Current Status

Compacts with five tribes were ratified in 2003 and 2004. Several amendments to these compacts also have been ratified by the Legislature. Most notably, the 2004 amendments to compacts with five tribes substantially altered the original financial framework of the 1999 compacts. Currently, nine compacts or compact amendments proposed since 2004 have not received legislative ratification.

The 2004 compacts allowed five tribes, two in Northern California (the Rumsey Band of Wintun Indians and the United Auburn Indian Community) and three in Southern California (the Pala Band of Mission Indians, the Pauma Band of Luiseño Indians, and the Viejas Band of Kumeyaay Indians) to operate an unlimited number of Class III slot machines in exchange for payments to the state General Fund for machines added after ratification of the compacts. By contrast, tribes could operate no more than 2,000 machines under the 1999 compacts. Unlike the 1999 compacts, the 2004 compacts require payments to the General Fund, as well as payments to be used to support a bond that will repay loans made by a state transportation account to the General Fund in 2001-02 and 2002-03. The 2004 compacts also require that tribes negotiate with local governments concerning enforceable memoranda of understanding to address environmental, public safety, infrastructure, and other demands related to casinos.

The Chumash did indeed have informal talks with the Governor in 2006 as part of a consortium of tribes. Part of those discussions involved adding 5000 more slots, but the talks between the Chumash and the Governor were halted. Four of the tribes belonging to the consortium continued talks with the Governor and eventually signed compacts. The Governor’s main motive for signing these compacts was that they would, according to the Department of Finance generate an estimated $20 billion of additional contributions to the General Fund over the 30 years lifespan of the compacts. Lots of debate over this projection, but that’s another issue.

The tribes with amended compacts pending are: Agua Caliente Band of Cahuilla Indians; Morongo Band of Mission Indians; Pechanga Band of Luiseno Mission Indians; San Manuel Band of Mission Indians; Sycuan Band of the Kumeyaay Nation. These amendments were introduced late in last year's legislative session and were stalled in the Assembly due to lack of time and heavy opposition from organized labor, which complained that the pacts provided too little protection for casino workers. Racetrack opposition, arguing that the casinos were taking away too much income from them was much more muted.