to make the specific payments required tinder state,therefore,would vary among tribes,depending the 1999 compacts.) on their gambling operations.Consequently,it is difli- Evpansienof Gambling.The measure expands the types cult to determine the exact amount that would be of games authorized by the compacts to include roulette, paid to the state, We have reviewed the payments craps,and any other form of casino gambling.The meas- required by the x#}04 compacts and those required ure eliminates the 1999 compact limit on the number of under this trcompactasure.For any given level of tribal gam- slot machines and facilities a tribe can operate on Indian ►ding activity,the payments to the state would tend to lands. be lower under this measure. Compacts Extended.The measure specifies that any •Fewer Regulations.Trus tinder this treasure would not amended or new compact would retrain in effect for be subject to several provisions in the >f3134 compacts. 99 years.These compacts could be amended or renewed such as the requirements for more extensive environ- upon agreement of the Governor and a tribe and approval mental rrvieewK and negotiations with local governments. by the federal government- 'Longer Length. Under the measure, tribes' compacts FovirorrmemtalStudies.A-s required under the 1999 corn- would last 99 years. This would provide tripes with pacts, Any tribe entering a compact under this measure greater king-term stability for their gambling operatiotn.s. would be requited to prepare an environmental study ana- Given these provisions compared to existing compacts, lyzing the impact on the surrounding area of arty new or we would expect many tribes to request amendments expanded tribal gambling facility. under this measure. In this ease, tribes would be able to Related Provhrio ra in Pmp isstion 6& Proposition tali on add additional slot machines and other games to their this ballot also contains provisions affecting the number of operations.C.tonse-quenth,tribal gambling across the state slot machines authorized in the state.That measure would under this measure would:likely be hither than otherwise allow specified card r(Aims and racetracks to operate slot would have been the case. machines if tribes do not agree to make specified pay- Estimated Caaab ng iRovenues. .Although the measure menus to the state and abide by certain state lays.The State could lead to an increase in overall gambling in the state, Constitution on provides that if the provisions of two it is unclear what impact that would have on payments to approved propositions are in conflict,only the provisions the state.This is because,as noted above,the payments for of the measure with the higher number of yes votes at the any given level of brambling activity would tend to be lower statewide election take effect. than under current lay. If the increase in gambling FIS+cA L Emm income were to more than offset Lhe lower payments, the Background. Over time, it is likely that additional tribe-`s state would experience an increase in annual payments. will seek amendments to their compacts similar to those On the other hand,if the increase in gambling income did agreed to by five tribes earlier this year.These amendments not offset the Tower payments,the state would experience would allow tribe to exceed their current limit of 21000 slot a reduction in aiurtzal payments. machines. As a result,over the next few years (absent any The change m revenues from current law would other changes),the state would likely experience: depend on a variety of factors including (1) the extent to • Increased slot machines operated on Indian lands in which tribes agreed to the measure's provisions, (2) the the thousands, extent to which new slot machines and games were added at gambling establishments, (3) the income generated •Increased state revenues in the hundreds of millions from gambling,and (4)how the:state enforced the collec- of dollars annually" tion of required payments based on the net income of • Increased payments to local governments to address each tribe.The change in payments—whether an increase the impacts of gambling on communities in the Fail- or decrease---could be in the tens of millions to over a lions of dollars annually. hundred million dollars annually. Changes Under the Measure. In comparison to the exist- Paynwnts to Local Gotwnments.To the extent that tribes ing compactas, the compacts authorized tinder this meas- opted to accept this measure's provisions rather than those ure would generally offer tribes the following- of the 2£304 compacts, they would not be subject to the •More Games. Tike the 2004 compacts, this measure's requirement for negotiations with local governments con- compacts would not restrict the number of allowable cerning coxnntnnity impact-.. As a result, local govern- slot machines. In addition,this measure would allow mems would likely receive less in payments from tribes. tribes to offer additional casino games,tike craps and The-amount of any such reduction is unknown but would roulette, likely be in the trillions of dollars annually. _. Analysis, 65 .YyM�COY/fA�Yp.•}W�.{'.ti�:iCfdyf^:{:<f••�•'fJ�AIY•t`4�:{r+l/rS{?�.Y'ltdW,rGnRhK+.:SkC4:.3+.0.1•K+S.R:I.'iii:}vn:J.•}}}}'wH}:{{.:.,v,:ik::J{{Titit'iTY .{\}.YrL•iF}:{•}YA%+!}YF.+}:{•:.v?%:nuGyiWY�4r�J.•:{'r�{[.l{ i:N.Ti:•:{ry.•'.{•: 4 1.R�M:�iiisVtt�•�n�rNG ww+O'rMP.ALIS. y+�^y��+��*�y e�^��•yry�I�+a� {�r�w e�.� California Indian Tribes have coxae forward with this one l"e,but insist that we all accept a deal that was only initiative and volunteered to pay millions of dollars from negotiated by a few. their gaming revenues to help California mxpayem 4V'e Our initiative is very simple and straightforward:We will want to pay our Iain-share,which means we would pay the pay millions of dollars to the State;in return,we want to be same as any Cather business pays in state taxes, able to run our tribal businesses like any other businesses. We would not pay any more or any less--just the same as This Proposition will continue the ban on new tribal everybody else.We think that is fair,even though the law casinos that are NOT on Indian Reservations, unlike exempts Indian tribes from paying rates on income from Proposition 64,which would result in casinos throughout gaming activities on Indian lands."A'e want to pay our fair California. share to help C..alfornia out of the financial problems that This Propositionwill lead Eta new agreements, allowing our political leaders have created_ each tribe to decide for itself how many casinos and what When California Indian-.were mounded tip and forced types or how uaarry games it wishes to operate on its tribal onto land that nobody wanted, they were giten the sower= lands.Tribes would get to snake these decisions,like other eignty to run their own affairs without interference_;how, businesses, without government interference. Market after decades of hardship,many tribes have been able to forces would determine the best decisions, achieve some success. Gashing revenues have finally Under the new agreements., tribes would prepare envi- allowed many tribes to provide education, housing, and ronmental impact reports and develop a good-faith plan to health care for their members. mitigate any significant adverse environmental impacts As history has sadly shown. however, there are some after consultation with the public and local governments. who now want to take the good fortune away from the And just like any other business that has the right to successful Indians. decide what kind of business to operate; Iridian tribes We are very thankful that the people of California voted would pay on their gaming revenues the equivalent of what time and again to respect Indian sovereigttty and support other businesses pay as an income tax. This is basically a Indians'rights to conduct gaming operations can tribal lands. w=in-tun for everyone. Now we are once again forced to go directly tta the That's why California's Indian tribes need your help voters and bypass the politicians in Sacramento. After once again to stand up for what's fair.Together,we will be misspending the State surplus, they are trying to get living up to the promises made to California's Indians. California Indian tribes to wake up the difference. They RICHARD M.MILANOVICH, lWbal Chaim— want to come onto our reset-ations and tell us how to run Agues Chemm Band oJ'Cahuiaa Indians our businesses. They won't negotiate with Indian tribes A Y More than 60 California Indian tribes operate casinos, Additional reasons Calilbrnians should VOTE NO on but just one tribe is sponsoring Proposition 70. It:says it Proposition 70- wan ts, 0:wants to be treated like other businesses,but-6diat other •Gives tribes a 99 year casino gaming agreement business can't be audited by the state to determine their +Wouldn't require tribes to pay taxes other companies taxable income?What Other business is granted a 9q-year pay,such as property and income taxes casino gaining agreement? •Allows tribes to own an unlimited number of casinos Proposition 70 is full of loopholes: with no size limits + No provision to ensure tribes pay their fair share •Paves the way for UNLIMITED casino gaming in +Keeps the state in the dark about the amount of major urban and suburban areas across California money Indian casinos earn Governor Schwarzenegger's agreements are a winner Governor Sc:hwarzenegger's negotiated agreements for tribes and taxpayers. These agreements keep with several gashing tribes will add$I billion to the state's California's promise to Indian tribes while ensuring they bottom line this year alone and hundreds of millions pay their fair share, more every year:Proposition 70 effectively destroys these VOTE NO ON PROPOSITIONS Fifa&70. agreements. DAVID W. PAULSON,Pw–viclerrt Don't be misled by this self-serving;measure that`s been C,als� wnia lAviria Aifcmruys Avswmlirm drafted by one lone Indian gaming tribe, Gove-mar JACK GRIBBON Schwarzenegger; leaders in law enforcement, labor; the C.rzhfmwia UXTIF HEs'1 environmental community,and senior all say VOTE NO JOHN T.KEHOE,Previri i on Proposition 70. C.atifnrnirt SeraerActirnz?Vetuarzk 66 Arguments ............................... _._. __.._...... ......... . ........ .......... ........ ......... ..._.._.. .._...... ......_.. ....._... ......... ......... ......... ,.. va v;;Yl.4Y:{•y}.{.;Loi:NdbhCVFE:'+b":i+fF..W.•::(:??�y/ErrY�•k.{{+.+r✓MnOS.C..ti:Tirh'E yNR;4+i??}%?ii4:Mf.4?{pti}}}J.LR$:fS:�d£yE•:yam i?YRSL+J.?N,{{/AY1.••l vJitiLG:TrdS:NE ECfI.f.:KyE?Y}•<-0L+i}}'H.SSv+MCvdN3uY'E[22f{ vv n.4:y ry, TRIBAL GAMING COMPACTS. �;> EXCLUSIVE GAMING RIGHTS. CONTRIBUTIONS TCI STATE. INNITIAT1W CONSTITUTIONAL AMENDMENT AND STATUTE- .; ll. X. %_Jill ttlessage fmm GovernoUr Arnold Schwar.�: I rim alfw-11y kixORKING CALIFORNIANS OPPOSE PROPOSITION 70: n,tp%ed to)n� sdvms 6 &70 and 1 strr»z `ysru to V1()7F "Responsible Indian tribes have already negotiated and NO" signed agreements with Governor Schwarzzenegger that are This measure is not what it seems, which is why good for employees and casino customers plug provide a Governor Schwarzenegger is asking you to V0 7E)V0.The significant boost to the California economy.The compacts wealthy Indian gaming tribes behind.Proposition 70 want already in plaice will create more than 2,5,00t) new jobs. you to believe this measure will force tribes to'pay their fair most important, the compact-. provide stability and pre- , re- : share." The inah is&at it gimes These Indian gnmiug tribes a dictability for governments tribes,and local commiritities" 99-year monopoly on gamMng wilhoW otter horsing to dray their Bob Balgenorth,President fair share in rmenufi to the state.If Prop. 70 passes,it will be State Building and Construction Trades Council of almost impossible to change, California For years Indian gaining tribes have paid almost nothing LAW ENFORCEMENT GROUPS ALSO OPPOSE to state or local governments. But now, GOVERNOR PROPOSITION 70. SC:HWARZENEGGER HAS NEGOTIATED NEW AGREE- "Casinos can be a magnet for crime, Unfortunately, MENTS WITH MANY TRIBES THAT ARE A WIN NER Proposition 70 provides no fund,to local law enforcement FOR TRIBES AND TAXPAYERS, agencies to help fight crime in the communities surround- UNFORTUNATELY;PROPOSITION 70 EFFEC:TTVELY ing Indian casinos.Please vote NO on this measure." DESTROYS THESE NEW AGREEMENTS.Prop.70 claims Chief Jerry Adams,President that tribes will pay a percentage of their net profits to the California Peace Officers'Association state,but it does not provide the state any auditing vehicle PROPOSITION:70 IS A BAD DEAL FOR CALIFORNIA. to determine those profits.Without a state audit,taxpayers Responsible Indian tribes have already negotiated and will never know if they are getting a fair deal or a raw deal. signed agreements with Governor Schtvar7rnegger that Unlike the new agreements Governor Scltmmenegger benefit both tribes and taxpayers.The tribes pay their fair has negotiated, this measure will allow tribes to massively share while agreeing to follow important environ- expand gambling by operatingart unlimited tturnber of easi- mental and public safety laws. Proposition 70 effectively nos. PROPOSITION 70 ENCOURAGES TRIBES TO PUT eliminates these protections and gives tribes a 99tiyear CASINOS IN OUR STATE'S MAJOR CTI TES,E C'Iih rISJM casino gaming agreement that.California will never be able GRLW RIND 7KiPF7C;C 0Ar"J703 PRO AIV, to change without another constitutional amendment. Governor Schwarzenegger's agreement promote coop- VOTE NO ON PROPOSITION 76. eration between tribes and local governments to deal with ARNOLD SCHWARZENEGGER, C'ozwmar the impact on law enforcement, traffic congestion, and Sio tr o f Crztzfrnnia road construction while providing needed environmental L.ARRYMcCARTI Y,Ptriidrw protections. Proposition 70 will undo these agreements. California?irxfstsyers'4issarrintiori PROPOSITION 70 PROVIDES NO MONEY FOR LAW SHERIFF BILL KOLENDER, 1s1 Vire Provident ENFORCEMENT, ENVIRONMENTAL I'_14PAC";`I'S, OR f alifornia State S3aexrffs'Associatitm TRANSPORTATION. The opponents of Proposition 70 have their facts If Proposition 70 doesn't pass, California will lose bil- wrong. lions of dollars in revenue from gaining tribes.Unless the Proposition 70's agreements will require Indian tribes existing compacts are changed,tribes would not be obli- that engage in gaining operation-, to pay the State the gated to pay any mom for the next 17 years. SAME AMOUNT that every corporation pays in state Governor Schwarzenegger has proposed his own coin- income taxes. No more, no less--WHAT COULD BE pacts,but they were so flawed that only about 4% of the FAIRER? state's tribes signed them. No other tribes will sign those Under Proposition 70, THE STATE is not prohibited agreements because they unfairly take away Indians' from agreeing to audit.-,of the Tribes'records to ensure rights. their fair share is paid. Only this initiative mill keep Indian gaining on reserves And Proposition 70 will mean that tribal gaming can tions and provide billions of dollars to California in a way occur ONLY on Indian land and NOWHERE ELSE.it will that is FAIR TO BOTH INDIANS AND TAXPAYERS. NOT lead to increased gambling OFF Indian lands. VOTE YES on PROPOSITION 70. California Indians sponsored this "Indian Fair Share RICHARD?v2.MILANOVIGH, fWhal Cli azaman Initiative"because xe knm,we had to turn directly to the Ague t'.a&nto Band of 02huiUa Iradmn voters,who have more sense than the politicians. We've seen the political games that continue to be played by special interest groups,who want Indians to k se their right to conduct gaining so they can take it over. Arguments 67 RE NU ON 6 ; 9 ° L004 l wwwstop6gxom CL�- -�' SUPERVISORS 93 CCJ r!A Cr`�,S'1:A CD PROPOSITION 68 POSES ONE FUNDAMENTAL QUESTION TO CALIFORNIA VOTERS: Do we want a huge expansion of casino gambling on non-Indian lands? Prop. 68 would authorize the big corporate gambling interests bankrolling the measure (racetrack and card club owners like Rustler Magazine's Larry Flynt) to operate Las Vegas-size casinos with 30,000 slot machines in our cities and suburbs—near 200 schools and traffic congested streets and freeways. Prop. 68 is opposed by more than 500 law enforcement, public safety, education, business, labor, environmental and taxpayer leaders and organizations, including Governor Arnold Schwarzenegger, California Police Chiefs Association, California State Firefighters' Association, more than 30 county sheriffs, California District Attorneys Association, California Coalition of Law Enforcement Associations, California State PTA, more than 60 California Indian Tribes, League of California Cities, California State Association of Counties, Sierra Club and California Taxpayer Protection Association. HUGE NEW CORPORATE CASINOS, MORE CRIME, MORE TRAFFIC Until now, slot machines in California have been limited to Indian lands. But Prop. 68 would usher in a whole new era of private gambling establishments and along with it, more crime and more traffic. As the San Francisco Chronicle reports (5/11/04): Prop. 68 means "California will quickly surpass Nevada as the nation's top gambling state." Many of the new casinos Prop. 68 authorizes would be larger than the largest casinos in Las Vegas. A SWEETHEART DEAL FOR THE PRIVATE GAMBLING INTERESTS BEHIND IT In a deceptive marketing ploy, Prop. 68's backers are trying to sell their measure as a way to force Indian tribes to pay their "fair share." The truth is Prop. 68 would do nothing of the sort. It's on the ballot for one purpose and one purpose only: To give its backers an exclusive right to operate 30,000 neIw slot machines in huge casinos throughout California. And they stacked the deck to ensure that's exactly what they'll get if it passes. A RAW DEAL.FOR TAXPAYERS AND INDIAN TRIBES More than 60 California tribes oppose Prop. 68 because it's a deceptive attempt to break the promise California voters have twice made with our tribes. Taxpayer organizations oppose it because it's also a bad deal for the rest of us. Public safety officials oppose it because it would increase crime and public safety costs. The California State PTA opposes it because it would cost our schools millions. According to the independent, nonpartisan Legislative Analyst's report, not a single dollar generated from Prop. 68 could be used to reduce the state budget deficit. Nor does Prop. 68 include any guarantees revenues will be spent properly–just more money down the bureaucratic black hole. Proposition 68 is "the worst of both world's: nothing mare from the tribes and a huge expansion of casino-style garbling."–Los Angeles Times Editorial(12/9/43) Please call 800-420-8202 to join the coalition against Preposition +68. NO on 68:Californians Against the Deceptive Gambling Proposition, A Coalition of Indian Gaming Tribes,major funding by United Auburn Indian Community and Pala Band of Mission Indians 111 Anza Blvd.,Suite 406,Burlingame,CA 94010 +Tel: (650)340-0470 Fax: (650)340-1740 ,1300 w.Olympic Blvd.,Suite 840,Los Angeles,CA 90064•Tel: (310)996-2676 Fax: (310)996-2673 9-304 Locations of Las Vegas-style Casinos Authorized by the ...r.f:r. Deceptive Gambling Proposition San Francisco Bay Area k r,f fan Fr n0 :;. E «: .:f .,..r f g E ;f r g rt �;�r r N ON 68 0 T le Deceptive Ganibling Propositioii www.Stop68.com Who opposes Proposition 88? (as of September 1,2004) Statewide Constitutional Officers County Sheriffs (cont'd) Governor Arnold Schwarzenegger Humboldt County Sheriff Gary Philp Lieutenant Governor Cruz M. Bustamante Inyo County Sheriff Dan Lucas Treasurer Phil Angelides Kern County Sheriff Mack Wimbish Controller Steve Westly Lake County Sheriff Rodney K.Mitchell Secretary of State Kevin Shelley Lassen County Sheriff Bill Freitas Superintendent of Public instruction Jack O'Connell Madera County Sheriff John Anderson Marin County Sheriff Robert T. Doyle Statewide Public Safety U,rnanizations Mariposa County Sheriff James H.Allen Mendocino County Sheriff Anthony J.Craver California Coalition of Law Enforcement Associations Merced County Sheriff Mark N. Pazin California State Sheriffs'Association Modoc County Sheriff Bruce Mix California Police Chiefs Association Mono County Sheriff Daniel A. Paranick California Professional Firefighters" Napa County Sheriff Gary L. Simpson California State Firefighters'Association Placer County Sheriff Edward N. Bonner California District Attorneys Association Plumes County Sheriff Terry Bergstrand Peace Officers Research Association of California Riverside County Sheriff Bob Doyle California Association of Highway Patrolmen San Benito County Sheriff Curtis J. Hill California Correctional Peace Officers Association San Bernardino County Sheriff Gary S. Penrod CAUSE—Statewide Law Enforcement Association San Diego County Sheriff William B. Kolender Association of Conservation Employees San Joaquin County Sheriff Baxter Dunn Association of Criminalists—DOJ San Luis Obispo County Sheriff Patrick Hedges Association of Deputy Commissioners Santa Barbara County Sheriff Jim Anderson Association of Motor Carrier Operations Specialists Santa Clara County Sheriff Laurie Smith Association of Motor Vehicle Investigators of California Santa Cruz County Sheriff Marts Tracy Association of Special Agents—DOJ Shasta County Sheriff Jim Pope California Association of Criminal Investigators Sierra County Sheriff Lee Adams California Association of Food and Drug Investigators Siskiyou County Sheriff Richard Riggins California Association of Fraud Investigators Solano County Sheriff Gary R.Stanton California Association of Regulatory Investigators and Sonoma County Sheriff Bill Cogbill Inspectors Sutter County Sheriff Jim Denney California Association of State Investigators Tehama County Sheriff Clay D. Parker California Fish and Game Wardens Association Tulare County Sheriff Bill Wittman California Organization of Licensing Registration Examiners Tuolumne County Sheriff Richard L. Rogers Chicano Correctional Workers Association Ventura County Sheriff Bob Brooks CHP—Radio Dispatchers Association Yolo County Sheriff E.G. Prieto Fire Marshal and Emergency Services Association Yuba County Sheriff Virginia R. Black Hospital Police Association of California Minorities in Law Enforcement County District Attorneys State Employed Fire Fighters Association State Park Peace Officers Association of California Amador County District Attorney Todd D. Riebe Contra Costa County District Attorney Robert J. Kochiy County Sheriffs Imperial County District Attorney Gilbert G.Otero Alameda County Sheriff Charles C. Plummer Inyo County District Attorney Art Maillet Alpine County Sheriff John M.Crawford Kern County District Attorney Ed R.Jagels Amador County Sheriff Michael Prizm€ch Kings County District Attorney Ron Calhoun Mariposa County District Attorney Robert H. Brown Butte County Sheriff Perry L. Reniff Merced County District Attorney Gordon Spencer Colusa County Sheriff Scott D.Marshall Modoc County District Attorney Jordan Funk Contra Costa County Sheriff Warren E. Rupf Mono County District Attorney George Booth Del Norte County Sheriff Dean D.Wilson Monterey County District Attorney Dean D. Flippo Glenn County Sheriff Robert A.Shadley,Jr. Napa County District Attorney Gary Lieberstein NO on 68:Californians Against the Deceptive Gambling Proposition, A Coalition of Indian Gaming Tribes,major funding by United Auburn Indian Community and Pala Band of Mission Indians 111 Anza Blvd.,Suite 406,Burlingame,CA 94010*Tel: (650)340-0470 Fax: (650)340-1740 11300 W.Olympic Blvd.,Suite 840,Los Angeles,CA 90064•Tel: (310)996-2676 Fax: (310)996-2673 , Cou rty„District,4ttr rney tconfd) Local Public WOW Leaders and Nevada County District Attorney Michael Ferguson Ornanizations fconfdl Orange County District Attorney Tony Rackauckas San Diego County District Attorney investigator's Association Placer County District Attorney Bradford R. Fenocchio San Diego Police Officers Association Riverside County District Attorney Grover Trask San Joaquin Delta College Peace Officers Association Sacramento County District Attorney Jan Scully San Jose Police Officers'Association San Bernardino County District Attorney Michael A.Ramos San Mateo County Deputy Sheriffs Association San Diego County District Attorney Bonnie M. Dumanis Santa Barbara County Deputy Sheriffs'Association Santa Clara County District Attorney George Kennedy Santa Barbara Police Officers'Association Shasta County District Attorney Gerald C. Benito Santa Clara Police Officers Association Sierra County District Attorney Lawrence R.Allen Sonoma County Deputy Sheriffs'Association Solana County District Attorney David W.Paulson Yolo County Deputy Sheriffs Association Tehama County District Attorney Gregg Cohen Safety Employees Benefit Association President Jinn Erwin Trinity County District Attorney David Cross Placer County Deputy Sheriff flan Bogardus Tulare County District Attorney Phillip J.Cline Placer County Deputy Sheriff David Hunt Ventura County District Attorney Gregory D.Totten Riverside County Assistant Sheriff NO D. Lingle Yolo County District Attorney David C.Henderson Riverside County Chief Deputy Sheriff Michael G.Andrews Assistant Probation Officer Stephen Henninger(Fair Oaks) Bridge Director Gregory Davis(Novato) rganizations and Leader8 Border Patrol Agent Marco Ramirez(La Mesa) Crime Victims O Crime Victims united of California CHP Officer Tara Graham(Hayward) Justice for Murdered Children Fire Captain Don Combs(Whittier) Justice for Murder Victims Fire Captain Wade Harrison(Olivehurst) WeTip Fire Dispatcher Kelly Johnson(Los Angeles) Klass Kids Foundation President Marc Klass Firefighter David Blancett(Covina) Firefighter Robert French(San Diego) Local Public Safety Leaders and Firefighter Robert Hawkey(Whittier) fraanizations Firefighter Robert Miller(Palos Verdes Estates) Firefighter Steve Silvius(Bakersfield) Chico Police Chief Bruce E. Hagerty Firefighter/Paramedic Robert Wiedensohler(Corona) El Centro Police Chief Raymond Loers Firefighter/Paramedic Robert Wiedensohler(Corona) Firebaugh Fire Chief John G.Borba" Lake County DUI Program Supervisor Glenn Trumble Fresno Police Chief Jerry P. Dyer Parole Agent Jim Cook(Folsom) Gridley Police Chief Jack B.Storne Police Officer Glen Schnoor(Menifee) Huntington Beach Police Chief Kenneth W.small Police Officer Floyd Waldron(Costa Mesa) La Mesa Police Chief Cliff Resch* Police Specialist Pamela Darkes(Canyon Country) Palm Springs Fire Chief Bake Goetz Police Department Youth Diversion Counselor Michael Scacco Palm Springs Police Chief Gary Jeandron (Cathedral City) Parlier Police Chief Christopher Little Riverside County Sheriff Cois M. Byrd(Retired) Sanger Police Chief Thomas L. Klose Kings County Sheriff Ken Marvin(Retired) Tustin Police Chief Steve Feaster Carmel-by-the-Sea Police Chief William Ellis(Retired) Upland Police Chief Martin Thouvenell La Palma Police Chief Norm Hansen(Retired) Association of Bakersfield Police Officers Laguna Beach Police Chief Neil J.Purcell(Retired) Carlsbad Police Officers Association Palm Springs Fire Chief Bary A.Freet(Retired) Cathedral City Police Officers'Association California Highway Patrol Sergeant Kevin Kelly(Walnut Creek Chico Police Off€cere Association -Retired) Combined Law Enforcement Association of Riverside County Los Angeles County Deputy Sheriff Donald McFadden Contra Costa Deputy Sheriffs Association (Retired) Deputy Sheriffs'Association of Alameda County Fire Captain Chuck Knapp(Barstow-Retired) Deputy Sheriffs'Association of San Diego County Firefighter Lowell Bardwel€(Valley Center-Retired) Deputy Sheriffs'Association of Santa Clara County Firefighter Dale Calhoon(Mission Viejo-Retired) Fresno Deputy Sheriffs Association Firefighter Robert Clanton(Hesperia-Retired) Half Moon Bay Police Officers'Association Firefighter Earl Clark(Yucaipa-Retired) Huntington Beach Police Officers Association Firefighter Adam Forbes(Santa Ana-Retired) Kern Law Enforcement Association Firefighter Kenneth Hines(Thousand Palms-Retired) imperial County Sheriffs Association Firefighter Grady Houk(Sacramento-Retired) Los Bomberos de San Diego Firefighter Clarence Merriman(Rancho Santa Margarita- Milpitas Police Officers Association Retired) Monterey County Deputy Sheriffs'Association Firefighter Eldon D.Neff(Woodland-Retired) Oceanside Police Officers'Association Firefighter Bennie Petty(Capistrano Beach-Retired) Ontario Police Officers Association Firefighter Robert Pietruszka(Sacramento-- Retired) Palm Springs Police Officers Association Firefighter Jeff Sedivec(Santa Ana-Retired) Piedmont Police Officers'Association Fire Marshall Remy Zuur(San Leandro-Retired) Pinole Police Employees Association Deputy Sheriff John Thurman(San Clemente-Retired) Placer County Deputy Sheriffs Association Police Detective Edward Hewlett(Garden Grove-Retired) Riverside Sheriffs Association Police Lieutenant Garold Murray(Galt-Retired) San Bernardino County Safety Employees' Benefit Association Police Officer Kenneth Berggren(Ventura-Retired) San Diego City Schools Police Officers Association Police Officer Robert Fyffe(Lancaster-Retired) 2 Local Public Safety Leaders and Education Community (cont'd) Organizations (confd) Fresno County Board of Education Police Officer Roy Kelley(San Diego-Retired) Fruitvale School District Board of Education Police Officer Stephen Kelly(Norwalk--Retired) Humboldt County Board of Education Police Officer John Marshall(Altadena-Retired) Imperial County Board of Education Police Officer Ralph Sipes(Escondido-Retired) lnyo County Board of Education Police Officer Joseph Soares(San Francisco--Retired) Kern County Board of Education Police Officer Lucky Springer(Tujunga-Retired) Kings County Board of Education Police Officer Peter Walsh(Riverside-Retired) Lake County Board of Education Madera County Board of Education Marin County Board of Education Children's Services Organizations and Mariposa County Board of Education LiBTs Mendocino County Board of Education Menifee Union School District Board of Education Prevent Child Abuse California Merced County Board of Education Asian Pacific Child Abuse Council Modesto City Schools Board of Education" California Technological Care* Modoc County Board of Education Child Abuse Prevention Council of Napa County Monterey County Board of Education Child Abuse Prevention Council of Sacramento Moorpark Unified School District Board of Education Child Abuse Prevention Council of Shasta County Ocean thew School District Board of Education(Oxnard) Daisy Child Development Center(Los Angeles)* Orange County Board of Education Only Love Children's Centers(Sacramento) Orcutt School District Board of Education Para Los Ninos(Los Angeles) Palm Springs Unified School District Board of Education Rainbow Family Day Care(San Francisco) Parent Institute for Quality Education(San Diego) Riverside County Prevent Child Abuse Placer County Board of Education Southeast Los Angeles County Child Abuse Council Plumas County Board of Education Yes2Kids--Antelope Valley Child Abuse Prevention Council Rancho Santa Fe School District Board of Education California State Faster Parent Association Vice President San Diego County Board of Education Tina Hughes San Luis Obispo County Board of Education California State Foster Parent Association Northern Region San Mateo County Board of Education Vice President Nadine L. Fleek Santa Clara County Board of Education California State Foster Parent Association Secretary Santa Clara Elementary School District Board of Education Gilbert Jaramillo Santa Maria-Bonita School District Board of Education" California State Foster Patent Association Past President Selma Unified School District Board of Education Nina J. Coake Solan County Board of Education Child Welfare League of America Regional Director South Bay Union School District Board of Education(Eureka) Cheryl Gully South Bay Union School District Board of Education(imperial JER€CHO:Voice for Justice Executive Director Beach)* Sister Simone Campbell Stanislaus County Board of Education San Bernardino County Foster Parent Association President Stockton Unified School District Board of Education David L. Miller Sweetwater Education Foundation Stanislaus County Foster Parent Association C.E.O. Ventura County Board of Education Velma Moore Alameda County Superintendent of Schools Sheila Jordan" Yuba Community Collaborative for Healthy Children Alpine County Superintendent of Schools James W. Parsons Community Advocate Cathy LeBlanc Amador County Superintendent of Schools Mike Carey Contra Costa Superintendent of Schools Joseph A. Ovick Education Communily Del Norte County Superintendent of Schools Francis Lynch El Dorado County Superintendent of Schools Vicki Barber California State PTA Fresno County Superintendent of Schools Peter G. Mehas California School Boards Association Humboldt County Superintendent of Schools Garry T.Eagles California County Superintendents Educational Services Huntington Beach Union High School District Superintendent Association Van W. Riley California Association of School Business Officials Imperial County Superintendent of Schools John D.Anderson California School Nurses Organization Inyo County Superintendent of Schools George Lozito Small School Districts'Association Kings County Superintendent of Schools John Stankovich California County Boards of Education" Madera County Superintendent of Schools Sally L.Frazier California Association of Latino Community College Trustees Marin County Superintendent of Schools Mary Jane Burke Alameda County Board of Education* Mariposa County Superintendent of Schools Patrick J. Holland Alpine County Board of Education Mendocino County Superintendent of Schools Paul A.Tichinin Alpine Union School District Berard of Education* Merced County Superintendent of Schools Lee Andersen Alhambra Unified School District Board of Education* Monterey County Superintendent of Schools William D. Barr Borrego Springs Unified School District Board of Education* Orange County Superintendent of Schools Castro Valley Unified School District Board of Education* William M. Habermehl Colusa County Board of Education Placer County Superintendent of Schools Alfred Nobili Contra Costa County Board of Education Plumas County Superintendent of Schools Michael Chetotti Cypress School District Board of Education" San Diego County Superintendent of Schools Del Norte County Unified School District Board of Trustees Rudy M.Castruita Encinitas Union School District Board of Education El Dorado County Board of Education 3 Education Community (cvnt'd) Education Community fconfda San Luis Obispo County Superintendent of Schools Stockton Unified School District Boardmember Clem Lee Julian D. Crocker Folsom/Cordova Schools Foundation Program Manager San Mateo County Superintendent of Schools John Mehl Linda Lee Santa Barbara County Superintendent of Schools Bill Cirone National Education Association American Indian/Alaska Native Stanislaus County Superintendent of Schools Caucus Chair Marty G, Meeden Martin G. Petersen Sutter County Superintendent of Schools Jeff Holland Cities and Counties Trinity County Superintendent of Schools Jim French Tulare County Superintendent of Schools Jim Vidak California State Association of Counties Ventura County Superintendent of Schools Charles Weis League of California Cities Imperial Valley College Board of Trustees President Del Norte County Board of Supervisors Rebecca L.Ramirez Marin County Board of Supervisors Imperial Valley College Trustee Rudy Cardenas,Jr. Riverside County Board of Supervisors Imperial Valley College Trustees Louis Wong Antioch City Council Marin Community College District Trustee Carole Hayashino Arroyo Grande City Council Palomar Community College District Boardmember Bakersfield City Council Mark Evilsizer Banning City Council South Orange County Community College District Trustee Barstow City Council Nancy Padberg* Belmont City Council Southwestern Community College District(Bonita)Trustee Calimesa City Council David Agosto Chino Hills City Council Southwestern Community College District(Bonita)Trustee Cupertino City Council Christine Aranda Del Mar City Council Southwestern Community College District(Bonita)Trustee EI Monte City Council Terri Valladolid Encinitas City Council Colton Joint Unified School District Board of Education Firebaugh City Council Member Robert D.Armenta,Jr. Hesperia City Council El Monte Union High School District Board of Education Holtville City Council Member Frank Ogaz Huntington Beach City Council Evergreen Elementary School District(San Jose)Board of King City City Council Education Member Sylvia Alvarez La Mesa City Council Hayward Unified School District Board of Education Member Loma Linda City Council Freddye M.Davis* Mammoth Lakes Town Council Los Angeles Unified School District Board of Education National City City Council President Jose Hulzar Orange Cove City Council Mountain View—Las Altos Union High School District Board Parlier City Council President Judy Hannemann Redlands City Council Mountain View—Whisman School District Board of Education Rohnert Park City Council Member Carol Fisher San Marcos City Council Ocean View Schoch District Board of Education President San Mateo City Council Paul H.Chatman(Oxnard) Sand City City Council Oxnard Union High School District Board of Education Member Santa Barbara City Council Dick Jaquez Santa Maria City Council Roseville Joint Union High School District Board of Education Santa Cruz City Council President Dean Forman Upland City Council Rowland Unified School District Boardmember Heidi Gallegos* San Bernardino County Board of Education Vice President Local Govemment L2adam Al Warier San Diego County Board of Education President Alameda County Supervisor Gail Steele Susan Hartley Amador County Supervisor Rich Escamilla San Diego County Board of Education Member Nick Aguilar Calaveras County Supervisor Paul Stein San Diego County Board of Education Member Coluss County Supervisor Doug White Ernie Dronenburg Colusa County Supervisor David G.Womble San Diego County Board of Education Member Bob Watkins Del Norte County Supervisor Chuck Blackburn San Diego County Board of Education Member John Witt El Dorado County Supervisor David Solaro San Diego Unified School District Boardmember John de Beck Imperial County Supervisor Hank Kuiper San Diego Unified School District Boardmember Imperial County Supervisor Gary Wyatt Frances O'Neill Zimmerman Kern County Supervisor Pete Parra San Luis Obispo County Board of Education Member Marin County Supervisor Susan L.Adams Gaye L.Galvan Marin County Supervisor Steve Kinsey San Mateo/Foster City Board of Education Member Merced County Supervisor Gloria Cortez Keene Melodie L.Lew Mono County Supervisor Torn Farnetti Sanger Unified School District Boardmember Jim Gonzalez Napa County Supervisor Brad Wagenknecht Selma Unified School district President Johnny L.Smith Orange County Supervisor Charles V. Smith Selma Unified School District Boardmember Andy Vasquez Orange County Supervisor Thomas Wilson Simi Valley Unified School District Berard of Education Riverside County Supervisor Marlon Ashley President Steven Mould* Riverside County Supervisor John F. Tavaglione 4 Local Government Leaders (confd) Local Government Leaders (cont'§) Riverside County Supervisor Jim Venable Encinitas Mayor Maggie Houlihan Riverside County Supervisor Roy Wilson Encinitas Councilmember Jerome Stocks San Benito County Supervisor Bob Cruz Escondido Mayor Pro Tem Marie Waldron San Joaquin County Supervisor Victor Mow Fillmore Councilmember M.Cecilia Cuevas San Mateo County Supervisor Richard Gordon Firebaugh Mayor George Conklin San Maters County Supervisor Jerry Hill Fontana Councilmember Josie Gonzales Santa Cruz County Supervisor Tony Campos Fort Bragg Mayor Jere Melo Solano County Supervisor Duane Kromm Fortuna Mayor Mel Berti Tehama County Supervisor Barbara McIver Foster City Mayor Marland Townsend Ventura County Supervisor John K. Flynn Fountain Valley Mayor Pro Larry R. Crandall Yuba County Supervisor Dan Logue Fresno Mayor Alan Autry Alameda Mayor Beverly J.Johnson Fresno Acting Council President Henry T. Perea Alhambra Vice Mayor Daniel Arguello Fresno Councilmember Jerry Duncan Antioch Councilmember Arne Simonsen Gait Mayor Darryl Clare Apple Valley Mayer Bob Sagona Galt Councilmember Thomas J.Matson Apple Valley Mayor Pro Tem Scott Nassif Glendale Mayor Bob Yousefian Arcata Mayor Bob Omelas Glendale Councilmember Frank J.Quintero Arroyo Grande Councilmember Jim Dickens Gonzales Vice Mayor Maria Orozco Artesia Mayor Sally Flowers Hawthorne Mayor Pro Tem Pablo H.Catano Atascadero Mayor George Luna Hayward Councilmember Kevin Dowling Atherton Mayor Kathy McKeithen Hayward Councilmember Bill Quirk* Azusa Mayor Cristina Cruz Madrid Hemet Councilmember C. Robin Reeser Lowe Bakersfse€d Councilmember David Couch Hemet Councilmember Marge Tandy Banning Mayor Pro Tem Brenda Sales* Hermosa Beach Mayor Art Yoon Barstow Mayor Lawrence E. Dale Hesperia Mayor Tad Honeycutt Barstow Mayor Pro Tern Paul J.Luellig,Jr. Hidden Hills Mayor Steve Freedland Belmont Mayor George Metropulos Highland Mayor Pro Tem Larry McCallon Big Bear Lake Councilmember Ken Daily Imperial Beach Mayor Diane Rose Bishop Mayor Ted Gardner Irvine Mayor Larry Agran Brawley Councilmember Don C.Campbell Irwindale Councilmember Julian Miranda Brawley Councilmember Esteban Vasquez Kerman Mayor Pro Tern Trinidad M.Rodriguez Brea Mayor John Beauman King City Mayor John L. Myers Brea Councilmember Bev Perry La Mesa Mayor Art Madrid Burbank Mayor Marsha R. Ramos La Mesa Vice Mayor Barry Jantz Calabasas Mayor Michael Harrison La Mesa Councilmember Dave Allan Calabasas Mayor pro Tem Barry Groveman La Mesa Councilmember Ernest Erwin Calimesa Mayor Shenna Moqeet La Mesa Councilmember Ruth Sterling Camarillo Mayor Don 1Waunch La Puente Councitmember Louie A.Lujan Camarillo Councilmember Charlotte Craven* La Quinta Mayor Don Adolph Carryon Lake Mayor John Zaitz La Quinta Councilmember Ron Perkins Carlsbad Mayor Bud Lewis Lafayette Mayor Erling Hone Carpinteria Mayor Richard Weinberg Laguna Woods Mayor Bob Ring Cathedral City Mayor George Stettler Larkspur Mayor Dan H€timer Cathedral City Mayor Pro Tem Gregory S. Pettis Lemon Grove Mayor Mary T. Sessom Cathedral City Councilmember Charles"Bud"England Loma Linda Mayor Karen Gaio Hansberger Chico Mayor Maureen A.Kirk* Lompoc Mayor Dick DeWees Chino Hills Mayor Gary G. Larson Los Angeles Mayor Jim Hahn Chula Vista Deputy Mayor Mary Salas Los Angeles Council President Alex Padilla CloAs Mayor Pro Tem Nathan Magsig Los Angeles Councilmember Tony Cardenas Coachella Councilmember Juan M. De Lara Los Angeles Councilmember Bernard C. Parks Coalinga Mayor Rory Lander Los Angeles Councilmember Jan C.Perry Colusa Mayor Rodney L.Biggs Lynwood Mayor Louis Byrd Corcoran Counc€#member Raymond M.Lerma Lynwood Mayor Pro Tem Leticia Vasquez Corona Councilmember Eugene Montanez Madera Mayor John W.Wells Cudahy Mayor Frank Gurule Mammoth Lakes Mayor Pro Tem Anthony Barrett Cudahy Councilmember David M.Silva* Martinez Mayor Rob Schroder Del Mar Mayor Richard L.Earnest Mendota Mayor Alfonso Sierras Delano Councilmember Ruben Hilt Milpitas Councilmember Armando Gomez Desert Hot Springs Mayor Matt Weyuker Mission Viejo Councilmember John Paul Ledesma Desert Hot Springs Councilmember Gary Bosworth Morro Bay Councilmember Betty Winholtz Diamond Bar Mayor Bob Zirbes Murrieta Mayor Pro Tem Kelly Seyarto Diamond Bar Mayor Pro Tem Caron Herrera National City Mayor Nick lnzunza Downey Councilmember Anne M.Bayer National City Councilmember Ron Morrison Dublin Mayor Janet Lockhart National City Councilmember Jose L. Natividad El Cajon Councilmember W.E."Bob"McClellan Norco Mayor Frank Hall El Centro Mayor Raymond Castillo Oceanside Councilmember Esther C. Sanchez El Monte Mayor Ernie G.Gutierrez Ontario Councilmember Alan D.Warner 5 Local Government Leaders (confd) Local Government Leaders (cont'd) Orange Cove Mayor Victor P. Lopez Suisun City Vice Mayor Pete Sanchez Grange Cave Mayor Pro Tern Frank R.Martinez Temecula Councilmember Ron Roberts Orange Cove Councilmember Roy Rodriguez Thousand Oaks Councilmember Dennis C.Gillette Pacific Grove Mayor Morris Fisher Twentynine Palms Mayer Glenn A. Freshour Pacific Grove Vice Mayor Don T.Gasperson Watsonville Mayor Judy Doering-Nelsen Pacifica Mayor Jim Vreeland Watsonville Councilmember Manuel Bersamin Parlier Councilmember Raul M.Villanueva Watsonville Councilmember Antonio Rivas Petaluma Councilmember Mike Harris West Covina Mayor Michael L.Miller Pico Rivera Mayor Carlos A.Garcia Westlake Village Counc€€member Jim Bruno Pinole Mayor Peter Murray Westminster Councilmember Russell C. Paris Pismo Beach Mayor B.Joe Crescione Westmorland Mayor Lawrence D. Ritchie Pismo Beach Mayor Pro Tem Mary Ann Reiss" Woodland Vice Mayor David M.Flory Port Hueneme Mayor Tani young Woodside Councilmember Dave Tanner Porterviite Mayor Pedro R. Martinez* Burlingame City Clerk Ann T. Musso Poway Mayor Mickey Cafagna Carlsbad City Treasurer Jinn Stanton Rancho Cucamonga Mayor William J.Alexander Coachella Valley Water District Boardmember Russell Kitahara Redlands Mayor Susan Peppier Fremont Planning Commissioner Robert Wieckowski Reedley Mayor Joseph P.Rhodes* Hawthorne City Clerk Daniel D.Juarez Rialto Mayor Grace Vargas Rialto City Treasurer Edward J.Carilto Ridgecrest Councilmember Steven P.Morgan Riverside City Planning Commissioner Stan E.Brown Rosemead Mayor Margaret Clark Santa Clara Valley Water District Boardmember Tony Rosemead Mayor Pro Tem Jay T.Imperial Estreera Roseville Mayor F.C."Rocky"Rockholm Water Replenishment District of Southern California Vice Sacramento Councitmember Dave Jones* President Pat Acosta* Salinas Mayor Anna M.Caballero Former Yolo County Supervisor Tom Stallard Salinas Councilmember Sergio Sanchez Former Watsonville Mayor Oscar Rios ,San Bernardino Councilmember Rikke Van Johnson San Diego Deputy Mayor Toni Atkins Labor Unions San Diego Councilmember Ralph Inzunza San Diego Councilmember Jim Madaffer California Labor Federation--AFL-CIO San Diego Councilmember Michael Zucchet California Nevada Conference of Operating Engineers— San Jacinto Vice Mayor Chris Buydos AFL-CIO San Joaquin Mayor Amarpreet S. Dhaliwal Hotel Employees&Restaurant Employees International Union --AFL-CIO San Jose Councilmember Nora Campos* San Jose Councilmember Chuck Reed State Building&Construction Trades Council of California— San Luis Obispo Mayor Dave Romero AFL-CIO San Luis Obispo Councilmember Allen K.Settle ding&Construction Trades Council,San Mateo County— San Marcos Mayor E. H.Corky Smith AFL-CiO Groom ole California Faculty AAssociation, Fullerton Chapter San Mated Mayor Car San Mateo Count€Imemole r John Lee Communication Workers of America,District 9--AFL-CIO San Mateo Councilmember Sue Lampert {Sacramento} San Mateo Councilmember Jack Matthews Communication Workers of America,Local 9400—AFL-C10 San Pablo Councilmember Paul V.Morris {Paramount} Sand City Mayor David K.Pendergrass Contra Costa Building and Construction Trades Council— Sand City Councilmember Jerry Blackwelder AFL-CIO Santa Ana Councilmember Mike Garcia Fresno Madera Kings&Tulare Building and Construction Santa Ana Counc€lmember Jose Solaria Trades Council—AFL-CIO Santa Barbara Mayer Marty Blum Laborers' International union, Local 89—AFL-CIO(San Diego) Santa.Barbara Councilmember Helene Schneider Marysville Central Labor Council—AFL-Gl0 Santa Clara Councilmember Patrick Kolstad Mid Valley Building&Construction Trades Council—AFL-CIO S {Yuba Santa Cruz Mayor Scott Kennedy ola Santa Cruz Vice Mayor Mike Rotkin Napa--Solana Building and Construction Trades Council— Santa Maria Mayor Larry Lavagnino AFL-CIO Santa Monica Hayter Richard Bloom Orange County Central Labor Council—AFL-Cf0 Santee Councilmember Mayor Richard John Bl Minto San Bernardino/Riverside Central labor Council—AFL—CIO Selma Councilmember lmmbe Michael Derr San Bernardino}Riverside Counties Building and Construction Selma Councilmember Sandra L.Niswander Trades Council—AFL-CIO Simi Valley Mayor Bill Davis San Diego County Building and Construction Trades Council— Simi Valley Mayor Pro Tem Paul Miller AFL-CIO Simi Valley Councilmember Glen.Becerra San Diego—Imperial Counties Labor Council—AFL-CIO Simi Valley Councilmember Barbra Williamson* San Mateo County Central Labor Council—AFL-CIO Soledad Valley CouncilmeerTed r rrera Santa Clara&San Benito Counties Building and Construction Soledad Counclimember John A. Saavadra Trades Council—AFL-Gl0 South El Monte Mayor Blanca M.Figueroa Sonoma—Lake—Mendocino Building and Construction Trades Council South El Monte Councilmember Hector Delgado AFL-CIO South Gate Mayor Henry G. Gonzalez Teamsters,Locall 890—AFL-CIO{Monterey) Stanton Mayor Alexander A. Ethans Ventura County Building and Construction Trades Council— AFL-C10 6 Labor Unisons (cQnt°d) rational,Statewide, Local Organizations Steelworkers Organization of Active Retirees and individuals United Teachers of Los Angeles Field Representative The Seniors Coalition Jose Govea Associated General Contractors of California California Alliance for Jobs Taxpayer Organizations California Association of Welfare Rights Organizations California Church IMPACT National Tax Limitation Committee California Manufactured Housing Institute California Taxpayer Protection Committee Congress of California Seniors Northern California Coalition for Limited Government Consulting Engineers and Land Surveyors of California Alliance of Contra Costa Taxpayers Engineering and Utility Contractors Association Humboldt Taxpayers League Lutheran Office of Public Policy—California Kern County Taxpayers Association Sierra Club California San Diego County Taxpayers Association Transportation California Santa Barbara County Taxpayers Association American Citizens Club(Brawiey) Waste Watchers(Alameda County) Building Industry Association of Kem County Clearview Homeowners Association(San Mateo) Desert Blind and Handicapped Association(Palm Springs) Minority Cor»mun tv Organizations and Jack Long Square Homeowners Association Leaders MacArthur Neighborhood Council(Los Angeles) League of United Latin American Citizens* Northwood Avenue Block Club(Carson) National Coalition of Hispanic OrganizationsSantee Chamber of Commerce Sober Living {Santa Monica} American National Native American Bar Association Temecula Valley Chamber of Commerce merican GI Forum of California Tuolumne County Chamber of Commerce Black Association n Vietnamese Professionals Violence Prevention Coalition of Greater Los Angeles Black Women k C Organized for Political Action Angelica Lutheran Church(Los Angeles)Senior Pastor California Black Chamber of Commerce Rev.Carlos Paiva California Hispanic Chamber of Commerce California La Raza Lawyers Association California Foundations on the Environment and the Economy Chair Donald Vial California dations Indian Gaming Association California State University Sacramento Professor California State NAACP Barbara O'Connor Mexican American Business&Professional Association Tafesilefa#(Samoan American organization) Del Norte Community Heath Center Clinic Manager American GI Forum,Modesto Chapter Hilda rte Co Contreras Aztlan Academy(San,lose) Desert Hospice Outreach President James E. Schell, Sr. Centro Latino de San Francisco (Palm Springs) CHARD Community Development Corporation(Los Angeles) Desert Family Medical Center Executive Director Kimberly Chicano Federation of San Diego County fang Clinicas del Camino Real(Ventura) Inglewood Chamber of Commerce Former President Comision Feminil Mexicana Nacional,San Diego County Carolyn Fowler Community Development Institute(East Palo Alto) National Council of Senior Citizens Regional Director Coro Hispano de San Francisco Charles F.Williams Greater Los Angeles African American Chamber of Commerce Riverside National Cemetery Volunteer Support Committee Institute for Socio Economic Justice(Imperial) Chair Paul Adkins Kem County Hispanic Chamber of Commerce* Schaefer Ambulance Service President,lames McNeal La Casa de San Gabriel Community Center United Chambers of Commerce(San Fernando Valley)Past Latina Latino&Indigenous People Unity Coalition(National Chairman Gary M.Thomas City) Los Angeles Metropolitan Hispanic Chambers of Commerce NAACP—Alameda Branch* Federal and State Officials NAACP--North San Diego County Branch Board of Equalization Member John Chiang Pakistani American Association of Southern California Board of Equalization Member Bill Leonard Sacramento Civil Rights Network U.S. Representative Joe Baca San Diego County Mexican American Political Association U.S.Representative Bob Filner San Diego County Hispanic Chamber of Commerce U.S.Representative Maxine Waters Watts/Century Latino Organization State Senate Majority Leader Don Perata Zapata Club(Srawley) State Senator Jaynes F.Baton,Jr. African American Community&Labor Alliance Co-Chair State Senator James L.Brulte Darren W. Parker State Senator Gilbert Cediilo AMI:District 16 Bishop Carolyn Tyler Guidry* State Senator Denise Moreno Ducheny Coalition LA Community Organizer Mario Cuellar State Senator Dean Florez League of United Latin American Citizens immediate Past State Senator Dennis Hollingsworth State President Mickie Solorio Luna State Senator Sheila Kuehl San Gabrietfin#and Valley Latino Roundtable President Jose State Senator Tom McClintock Zapata Calderon State Senator Rico 011er State Senator Deborah V. Ortiz State Senator Nell G. Soto 7 Federal and State Officials (cont'd) Native American_Tribes and Tribal Assemblymember John J. Benoit Organization8 fconfd) Assemblymember Russ Bogh pry Creek Rancheria Sand of Pomo Indians Assemblymember John Campbell Elem Indian Colony Assemblymember Ed Chavez Elk Valley Rancheria Assemblymember Ellen M.Corbett Ewiiaapaayp Band of Kumeyaay Indians Assemblymember Bob Dutton Fort Independence Indian Reservation Assemblymember Bonnie Garcia Fort Mojave Indian Tribe Assemblymember Jackie Goldberg Greenville Rancheria Assemblymember Ray Haynes Grindstone Rancheria Assemblymember Guy Houston Habemotolel Pomo of Upper Lake(a.k.a. Upper Lake Band of Assemblymember Rick Keene Pomo Indians) Assemblymember Christine Kehoe Hopland Band of Pomo Indians Assemblymember Jay La Suer Inaja Cosmit Band of Mission Indians Assemblymember Mark Leno lone Band of Miwok Indians Assemblymember John Longville Jackson Rancheria Bland of Miwuk Indians Assemblymember Ken Maddox Jamul Indian Village Assemblymember Bill Maze Karuk Tribe of California Assemblymember Joe Nation La Jolla Band of Luiseno Indians Assemblymember George A. Plescia Lytton Rancheria--Lytton Band of Pomo Indians Assemblymember Sharon Runner Manchester Point Arena Band of Pomo Indians Assemblymember Simon Salinas Manzanita Band of the Kumeyaay Nation Assernblymember Tony Strickland Mechoopda Indian Tribe Assemblymember Juan Vargas Mesa Grande Band of Mission Indians Assemblymember Lois Wolk Middletown Rancheria Former Assemblymember Gwen Moore Mooretown Rancheria Former Assemblymember Roderick D.Wright Morongo Band of Mission Indians North Fork Rancheria of Mono Indians aper5 Pala Band of Mission Indians News..p Paskenta Band of Nomlaki Indians Alameda Times Star Pauma Sand of Mission Indians Slack Voice News Pechange Band of Luiseno Indians Fremont Argus Pinoleville Band of Pomo Indians Hayward Review Pit River Tribe Los Angeles Times Potter Valley Tribe North County Times Redding Rancheria Oakland Tribune Redwood Valley Rencheria Sacramento Bee Resighini Rancheria San Diego Union Tribune Rincon Band of Luiseno Indians San Jose Mercury News* Robinson Rancherla San Mateo County Times Rumsey Band of Wintun Indians San Mateo Daily Journal San Pasqual Band of Mission Indians Santa Rosa Press--Democrat Santa Ysabel Band of Diegueno Indians Torrance Daily Breeze Scotts Valley Band of Pomo Indians Tri-Valley Herald(Pleasanton) Sherwood Valley Rancheda Shingle Springs Rancheria Native American Tribes and Tribal Smith River Rancheria Soboba Sand of Lulseno Indians i t nizations Susarnrille Indian Rancheria Ague Caliente Band of Cahuilla Indians Sycuan Band of the Kumeyaay Nation Augustine Band of Cahuilla Indians Tirnbisha Shoshone Tribe* Barone Band of Mission Indians Torres Martinez Desert Cahuilla Indian Tribe Bear River Band of Rohnervilie Rancheria Trinidad Rancheria Berry Creek Rancheria* Tule River Indian Reservation Big Lagoon Rancheria Tuolumne Band of Me-Wuk Indians Big Sandy Rancheria Twenty-Nine Palms Band of Mission Indians Bishop Paiute Tribe United Auburn Indian Community Blue Lake Rancheria Viejas Band of Kumeyaay Indians Bridgeport Paiute Indian Colony Yurok Tribe Cabazon Band of Mission Indians Cahto Tribe—Laytonville Rancheda California Valley Miwok Tribe Chemehuevi Indian Tribe* Cloverdale Rancheria of Pomo Indians Colusa Indian Community Council,Cachil Dehe Band of Wintun Indians Cortina Indian Rancheria *=new addition since last list Coyote Valley Band of Pomo Indians 8 Sample Local Government Resolution Opposing Proposition 68 Gaming Revenue Act of 2004 Whereas,Prop.68 would authorize the corporate gambling interests bankrolling the measure(racetrack and card club owners, including Hustler Magazine's Larry Flynt) to operate Las Vegas size casinos with 30,040 slot machines in our cities and suburbs--near 200 schools and already congested streets and freeways;and Whereas,Prop. 68's backers are deceptively trying to sell their measure as a way to help the state's fiscal crisis,yet according to the independent, non-partisan Legislative Analyst's report, not a single dollar generated from Prop. 68 could be used to reduce the state budget deficit;and Whereas, until now, slot machines in California have been limited to Indian lands. But Prop. 68 would usher in a whole new era of private gambling establishments,with many of the new casinos larger than the largest casinos in Las Vegas;and Whereas,the California Police Chiefs Association,California State Firefighters' Association,California District Attorneys Association,and more than 130 law enforcement groups and public safety officials, including more than 30 county sheriffs strongly oppose Prop. 68 because these huge new casinos would increase crime and traffic,straining already-stretched local public safety budgets; and Whereas,Prop.68 exempts the huge new casino developments from local zoning laws and the California Environmental Quality Act(CEQA)thereby undermining local control; and Whereas,the Prop. 68 exempts these card clubs and racetracks from future state and local tax increases; and Whereas,except for the few cities and counties that would host these casinos,Prop. 68 funds cannot be used to reduce existing budget deficits of individual cities and counties,and the measure denies cities and counties the right to use funds where local governments determine they are most needed; and Whereas,according to law enforcement experts,the funding this measure provides for local police,sheriff and fire departments is"exclusively"for"additional"personnel and cannot be used for any other purposes such as equipment, support,training,supervision,and other necessary expenditures required to support new personnel; and Whereas,according to the former California State Auditor General,cities and counties must use existing budget dollars to establish a baseline or maintenance of effort expenditure for child protective services,sheriffs,police officers and firefighters to be eligible for any new funds generated by the measure which could end up worsening local budget problems. THEREFORE BE IT RESOLVED, opposes Proposition 68. Organization Name Date Authorized Signature Printed Name Title Mailing Address City State Zip Telephone Number Fax Number E-Mail Address Organization Website Please fax to 310 996-2673. If you have questions,please call 310 996-2676 5-18-04