Cost of Gambling - $1 Cost $3 - Flawed Study

Just about every organization or group that opposes gambling uses John Warren Kindt and Earl L. Grinols “the state can expect $3 in costs for each $1 in benefits” to push their anti-gambling cause. Opponents to gambling treat this as a basic fact without questioning its validity. I was curious to find out where this ratio came from and how it was derived. Turns out it is just an estimate. An estimate derived from flawed data and equations. It is, in fact, just another heavily biased view from opponents of gambling. Grinols and Kindt cite each other and even themselves as sources for their “studies” while introducing no new independent research or studies.

An example of how flawed Grinols and Kindt’s “studies” are is discussed by Douglas M. Walker, Ph.D. (Associate Professor of Economics at Georgia College) in his paper “Evaluating Crime Attributable to Casinos: An Analysis of Grinols and Mustard's 'Casinos, Crime, and Community Costs'" (May 3, 2007)

http://walker-research.gcsu.edu/J%20Pubs%20PDF/GMCrime5-07.pdf

In the abstract Walker states,” There are several serious problems with their analysis and the interpretation of their results. First, the crime rate used by Grinols and Mustard includes crimes committed by county visitors but excludes visitors in the population at risk measure because county visitor data are not available. The result is an overstatement of the crime rate in casino counties. Second, the results may suffer from a bias caused by counties self-selecting into the “casino county” category. Third, the dummy variables used to account for casinos do not allow the authors to isolate the crime effect caused by casinos. Finally, the authors make conclusions that are not supported by their data, analysis, and results.”

This, to me, is the most damaging to Grinols and Mustard’s crime rate study, which is what their 1:3 cost ratio is based on. It is the fact that they failed to include visitors as part of the population at risk. When you calculate crimes per population (which is what they base their costs to society on) but fail to include the visitors as part of the total population at risk then the crime rate obviously goes up, but it is a false number. Basically their study and the conclusions they make are based on believing that only the residents of communities with a casino are the ones that have crimes committed against them and that visitors and tourists come and go to the valley free of crime. Flawed to the hilt. What about the resident who commits a crime against a visitor? That is not even considered in their "study". They tweak the data so that the results fit their cause and this is only one example of many. There are many variables that should be accounted for when "attempting" to calculate crime rate (social costs) and the real truth is that without an accurate account of the number of visitors and tourists visiting the valley, not just the casino but the whole valley, then any conclusions made by anyone is purely speculative and should be treated as such.


Sources:
http://www.maine.com/editions/2006-05-15/images/20060531000107C.pdf
http://www.baltimoresun.com/news/local/bal-md.slots14nov14,0,2202951.story?coll=bal-local-headlines http://www.americangaming.org/Press/press_releases/press_detail.cfv?ID=143

Agua Caliente's Amended Compact - New Economic Impact Study

A new economic impact study by the Rose Institute of State and Local Government at Claremont McKenna College, found that the Agua Caliente's amended compact, authorizing a third casino and 3,000 more slots now before the State Assembly for approval would pump somewhere between $2.15 billion and $2.54 billion in revenue-sharing payments from 2007 through 2030 into state coffers, funnel $48 million into the Revenue Sharing Trust Fund to help non-gaming Indian tribes and employ 3,604 to 4,118 people by 2010 when the tribe expects to expand its two existing casinos to 2,000 terminals each. The study was commissioned by the tribe.

Other findings included job gains of "up to 1,544 employees per year" and a "cumulative increase of about $1.93 billion in wages, benefits and tribal program expenditures.” Purchases are expected to increase to somewhere between $207 million and $237 million per year. “These figures represent an increase of 40 percent to 60 percent over the employment and purchase amounts that would not exist without approval of the amended compact,'' the report said. "The cities of Palm Springs, Cathedral City, Palm Desert, Desert Hot Springs, Indio and all of Riverside County would receive significant economic benefits as a result of the amended compact."

"Ratifying this compact will result in a huge number of good jobs and significant new economic activity for Riverside County,'' said tribal chairman Richard Milanovich. "The communities in which we live and build our businesses will share in the prosperity that the amended compact will ensure."

Article Here:
http://www.thedesertsun.com/apps/pbcs.dll/article?AID=/20070530/NEWS06/705300325/1006

Assembly GOP Want Vote Scheduled

In a May 22 letter to Assembly Speaker Fabian Núñez, D-Los Angeles Núñez, twenty-two Assembly GOP members complained that the Assembly has taken no action on legislation allowing five tribes to expand their casinos. The compacts were passed by the Senate on April 19, and the GOP members say they want a vote scheduled in the Assembly.

"As members of the Legislature, it is our duty to vote on these compacts in a timely manner and to allow these sovereign nations an opportunity to present their case," said the letter sent by Assembly Republican leader Mike Villines, R-Clovis

Steve Maviglio, a spokesman for Núñez, noted that the Assembly Governmental Organization Committee conducted a hearing on regulation of tribal gambling, two weeks ago. "Apparently Mr. Villines is not aware of the Assembly's schedule," Maviglio added. "We have not taken up any Senate bills until we complete action on Assembly bills."

Article Here:
http://www.thedesertsun.com/apps/pbcs.dll/article?AID=/20070530/NEWS06/705300326/1006

Compacts Stalled - Oversight is Key

The loss of federal oversight has become the main stumbling block for the amended compacts which have stalled in the State Assembly. Earlier this month, in an effort to counter Assembly Democrats who say the pending gambling agreements must be reopened to address the loss of federal guidelines, attorneys for the governor and the California Gambling Commission told an Assembly committee that the state could fill any regulatory void under the 1999 compacts. “We determined that all of the compacts provide the commission with ample oversight authority and access related to tribal (internal standards),” Commission Chairman Dean Shelton told the Governmental Organization Committee. “This includes the authority to review tribes' gaming facilities and inspect related gaming operations or . . . records.” The administration also has supported a move by the state gambling commission and some tribes with pending compacts to develop a statewide regulation to require casino standards at least as stringent as the federal rules. However, the proposal has drawn a cool response from many of California's more than 60 gaming tribes. But Shelton said the commission could adopt and enforce the proposed statewide regulation on internal standards even if most tribes reject it

Assemblyman Alberto Torrico, Chairman of the Governmental Organization Committee isn’t convinced and noted that just last year, the commission had lamented the state's “limited compact authority” in its request for a budget increase. “Either we're serious about coming up with a statewide solution or . . . we're going to admit here publicly we don't care, there is no federal regulation, we have these compacts pending,” Torrico said. “Let the chips fall where they may.”

There is a lot of concern about things we believe are already in place,” said Nancy Conrad, a spokeswoman for Agua Caliente. “We believe the regulatory oversight is there.”

George Forman, a prominent tribal attorney who represents both Sycuan and Morongo, said that despite widespread criticism of the 1999 compact, “The state did not leave itself defenseless and paralyzed.” He said the state has the ability under the compact “to ensure that tribes adhere to (minimum standards) consistent with those mandated by the National Indian Gaming Commission.”

I. Nelson Rose, a Whittier Law School professor who specializes in gambling law, said the state lacks clear authority to conduct broad audits of tribal casinos. He also recalled tribes' efforts to squeeze the gambling commission's early budgets. “You can't regulate if your budget is dependent on the whims of politicians who are subject to political pressure from the tribes,” he said.

Full Article Here:
http://www.signonsandiego.com/news/state/20070528-9999-1n28casinos.html

Close Look At The National Gambling Impact Study Commission

The “No gamble in this move” editorial of May 11 in the Santa Maria Times generated negative comments from our local anti-casino factions. The editorial commented that the recent $1 million to the Cottage Hospital in SantaYnez was a generous gift by the Chumash and a good thing for the people of our valley. But this small minority saw the donation as ‘buying off” the community and claiming that the money didn’t come from the Chumash but from “the tax payers” and low income people who are “barely scraping by” It seems now that their 5000 slot non-issue has been exposed as just that, a non-issue, they are desperate enough in their campaign against the Chumash to now start attacking the Tribes charitable donations. These attacks, along with Terri Harmon’s recent commentary in the Valley News asking that groups and organizations stop taking donations from the Chumash, really shines a light into their true motives and shows how far removed they are from “trying to help the valley”, as these groups claim to be doing. The comments were extremely negative and emotional and it reveals the intense animosity these people feel towards the Tribe and the casino and again begin to cross that “being about the people” line. They are sinking lower and lower.

A few of the commenter’s referred to “findings” in the National Gambling Impact Commission report. I knew about this report but had yet to look through it and I thank these people for using it as a source and thus motivating me to review it. Although I couldn’t find the data to verify what these people claimed the study found I did find some other very interesting results from the study… results that these people probably do not want the community to be aware of because the results basically shoot holes in everything they say about gambling and the casino and the supposed negative impact they incur on the state, community and society as a whole.

Congress authorized The National Gambling Impact Study Commission on June 3, 1996. The report was extensive and took 2 years to complete. The Commission was an independent commission which was not under the auspices of any executive agency, nor specifically controlled by the legislative or judicial branches of government. The purpose and function of the Commission was to conduct a comprehensive legal and factual study of the social and economic impacts of 1) gambling on federal, state, local, and Native American tribal governments and 2) communities and social institutions including the individuals, families, and businesses which compose them. The study included the following:

1. A review of existing government policies and practices regarding legalizing and prohibiting gambling, including the costs of such policies and practices.

2. An assessment of the relationship between gambling and levels of crime, including existing enforcement and regulatory practices that address such relationship.

3. An assessment of pathological or problem gambling, including its impact on individuals, families, businesses, social institutions, and the economy.

4. An assessment of gambling's impact on individuals, families, businesses, social institutions, and the economy generally, including advertising's role in promoting gambling and gambling's impact on depressed economic areas.

5. An assessment of the extent to which gambling provides revenue to State, local, and Native American tribal governments and the extent to which possible alternative revenue sources may exist for such governments.

6. An assessment of the interstate and international effects of electronic gambling, including the use of interactive technologies and the Internet.

I’m so glad these folks from the extreme minority used the National Gambling Impact Commission to state their case. Let’s see what the final results were.

Gaming opponents were very excited about this study predicting that the outcome would lead to the end of legalized gaming in the U.S. However, even though a majority of the commission members opposed any form of gaming, the final report recognized the tremendous contribution that casino gaming has brought by way of jobs, capital investment and economic development to new casino jurisdictions. The study revealed that "a new casino of even limited attractiveness, placed in a market that is not already saturated, will yield positive economic benefits on net to its host economy" and that communities closest to casinos experienced a 12% to 17% drop in welfare payments, unemployment rates and unemployment insurance. In its final report, the NGISC summarized the testimony heard from more than 20 elected officials from jurisdictions with casino gaming: "... Without exception they expressed support for gambling and recited instances of increased revenues for their cities. They also discussed community improvements made possible since the advent of gambling in their communities and reviewed the general betterment of life for the citizenry in their cities and towns."

One of the most common issues that opponents of gambling perpetually focus on is pathological or “problem” gambling. The anti-casino groups in our valley have always said that this is a huge problem and that it should be addressed. While gaming opponents have claimed that approximately 10% of players are pathological gamblers, actual studies indicate a much lower number. In 1997, the Harvard Medical School put the number at 1.3%. A study conducted by the National Research Council of the National Academy of Sciences for the NGISC re-analyzed the data from the Harvard Medical School analysis in order to isolate the estimates for the United States and found a pathological gambling prevalence rate of 0.9% – 1.5% A study published in the Journal of Clinical Psychiatry in 2005 estimated the lifetime prevalence rate of pathological gambling at .42% based upon data derived from a sample of more than 43,000 U.S. residents aged 18 and older.

As the NGISC pointed out "the vast majority of Americans gamble recreationally and experience no measurable side effects related to their gambling, or they choose not to gamble at all." In other words, approximately 99% or more of the people going into the casino are perfectly normal happy citizens who go, by their own free will, to enjoy and entertain themselves by gambling, or to see a show or perhaps have dinner or perhaps all three. Anti-casino groups paint a picture of a building full of sick people gambling away their houses and families and the Tribe laughing all the way to the bank. The fact is, according to the report, that only about 5% of the of the gaming industry’s revenue is generated by individuals with a gambling disorder. Overall, casino patrons spend their money wisely. According to a 2002 poll conducted for the AGA by Peter D. Hart Research Associates and The Luntz Research Companies, 80 percent of customers always or usually set a budget before they gamble.

Let’s look at Alcohol/Drug abuse compared to pathological gambling. The national prevalence rate is about 1% for lifetime pathological gambling. Lifetime alcohol dependence is 13.8 % while drug dependence is 6.2 % So why is saving the 1% of problem gamblers more of a priority than being concerned with the 20% who have a much more devastating and lethal disease? Murder comes into play when you talk about alcohol and drug abuse. I would bet (pun intended) that these anti-casino factions like to go home and have a drink after work or have a glass of wine with their dinner or a cold beer with their buddies. How would these anti-casino groups view a group of people who don’t drink and campaign to make alcohol illegal so they can try and save the 13% of the problem drinkers at the expense of the 87% of the population who drink responsibly? Surely this would be a better case than them trying to save the 1% of problem gamblers at the expense of the 99% who gamble responsibly. I imagine they would fight pretty hard against that campaign. But, by God, they are determined to save that 1% of problem gamblers. How hypocritical can you get and how obvious is it that their motives go way beyond anti-gambling.

Opponents of gaming have made outlandish allegations about social costs of $200 billion annually, the commission-funded research conducted by NORC (the National Opinion Research Center at theUniversity of Chicago) placed the annual cost to society of all forms of gaming — casinos, lotteries, pari-mutuel wagering and charitable gaming, as well as illegal gambling — at about $5 billion. $5 billion is not a small number, but when compared to the annual cost of alcohol abuse which is $166 billion, and heart disease which is $125 billion it seems rather insignificant. What’s the priority here, especially when we talk about our children? On March 6, 2007, the U.S. Surgeon General's Office appealed to Americans to do more to stop America's 11 million current underage drinkers from using alcohol, and to keep other young people from starting. THIS is the priority! I ask these groups to ask their children where they believe they should be focusing their concern. It’s all about perspective which these extreme minority groups seem to have none of.

Gaming opponents also are fond of maintaining that gaming will contribute to an increase in crime — despite the fact that the federal commission found no link between the two. The commission’s final report also cited a study that found no documentation of a causal relationship between gaming and crime. In their reports to the National Gambling Impact Study Commission (NGISC), neither the National Research Council (NRC) of the National Academy of Sciences nor the University of Chicago’s National Opinion Research Center (NORC) was able to confirm a relationship between crime and legalized gaming. The casino effect was "not statistically significant" for any of the crime outcome measures, according to the NORC report. In 2000, the Public Sector Gaming Study Commission reached similar conclusions, finding "no link between gambling, particularly casino-style gambling, and crime." In fact, the 2000 report recognized that casinos are more of a crime deterrent than an instigator. According to the report, "The security on the premises of gambling facilities, the multiple layers of regulatory control, and the economic and social benefits that gambling seems to offer to communities are effective deterrents to criminal activity." Twenty-four sheriffs and chiefs of police submitted their findings to the NGISC, stating there was no connection between gaming and crime in their jurisdictions. Other law enforcement officials from gaming jurisdictions who testified before the commission agreed with those submissions, and some pointed to a decrease in street crime in their areas.


Another fabrication that these groups perpetuate in their circle of misinformation is that the casino is actually run by organized crime. The National Gambling Impact Study Commission put to rest decades-old assumptions about organized crime and its involvement in the gaming industry. As it stated in its 1999 report: "All of the evidence presented to the commission indicates that effective state regulation, coupled with the corporate takeover of much of the industry, has eliminated organized crime from the ownership and operation of casinos."

These groups also see the Chumash as “taking over the valley.” I think the casino expands the overall economy of and benefits the existing tourist industry in our valley. An economic analysis prepared for the National Gambling Impact Study Commission by Penn State University economist Adam Rose found little evidence of economic “substitution after the introduction of new casinos”. The analysis revealed: "The preponderance of empirical studies indicate claims of the complete 'cannibalization' of pre-existing local restaurants and entertainment facilities by a mere shift in resident spending is grossly exaggerated."

Again, I want to thank those individuals that "quoted" the study which led me to thoroughly research the results. The above is not fabricated by a few people. The above is not generated by pro-gaming factions. The above was in fact gathered by opponents to all forms of gaming and what they found surprised the hell out of them. It’s not what they wanted to hear but legally they had to report their findings. What will our local extreme minority do in the future? Will they keep their hypocritical blinders on and earplugs in and continue to submit to the public their little circle of continuous misinformation and myths about gambling and the casino? Will they continue to use selective tidbits of information to disguise the truth and in some cases fabricate out right lies? Frankly I am embarrassed for them. Continuing down their current path will only expose to the rest of us what is truly motivating them and it’s not pretty.

My hope is that the Chumash, despite the ignorant actions of these small wealthy groups, will with the support of the majority of the rest of us folk in the valley that actually think rationally, will find a way to re-open dialog with the county and local city governments and get back to where we were. A lot of us, including the Chumash who have always been here, have lived and worked here peacefully for a long, long time. It has been a great place to work and raise families and it still is. Let’s not let a small group of individuals with an increasingly visible hidden agenda divide us.

Sources:
http://www.santamariatimes.com/articles/2007/05/11/opinion/051107b.txt
http://www.americangaming.org/industry/factsheets/issues_detail.cfv?id=29
http://govinfo.library.unt.edu/ngisc/index.html
http://www.hhs.gov/news/press/2007pres/20070306.html
http://www.adp.cahwnet.gov/FactSheets/FactshtAlcoholOther%20Drugs2-07.pdf
http://www.americangaming.org/Industry/factsheets/issues_detail.cfv?id=22
http://policycouncil.nationaljournal.com/EN/Forums/American+Gaming+Association/b03c2c54-665b-47ec-b568-0867070eadcc.htm

Another “Blueprint” To Follow?

Anti-casino factions have repeatedly mentioned a “blueprint” whereby tribes build and expand casinos supposedly in the face of local government and community opposition. The relationship between Palm Springs communities and the Agua Caliente Band of Cahuilla Indians seems to provide another blueprint. Palm Springs and the Agua Caliente Band of Cahuilla Indians have been working together for decades. The two parties have cooperated in negotiating agreements on voluntary payments for utilities and have continuously shared police and fire services and the tribe has developed land use agreements outlining procedures for proper development on the reservation with Riverside County and with each of the three cities that share the reservation. During the past 12 years, the tribe has contributed more than $19 million to over 200 community organizations. In March of this year Rancho Mirage and the Agua Caliente signed documents that allowed the city to annex the Tribe's reservation land at the Agua Caliente Casino and the new hotel. With annexation, guest room fees that would have gone to Riverside County can instead be collected by the City.

‘‘We’ve grown up with the city; the city has grown up with us,’’ said Richard Milanovich, Agua Caliente chairman. ‘‘We try and offset the services that are provided from a financial perspective and otherwise.’’ Milanovich said his tribe has agreed to go through the state courts or hold settlement talks with members of the public when problems arise. Palm Springs Mayor Ron Oden said the two governments have worked together closely for years for the ‘‘betterment of the community.” Oden hopes to expand the relationship between Palm Springs and the Agua Caliente and have it serve as an example for tribal and local governments that are facing conflict.

I believe The Chumash, up until very recently, have all along been willing to have open, honest, rational discussions with the County and the public over casino issues, but the confrontational stance and attitude along with the alarmist propaganda that a very vocal minority generated and the willingness of the County to be pressured by these groups to act in ways that alienated the tribe have all but shut down any meaningful dialog.

I believe The Chumash have been very responsible to the Valley in doing the right thing by not building a traditional style casino/hotel/parking complex where it could have been visible for miles around. They could have very easily built up into the skyline but they didn’t. Maybe its time for these vocal minorities and the County to start being responsible and to do the right thing.

The Chumash Casino is not going away for a long, long time, if ever, whether you like it or not and the day may come where, by law, the Chumash will have to work with the local governments and sit down with the public to hash out agreements. How would we like those meetings to go? Are we good with the current status? I think we can do better. I think we should begin to look at the Agua Caliente/Palm Springs blueprint and try to learn from it. Let’s get going down the right path now so that when the time comes we will already have in place mutual respect, trust and rational dialog. It’s the right thing to do.

Sources:
http://www.aguacaliente.org/default.aspx?tabid=55#donates
http://www.pe.com/digitalextra/metro/tribes/vt_stories/PE.DE.tribes27.ca723bba.html
http://www.gooddealforcalifornia.com/Workingtogether.html
http://govinfo.library.unt.edu/ngisc/meetings/jul2998/p220729.html
http://www.gooddealforcalifornia.com/Charitable.html

Firefighters Support Amended Compacts

The California State Firefighters' Association announced their endorsement of the amended compacts pending in the Assembly. "Supporting these compacts will bring a significant revenue stream to the state of California which is critical to the maintenance of publics services in these tight economic times," said CSFA president Kevin Nida.

Joining the CSFA in calling for compact ratification is the Safety Employees' Benefit Association, which represents more than 3,100 San Bernardino County deputy sheriffs; district attorneys, coroner and welfare fraud investigators; probation and corrections officers; HAZMAT environmental and health specialists as well as Big Bear firefighters and Apple Valley firefighters.

Full Article Here:
http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/05-15-2007/0004589413&EDATE=

NIGC Expresses Concern Over Absence Of Federal Standards

The chairman of the National Indian Gaming Commission yesterday warned that the absence of federal standards in Indian casinos could attract crime and cost tribes untold millions of dollars. Chairman Philip Hogen said in remarks yesterday prepared for the Assembly Governmental Organization Committee, “Operations without effective internal controls and oversight will, once again, become obvious targets for the unscrupulous. Those tribes . . . will lose millions of dollars and often not realize that it has happened until years later.”

Sylvia Cates, deputy legal affairs secretary for the governor, and Dean Shelton, the state commission chairman, both said California's compacts require operating rules similar and, in some cases, identical to the federal standards and that, in addition, most tribes have adopted rules at least equal to the federal rules. The state has also requested $1.7 million and 14 added positions in the new budget to expand its field presence and begin the transition from federal to state enforcement of the rules.

But Assemblyman Alberto Torrico, who chairs the Governmental Organization Committee, has questioned the state's ability to regulate the casinos and assure the state's share of revenues without the federal standards in place. “My goal is to ratify these compacts,” Torrico said at the end of the hearing. “But none of the compacts will be ratified until this issue and the others I have mentioned before are addressed fully.”

The tribes were not allowed to testify at the hearing Monday, but have previously stated that there is sufficient regulation in place for customers and the community to feel confident that the games are properly run and casinos are not corrupt. All of the tribes with amended compacts have adopted standards that determine how money is handled in casinos, how slot machines are maintained and how and when decks of cards are replaced. The tribes deny the existence of a "regulatory gap," noting that the National Indian Gaming Commission still has the ability to fine them or shut down their facilities, that the state Gambling Control Commission has some authority already and that tribes have their own gaming commissions.

The Agua Caliente tribe is running a newspaper ad in Sacramento attempting to combat "misinformation that has reached the compact debate." "No one is more interested in verifiable regulatory oversight of Indian gaming than we are. Our business depends on it," the ad states.

Full Articles Here:
http://www.pe.com/localnews/inland/stories/PE_News_Local_D_casinos15.3ee3930.html http://www.signonsandiego.com/uniontrib/20070515/news_1n15casinos.html

Agua Caliente Respond To Oversight Issue

Richard M. Milanovich who is Chairman of the Agua Caliente Band of Cahuilla Indians, in response to some who say that the compacts do not address regulation said, "It's simply not true that the state is not allowed to audit the books, nor have federal regulators lost their authority for gaming oversight. The amended compact allows for mandatory testing of gaming devices, with software tested and certified by an independent state laboratory. In addition, 20 percent of devices may be inspected and tested by the state annually, with additional allowances of spot tests for up to 5 percent of devices. The state is allowed to audit the net win. This state oversight is in addition to our tribe's promise to abide by the authority of the National Indian Gaming Commission, despite a recent court case that questions their role."

In addressing another issue concerning labor, Mr. Milanovich said, "It's wildly inaccurate to say that casino employees aren't protected by labor laws. Our Tribal Labor Relations ordinance, approved by state labor leaders, mirrors the National Labor Relations Act.

Article Here:
http://www.chicoer.com/letters/ci_5878348

Assembly Discusses Oversight Issue

Today the California State Assembly will convene a hearing to discuss Indian casino regulation. This has become a major stumbling block for the ratification of the amended compacts which have already passed the Senate. The issue revolves around the decision last fall by a Federal court that invalidated what are widely known as “minimum internal control standards.” These guidelines were developed by the National Indian Gaming Commission in consultation with tribes.

Some in the Assembly are saying that there should be some operating rules inserted into the compacts before becoming law to fill the void left by this decision. Spokeswoman for the Governor, Sabrina Lockhart, said the legal landscape was not defined until last fall and may still be changed by Congress and that the administration prefers to deal with the issue in a way that applies to all gaming tribes. “Even if this were addressed in the pending compacts, it wouldn't affect all tribes,” Lockhart said. “We want to have uniformity.”

California believed its tribal gaming agreements rested on a three-legged regulatory platform, with the responsibility shared by tribes, the state and the federal government, said Assemblyman Alberto Torrico, who is the Chairman of the Governmental Organization Committee. “We've lost one of those legs,” Torrico said. “The federal government is now out of the game of regulating slot machines of any tribe in America.”

Article Here:
http://www.signonsandiego.com/news/state/20070514-9999-1n14compact.html

Chumash Donate $1 Million To Santa Ynez Valley Cottage Hospital

The Chumash have donated $1 million to Santa Ynez Valley Cottage Hospital to help pay for expansion and upgrades. "This generous gift will help us continue to provide health care to all people in the greater Santa Ynez community," hospital vice president Wende Cappetta said in a statement.

"Those who live in the valley depend on the 24-hour services of the hospital and it's a privilege to be part of helping it improve and expand to serve all local residents and visitors," Chumash Tribal Chairman Vincent Armenta said in a statement.

Article Here:
http://www.mercurynews.com/news/ci_5862976?nclick_check=1

More On Off-reservation Gaming

In the March 30th Post, “Off reservation expansion” it was noted that James E. Cason, Associate Deputy Secretary of the Interior, indicated that new rules would apply when tribes look to expand to off-reservation sites.

Yesterday at the Southern Gaming Summit in Biloxi MS, George Skibine, the acting principal deputy assistant secretary at the Bureau of Indian Affairs, reiterated this saying, "The BIA considers local input when making land-into-trust decisions. We're looking at the local government to tell us if that is detrimental to their community.” He said it will be harder for tribes to open casinos away from reservation as long as Interior Secretary Dirk Kempthorne is around. "If you are a tribe interested in off-reservation gaming, the forecast is gloomy and bleak. There is a changing climate here at Interior." Skibine also said the department plans in the next two months to produce regulations that would clarify the process of off-reservation gaming. He said the department considers how far the off-reservation land is from the reservation and whether it would be correcting a historical wrong.

There have been only 3 Indian tribes in the last 19 years have received off-reservation gaming approval and none of those have been in California. Currently there are 34 applications before the Department of Interior.

Senator Feinstein Compromises

Sen. Dianne Feinstein, who for years has fought to shut down the San Pablo Indian casino, introduced a bill yesterday that drew support from the tribe and some of the casino's most vocal critics. The compromise bill would lock in what the Lytton Band of Pomo Indians has now which is 1,050 electronic bingo games that mimic slot machines. But if the tribe ever seeks to expand to "Class III" gambling, such as slot machines, craps or "banked" card games such as blackjack and baccarat, they would be required to go through a stringent federal process which has historically killed similar proposals. This legislation "ensures that a major Nevada-style casino will not be built in the Bay Area in the near future," Feinstein said.

Three years ago the tribe proposed transforming the facility into a 600,000-square-foot "Class III" casino with 5,000 slot machines, which would have been the state's largest. But because of opposition tribal officials decided to shelve Nevada-style gaming altogether.

To me this is just another example of how the tribes, the State and local communities are slowly finding some sort of equilibrium when it comes to Indian Gaming. A work in progress for years to come.

Articles Here:
http://www.mercurynews.com/news/ci_5858671?nclick_check=1
http://origin.insidebayarea.com/dailyreview/localnews/ci_5861787

Morongo Hardball Tactics Backfiring?

The Riverside County-based Morongo Band of Mission Indians $20 million campaign to convince the Assembly to pass a revised gambling contract may be hardening the opposition.

Steve Maviglio, a spokesman for Assembly Speaker Fabian Nuñez, said the hardball tactics aren't setting well with the caucus. "I think it's backfiring right now," Maviglio said. "They really don't like the tactics being used. The caucus is really united."

Historically, the Assembly has been friendlier to unions and labor doesn't like these new compacts because they lack a provision that would make it easier for Indian casino workers to unionize, a provision a previous round of contracts included. But the compacts can only be negotiated between a governor and a tribe, and thus the Assembly cannot change the terms of the compacts. They can only vote up or down on the deal.

Labor has traditionally donated large sums to the Democrats, but the Indians now have the wealth to perhaps influence lawmakers to see things their way. I guess it boils down to who’s for sale and who isn’t.

Whole Article Here:
http://www.recordnet.com/apps/pbcs.dll/article?AID=/20070510/A_NEWS/705100318

Real Expansion Issue - Town of 21,000 Proposed Near Orcutt

How about another town between Los Alamos and Santa Maria that would be big enough for a population twice the size of Solvang and Buellton combined? Anyone opposed to this, as I am, let me know. I mean anyone....

Preliminary agenda:
June 7 - the county Planning Commission will make a public site visit to the property.
June 13 - the commissioners will vote on whether to recommend the review of a general plan amendment.
July 10 - the county Board of Supervisors will vote on whether to give North Hills a green light for consideration.

Whole story here:
http://www.santabarbaranewsroom.com/content/view/233/37/

Info on the Development Co.
http://www.providentenergy.com/breitburn/business/land/index.html

The Governor's View

John Myers, Sacramento Bureau Chief for KQED's "The California Report,” in an interview with Governor Schwarzenegger on May 2, 2007, asked the governor in reference to the amended compacts he signed last year, ” They would really increase the number of slot machines in the State of California. How much more Indian gaming expansion do you support? You know there are a lot of tribes looking for new compacts. How much more can California take? “

The governor responded, “I think we always, you know, have to keep in mind that we should not go overboard,” and then added, “I'm looking at that and this is why when gaming tribes ask me for 5,000 more slot machines we maybe give them 2,000 more. If another tribe comes and asks for 10,000 we maybe give them 3,000 more. We don't go unlimited. We've got to make sure - I think the state can handle a certain amount and we've been very cautious in not expanding it too fast even though people say this is a big expansion. You've given them so many slot machines. It just basically means that people are going to stay in California more rather than going to Vegas. Because, you know, we have two choices. There is a certain amount of people in the State of California that just love (emphasis added) to go and gamble and they go to Vegas or they go to Reno or somewhere else. Or they go to an Indian Gaming reservation and do it there. I want to keep the people here in this State. I want to dispense the money here. I think it has a residual effect on all kinds of other things. It creates a lot of jobs when you go to these casinos. It creates a lot of really good paying jobs. And at the same time, what is important here, is I'm looking most not for the casinos, I'm looking out for our State. I want to make sure that we have this $500 million dollars that we get from the Casinos because we get a percentage of their take. That is the important thing because that is $500 million dollars that goes to education, that goes to health care, that goes to poor people, that goes to after school programs, that goes to pre-school programs, to physical education programs, to drug programs. All kinds of things like that that is very important. This is why the legislators have to understand that I signed the compacts. Every single day that they delay signing the compacts means that we will lose millions of dollars for those programs. I have to balance the budget. That is my responsibility and we have one hundred and one point three billion dollars coming in and that is all (emphasis added) the money we can spend. So, if we have an extra $500 million dollars, then we can go and help with some of these very important programs.”

Source: http://tinyurl.com/2ln9jz

Clear Rational Thinking?

Teri Harmon’s (of NOMORESLOTS) editorial in the Valley News reveals to the us what kind of extreme, muddled views these groups have. Is this the new cause now that the 5000 slots non-issue went down in a little puff of smoke? To discourage the valley from donating to any Elks Queen fund raising events and to not attend the Rotary’s 4th of July celebrations because the Chumash generously donate to these great organizations?

How many donations by the Chumash have helped you or your children in the valley or may save you or one of your kids lives one of these days? How about the $3 million to Santa Ynez Valley High School for improvements to its athletic field? Anyone who opposes gambling and agrees with Ms. Harmon should never buy another ticket to a high school football game or any other school event. Chumash money built that field and buying a ticket is supporting that same organization and that, according to Ms. Harmon, would send a “mixed signal” to your kids. Then there’s the $1.5 million to the Santa Barbara County Fire Department for a firefighter/paramedic position, the $36,000 to the Santa Barbara County Sheriff’s Department for a search and rescue vehicle and the $50,000 for new radiology equipment for Cottage Hospital in Santa Ynez. I wonder if Ms Harmon would refuse help in an emergency because the Chumash have donated to the hospital and these public service organizations?

To help you keep track of what you should not donate to Ms. Harmon, I have provided a list of over 500 organizations the Chumash have donated to which in most cases directly or indirectly benefit children.

Adventours Outdoor Excursions
Adventures in Caring Foundation
Affiliated Tribes of Northwest Indians
AIDS Housing of Santa Barbara
Alabama Coushatta Tribe
Alano Club - Alcoholics Anonymous
Alice Shaw School PTA
Alan Hancock Foundation
Altrusa International
Alzheimer’s Association
American Cancer Society
American Diabetes Association
American Dream Foundation
American Heart Association
American Indian Alliance
American Indian College Fund
American Indian Film Institute
American Indian Healing Center
American Indian Health & Services
American Junior Golf Association
American Legion - 16th District
American Lung Association
American Red Cross
American Youth
American Youth Soccer - Lompoc
Animal Rescue Volunteers
Anti-Defamation League
Arthur Hapgood Elementary School
Arts Outreach
Asian Pacific Association - 30th
Medical - VAFB
Assistance League of SLO County
AYSO Region 9
B.S.A. Los Padres Council - S.B.
Barbara Ireland Walk for the Cure
Bethania Lutheran Church
Big Bear International Film Festival
Big Brothers Big Sisters - San Luis Obispo
Bill Brundage Christmas Toy Run
Birds of Prey Preservation Program
Bishop Diego High School
Blaine Johnson Sponsor
Boy Scouts of America - Los Padres Council - SB
Boy Scouts of America - North County
Boy Scouts of America - Troop 504
Boyd Horne
Boys & Girls Club of Greater Oxnard & Port Hueneme
Boys & Girls Club of Lompoc
Boys & Girls Club of SB
Boys & Girls Club of Carpinteria
Boys & Girls Club of Santa Maria
Breast Resource Center
Buellton School District
Buellton Chamber of Commerce
Buellton Historical Society
Buellton Union School Dist
CA Indian Vaquero Youth Assoc.
CA Vocal Arts Ensemble
CAAPEC Edwin Lombard
Cabrillo High School
CAC Head Start
Cachuma Lake Nature Center
Cal Poly Animal Science
Cal Poly Rodeo Program
Cal Works/Alternative Payment Program
California Indian Basketweavers Assoc
California Indian Council Foundation
California Indian Museum & Cultural Center
California Military Museum
Cambria Rotary Club
Camino Segundo
Camp Dewey, Inc.
Camp Whittier (near Cachuma Lake)
Campfire USA
Campfire USA Central Coast Council
Cancer Hope Foundation
Cancer Society Relay
Captive Hearts
Capuchin Franciscan Foundation
Cary Calvin Oakley School
CASA of Santa Barbara County
Casa Serena
Casmalia Elementary School District
Catholic Charities
Central Coast Alzheimer’s Chapter
Central Coast Equine Experience
Central Coast Firefighters
Central Coast Literacy Council
Central Coast Ovarian Cancer Quilt Program
Central Coast Reaches Out to the Gulf Coast
Central Coast Tennis Club
Central Coast Youth Basketball
Cesar Chavez Charter school
Charter School Jog-A-Thon
Children’s Center
CHSRA District 7
Chumash Council of Bakersfield
Chumash Interpretive Center - Thousand Oaks
Chumash Thousand Oaks Pow-Wow
City of Buellton
City of Lompoc
City of Solvang
Clak Center Performing Arts Assoc.
Coastal Voices
COLAB
College School Activities
College School District PTA
Community Action Resource
Community Kitchen
Community Partners in Caring
Core Events
County of Santa Barbara
Crestview Elementary School
Cure Autism Now
Cuyama Valley Public Library
Dana Adobe Nipomo Amigos
District Libraries Foundation
Domestic Violence Solutions
Dream Foundation
Durango Songwriter Expo
El Camino Middle School
El Concilio de Lompoc
Elks Recreation
Elverhøj Museum - Solvang
Elwood School
Endowment for Youth Committee
Ensemble Theatre Company - S.B.
Ernest Righetti High School
Events and Leisure International
Fallen Heros Last Wish Foundation
Family Service Agency of Santa Barbara
Filipino Community of SLO
Fillmore Elementary School
Fillmore Field Sponsor School
Firestone Country Bike Ride
First Americans in the Arts
First Christian Church
Five Cities Girls Softball
Flamenco Arts Festival
Food Bank Coalition
Food Share of Ventura County
Foodbank of Santa Barbara County
Football Booster
Friends of the Library of the SY Valley
Friends of the Santa Maria Public Library
Friends of Waller Park - SM
Friendship House
FSA of Santa Barbara
Futbol Club of Santa Barbara
Gay & Lesbian Alliance of Centeral Coast
Gen Span Foundation
Girl Scouts of Tres Condados
Girls Inc.
Girls Scout Troop 49
Girls Scouts - Santa Barbara region
Goleta Family School
Goleta Lions Club
Goleta Noontime Rotary
Goleta Valley Comm. Hospital
Goleta Valley Cottage Hospital Foundation
Goleta Valley Senior Center
Good Samaritan Shelter
Green Cure
Guadalupe Area Senior Citizens, Inc.
Guadalupe Historical Society
Guadalupe Senior Center
Guadalupe Union School District
Habitat for Humanity
Half Measures Theatre Troup
Hancock College Boosters
Harding Elementary
Hats for Hope
Hope School
Isla Vista Youth Projects
Joe Nightingale Elementary School
Jonata School
Jonata/Oak Valley PTSA
Joseph Matteucci Foundation - SB County
Kellogg Elementary School PTA
Kids Fund for Foster Children - Santa Maria
Kiwanis Club of Santa Maria
Kiwanis Club of Ventura
Knights of Columbus
Korean War Veterans Assoc
Kristiansen Klassic Soccer Tournament
La Cañada Elementary School
La Purisima Audubon Society
La Purisima School, Lompoc
Lady Tackle Football League
Laguna Cottages for Seniors
Lakeview Junior High School
Latino Peace Officers Assoc / SB County
Leaps & Bounds
Leukemia and Lymphoma Society
Lifespan Foundation
Lompoc All Star Cheerleaders
Lompoc AYSO
Lompoc Chamber of Commerce
Lompoc Concert Association
Lompoc District Libraries Foundation
Lompoc Family YMCA
Lompoc Girls Softball Association
Lompoc High School
Lompoc Hospital District Foundation
Lompoc HS Agriculture
Lompoc Lady Stars
Lompoc Mural & Public Arts
Lompoc Parks & Rec.
Lompoc Pops
Lompoc Public Library
Lompoc Public Library Literacy Servs.
Lompoc Softball Assoc.
Lompoc Unified District - Migrant Education Program
Lompoc Valley Chamber of Commerce
Lompoc Valley Festival Assoc.
Lompoc Valley Flower Festival Assoc
Lompoc Valley Master Chorale
Lompoc Valley Middle School
Lompoc Valley Police Act. League
Lompoc Valley YMCA
Los Alamos Junior Grange
Los Alamos Old Days Celebration
Los Alamos Senior Incorporated
Los Alamos Valley Men’s Club
Los Olivos Outreach Dance Gallery
Los Olivos School PTA
Los Padres Elementary School
Los Padres Pinewood Derby
LOVARC
Love & Light Leukemia Charity
Luis Oasis Senior Center
LVMS - Music Department
Make-A-Wish Foundation
March of Dimes
Mariachi Academy
Marian Medical Center
Marion Residence Santa Maria
Mary Lee Geter Educational
Foundation Computer Academy
McKenzie Band
Mech IQ
Mexican Ladies Social Club
Midland School
Mission Classic Golf Tournament - La Purisma
Mission San Miguel
MOMS Club of South SLO County
Mozart Festival - SLO
Mt. Carmel Lutheran Church
Muscular Dystrophy Association
Museum of Mexico - SB
NAACP
National Child Safety & SMPD
National Child Safety Council
National Conference for Community & Justice
National Disaster Search Dog
Native American Health Center
Native American History Project, Inc
Native American Music Association
Native American Student Alliance
San Diego State
New Life Christian Academy
Newbury Park Feeds
Nipomo Chamber of Commerce
Nipomo Foothill 4-H
Nipomo High School Baseball
Nipomo Youth Football League
Nordhoff High School-University Club
North County Rape Crisis & Child Protection Center
Northern SB County Special Olympics
Ojai Film Festival
Old Mission Santa Ines
Old Spanish Days
Olga Reed Elementary School
Olga Reed PTF
Olive Grove Charter School
Operation Kid’s Christmas
Orcutt American Legion
Orcutt Area Seniors in Service
Orcutt Children’s Art Foundation Inc.
Orcutt Junior High School
Orcutt National Little League
Oxnard High School
Oxnard Salvation Army
Pacific Coast Christian School
Pacific Coast Memories
Pacific Pride Foundation
Pajaro Valley Ohlone Indian Council
PCPA Theaterfest
People Helping People
Picayune Rancheria of the Chukchansi Indians
Pine Grove Elementary School
Pioneer Valley High School Booster Club
Pismo Senior Volunteer Services
Players Club Softball Team
Port San Luis Marine Institute
Project Relief
Queen of Angels Church
Rancho El Chorro Outdoor School
Real Madrid Soccer Team
Red Cross - Santa Barbara Co.
Rehabilitation Institute of Santa Barbara
Righetti High School
Rhythmic Arts Project
Ribbons & Vines
Ride on Therapy Horsemanship
RideSB.com
Righetti High School Football
Rotary Club of Cambria
Rotary Club of Nipomo
Rotary Club of Oxnard Sunrise
Rotary Club of Arroyo Grande
Royal Family Kid’s Camp
S.B. City Firefighters Association
S.B. Contractors Association
S.B. Regional Health Authority
S.Y. Football Booster Club
S.Y. Girls Softball Assoc.
S.Y. Valley Historical Society
S.Y.V. Visitors Association
Sacred Ways
Saint Andrews Academy of Music
Saint Barbara Greek Orthodox Church
Saint Mary of the Assumption School
Salvation Army
San Francisco Tlingit & Haida Community Council
San Lorenzo Foundation
San Luis Mozart Festival
San Luis Obispo Sheriff’s Assoc.
San Luis Obispo Symphony
San Marcos Football
San Marcos High School
San Marcos Pass Volunteer Fire Dept
Sansum Diabetes Research Institute
Santa Barbara Boys Basketball Trust
Santa Barbara Chamber of Commerce
Santa Barbara Chamber Orchestra
Santa Barbara Children’s Chorus
Santa Barbara County Education Office
Santa Barbara County Sheriff’s Council
Santa Barbara Fair and Expo
Santa Barbara Fire Fighters Assoc
Santa Barbara Foresters
Santa Barbara Hispanic Achievement Council
Santa Barbara Hispanic Chamber of Commerce
Santa Barbara Mariachi Foundation
Santa Barbara Museum of Natural History
Santa Barbara Parks & RecreationDept
Santa Barbara Rape Crisis Center
Santa Barbara Region Chamber of Commerce
Santa Barbara Rotary
Santa Barbara Sheriffs Council
Santa Barbara Symphony League
Santa Barbara Wildlife Care Network
Santa Barbara Youth Football League
Santa Barbara Zoo
Santa Maria - Bonita School District
Santa Maria Alano Club
Santa Maria Breakfast Rotary
Santa Maria Civic Theatre
Santa Maria Elks
Santa Maria Fairpark
Santa Maria Museum of Flight
Santa Maria Philharmonic
Santa Maria Police Dept
Santa Maria Rotary Club
Santa Maria Valley Discovery Museum
Santa Maria Valley YMCA
Santa Maria Youth Football
Santa Maria-Bonita School District
Santa Monica Mountains Natural History Association
Santa Monica Philharmonic
Santa Paula Library Literacy Program
Santa Ynez Business Owners Assoc.
Santa Ynez Chumash Teen Program
Santa Ynez Football league
Santa Ynez High School PTSA
Santa Ynez School
Santa Ynez Tribal Health Clinic
Santa Ynez Valley Cottage Hospital
Santa Ynez Valley Elks Recreation
Santa Ynez Valley Historical Society
Santa Ynez Valley Rotary Club
Santa Ynez Valley Sportsmen’s Assoc
Santa Ynez Valley Union High School
Santa Ynez Youth Football League
SB Cinco De Mayo Festival
SB Contemporary Arts Forum
SB Contractors Assn.
SB County Education Office
SB County Firefighters Association
SB County’s United Way
SB Elks July 4th Fun Fair
SB High School
SB Parks and Recreation Dept.
SB Region Chamber of Commerce
SB Transition House
SB Womens Expo
SBCC Golf Tournament
SBCO Firefighters Assoc.
Scholarship Foundation of Santa Barbara
SCI
Seabee Historical Foundation
Search Dog Foundation
Sedgwick Reserve - Children’s Fieldtrips
Senior Nutrition Program
Senior Volunteer Services
Seventh Generation Fund
Sherman Indian High School
Sherman Indian High School Cheerleading Program
Sigma Chi Fraternity
SLO Civil Air Patrol
SLO County CAHP Golf Tourn.
SLO County Cru Sponsorship
SLO Deputy Sheriff Assoc.
SM Firefighter Association
SM Valley Contractor Assoc.
SM Valley Discovery Museum
SMILE
Solvang Danish Days Foundation
Solvang Friendship House
Solvang Lutheran Home
Solvang Recreational
Solvang School
Solvang School Band Booster Club
Solvang School Education
Solvang School PTO
Soule Park Men’s Club
South Coast Com. Aquatic Center
Southern Regional TAC
Special Olympics - Torch Run
Spex Forensics Edison NJ
St. Andrew Academy of Music
St. Anthony Celebration
St. Augustine Academy
St. Joseph High School
St. Mary’s Preschool
St. Raphael School
St. Vincent’s - SB
Standing Tall Tennis
Stanford American Indian
Organization Pow-Wow
Stuart C. Gildred Family YMCA
Surgical Eye Expeditions
SY High School Baseball Team
SY Highschool Grad Night
SY Valley Cow Horse Classic
SY Valley Girl Softball
SY Valley Performing Arts Co.
SY Valley Volleyball Club
SY Water Polo Booster Club
Sycuan Golf Tournament
SYV Bow Club
SYV Champion Swim Team
SYV Chorale
SYV Cottage Hospital Auxiliary
SYV Historical Society
SYV Humane Society
SYV Pony Club
SYV Senior Citizens Foundation, Buellton
SYVEA Western Show
Tarpey Olympiad Fund
Teen Challenge International
The Anti Defamation League
The Bulls Basketball Team
The Family School
The Solvang Senior Center
The Valley Players
The Valley Wind Ensemble
Thousand Oaks Rotary
Thunder Youth Hockey
Tommie Kunst Junior High School
TOWV Chamber of Commerce
Transition House
U.C. Regents - UCSB Adaptive Recreation Program
UCSB Arts and Lecture
UCSB Athletic Dept. - Women’s Basketball
UCSB Black Graduation Committee
UCSB Economic Forecast Project
UCSB Educational Opportunity Program
United Boys & Girls Club
VAFB 30th Squadron Booster Club
VAFB Chief’s Group
VAFB Co. Grade Officer Council
VAFB First Sergeant Council
VAFB Jets Gymnastics
Valley Haven
Valley of Flowers Girl Scouts - Lompoc
Valley Penning Assoc.
Valley Wind Ensemble
Vandenberg - 30th Space Wing
Vandenberg AFB Top 3 Organization
Vandenberg Middle School
Vandenberg Spouses Club
Vandenberg Village Lions Club
Vaquero Softball
Ventura County Crime Stoppers
Ventura County Peace Officer’s Assoc.
Ventura County Sheriff’s Search and Rescue
Ventura Elks Lodge
Ventura Family YMCA
Ventura High School Football
Ventura Sharks Baseball Club
Veterans of Foreign Wars of US
Village Country ClubVista Del Mar
Union School District
VTC Enterprise
Westmont College
WeTip, Inc.
Wildhorses in Need
Wildland Residence Association
Wildling Art Museum
WillBridge of Santa Barbara
Wind River Children and Families Program
Wishtoyo Foundation
Women’s Economic Adventures
YMCA Isla Vista Teen Center
YMCA Noah’s Anchorage
YMCA of Santa Barbara
Your Helping Hands

http://www.santaynezchumash.org/links/Tribal_brochure.pdf

This is only partial but be sure add all of these to your black list Ms Harmon. You are doing a lot of good here.

Ms. Harmon’s statement about the Elks queen contest starting up and the Rotary’s 4th of July festivities “that benefits families all throughout the valley” and about “schools taking money from a Class 111 gambling operation or allowing casino patrons to park in unpatrolled school parking lots overnight” and how all of that “jumps the line into casino indoctrination.” is very foggy and cryptic, as are a lot of these group’s statements. But from the “flavor” of her editorial and by the definition of indoctrination, which means teaching someone to accept doctrines uncritically, I can only infer that she means that anyone donating to these events, which at its minimum is buying tickets to attend them, will be teaching their kids to accept gambling as an OK thing to do. Is this sensible clear thinking?

If we are talking about our children’s health and well-being then shouldn’t the priority be alcohol and drug abuse as well as STD’s. These are much more threatening, devastating issues and much more relevant to our kids lives. Ask your kids what they think is more important.

I am going to go out on a limb here and say that Ms. Harmon’s camp will only need a pup tent. I look forward to seeing all of you out there supporting our Elk’s Queen candidate as well as enjoying and supporting the Rotary’s 4th of July celebrations and by doing so help these great organizations raise money for great causes. Hopefully the Rotary's fireworks show will be back at our beautiful high school.

Minutes Exposed - What Have We Learned?

An article in The Santa Ynez Valley Journal dated April 18, 2007, commented on potential casino expansion and possible misuse of off reservation properties. They also published the Tribal General Council Meeting Minutes of February 21, 2006.

At the very beginning the article states, “The Santa Ynez California Band of Chumash have made repeated claims in the media that they are not currently seeking to expand their casino gaming.” This is true and an email from Senator McClintock’s staff to me on March 20, 2007 confirmed it… “..nothing is in the works for the tribe to add 5000 more slots....or add any slots for that matter.” The article then claims that “anti expansion groups claim that the plans of expansion came to light due to comments by the tribal chairman himself in public meetings with Santa Barbara County Supervisors” This is all old news and has been gone over many, many times, and it boils down to the fact that, over and over again these groups take these few words, “Every tribe asked for 5000 or more machines as did ours” , these few words out of many, many words, then put the blinders on, put the earplugs in and cry wolf. The words spoken by Mr Armenta right before those words were, “All those tribes asked for similar things to see what the governor’s office would say.” I’m not a businessman but it would seem rather irresponsible for anyone operating a business not to always be looking ahead and planning for the future. Or is it because they are Chumash they don’t have that right? The rules for tribes to do business in California are set. They have no choice but to go through the governor. Did they expect to walk away with an agreement? No. Were they supporting other tribes who were seriously ready to negotiate? Yes. Were they going through the motions to set up possible future negotiations? Probably. Did not POLO/POSY sue the BIA even though they, according to Jon Bowen “never expected to win”? Why did they sue if they didn’t expect to win? Was it because they had to go through the motions to be allowed to get to the Federal level?Oh yeah, and there was also this in the Tribal Minutes, “There is no way we can accommodate 5,000 machines without some expansion but we may be able to within ten years”. MAYBE WITHIN TEN YEARS. Do we have “only a few weeks to speak up before 7000 slots become reality” as these groups claimed in full page ads? No.

Where would we be today if the tribal minutes had not somehow gotten in the hands of POLO/POSY. After all, those private, confidential documents (it would be VERY interesting to know how these groups obtained these documents) are why we are where we are today. It is the reason the Chumash have closed off all communication lines to the County Board of Supervisors. It is the reason for petition signatures gathered throughout the county to protest something that doesn’t exist. It is the reason for many full-page ads, articles, letters and press conferences. It is the reason this blog exists.

If these documents were never exposed to the public would we have woken up one morning later this year to discover that the Chumash had slipped in 5000 more slots behind our back. No. Would we wake up to find that the Chumash have added 3 more stories to their hotel and have added 5 more levels to their parking structures? No. Would we have slot machines in Buellton and Solvang? No. What we would have is open communication between the County Board of Supervisors and the Chumash. The County would have an invitation to sit in on negotiations between the governor’s office and the Chumash should they ever decide to seriously renegotiate their current compact. That invitation is now gone. The County is ultimately responsible for allowing to be pressured by these groups to jump through some, in my opinion, meaningless hoops and in the process alienate the tribe, but the trumped up alarmist propaganda generated by these minority groups led to this sad reality. Ironic that the very thing POLO and POSY and the others wanted was already in place, which was to have a voice in the process. Because of their antics that opportunity, for now anyway, is gone.

To me, having these minutes exposed to the public equates to corporate espionage, but these documents have been revealed and the damage has been done. The question I have is why is the Journal going through them and publishing parts of them. Its no secret that POLO/POSY and the Journal have strong ties, but what are we really learning from this? The minutes were published in full but were basically pictures of photocopies of the documents and unless you copied them and then enlarged them you couldn’t read them. I understand the space restraint the Journal has and I commend and thank them for publishing the photocopies.

The article states that the minutes “tell of plans that are being carried out today with the purchase of off reservation properties” and then they publish the average earnings of a weekend during 2005. Are these earnings an issue? It’s no secret that casinos generate millions and millions of dollars. What is the reason for publishing these numbers? Are they jealous? Do they think that it’s not fair that the Chumash are making a lot of money? Are they surprised at how much they are making? Is it any of their business to be concerned with these numbers? I don’t think it is. How many businesses open their books to the public?

The article then goes on to publish certain sections of the minutes where the tribe discusses additional hotel rooms, off-site parking as well as, off-reservation properties. Has the tribe ever said that they will never look to expand? Have they ever said that they will keep the casino and the reservation exactly the way it is now forever and that they would never purchase off-reservation properties? I don’t think so. Isn’t it their right, just as any other business in the valley has the right, to plan ahead to ensure financial security for their children and grandchildren? Anti-casino groups and their supporters are treating these minutes as a big exposé. As if the Chumash, for the last year and few months had secret plans to slip in behind our backs the acquisition of Fedricko’s and the Scandinavian Inn to use for expanding their gaming activities. It seems they believe that now that these minutes are revealed we can see the truth behind their secret plans. The Chumash announced in Nov, 2006 that they were purchasing the Royal Scandinavian Inn and a week before that they disclosed the details of the Federico’s acquisition saying it will “become the new Chumash Employee Resource Center”, where, “it will house the Chumash training university and the tribe's human resources and accounting departments” as well as “provide parking and bus pickup service for employees and casino visitors”. That is exactly what it is today. Were they hiding something from us?

My question to these groups is where were all of the letters, full-page ads and general media hype 5 months ago. Why all of a sudden do we have a crisis on our hands? There doesn’t seem to be any big secret agenda here by the Chumash. They even say in the minutes that “Some due diligence will need to be completed to be sure we are not in violation of any is restricted for the property in Buellton. There is no gaming violation involved as long as the records are not taken off site” Were they looking to slip illegal gaming activity into Buellton? No. As the article states, the California Gambling Control Commission addressed a letter to Tribal Chairman Vincent Armenta on March 21, 2007 requesting the Tribe to identify which sites and facilities on non-Indian lands, if any, are being used to train casino staff. We will see how this plays out but in any case the tribe was not trying to hide anything. Again I have to ask the question. Why are we publishing these minutes and why now? What are we really learning?

What I think we are learning is that about 15 months ago the Chumash, in a private General Council Meeting, determined that they had outgrown their space and were looking at on and off-site solutions which included, legally moving administration, human resources and accounting off the reservation. They discussed making non-gaming areas into gaming areas. This doesn’t mean adding more slots in place of office space or in Solvang or Buellton. Slots are classified as Class III. The Chumash also have Class I and Class II gaming where they can add as much of these as they want. They also determined they could use off-reservation hotel rooms and parking spaces and since then have acquired property for those purposes. All made public 5 months ago. They saw the wine industry in the valley as a major attraction calling the valley the “next Napa” and wanted to be able to accommodate these tourists as well. They discussed the possibility of adding 5000 more slots within ten years and said a study was being done. I understand that adding 5000 slots, when and if the Chumash decide to go down that road, will be a big issue. But they are very far away from that and, when and if the time comes, the "blueprint" for these renogotiated compacts will allow for the local communities and governments to have a major voice in the matter. The Chumash will have to prepare an environmental impact report to assess the potential environmental effects of new and expanded gaming facilities, and detail how environmental damages will be mitigated. The tribe will have to reach intergovernmental agreements with our county and any impacted cities to account for and mitigate the effect of gaming facilities on law enforcement, fire protection and public services. New construction must meet or exceed the building and safety codes of the county. And, again, this is all years away if it ever happens at all. These groups have tried to convince the valley that expansion of the casino is eminent and that we better speak up now. Why? Not enough controversy in the valley? Not enough drama in their lives. Andy Caldwell called them "the valley drama queens". Might be appropriate. Any way these minutes have not revealed any earth shattering news unless they think they have put a feather in their cap by exposing private minutes of their arch rival which these groups seem to see the Chumash as.

As long as we are examining these documents lets look at a little more. What the Journal did not publish along with the other excerpts in the main body of the article was this from page 5 paragraphs 3 and 8:“Mr. Brents said the reason for buying additional hotel space is the urgency of capturing the revenue and the need to take advantage of the opportunity. The Chairman added that acquiring the hotel is an additional source of revenue for the tribe. It is diversification and is an asset we could buy. Our compact is good through 2020. We don’t know what is going to happen after 2020. We have a museum going on and now the youth center that was just approved. After the compact is over, we are going to have additional expenses for all these facilities. As we go into this, we should look at what invest our money in that will give us a return in the future that is not based on gaming. David Dominguez commented that if we had a hotel such as what is being proposed, the tribe could focus on hosting Indian Health, housing, ICWA rather than just gaming.”

The gambling industry has given them the financial wealth to do a lot of things in the last decade and they have done a lot of good for not only themselves but for others. Seems it’s not all about gaming and money with them.

I don’t think people give them enough credit for this but look at what they did when they built the casino, hotel and parking structures. They did the right thing for the Valley and, I believe, for them-selves. They could have built a 5 -10 story hotel on top of the casino in the traditional casino style. They could have built the parking structures 4 or 5 times higher than they did. But because they didn’t, the casino, hotel and parking structures sit below the skyline and on Hwy 246 you do not see it until you are ¼ mile from it and then ¼ mile down the road it is out of view. Two blocks away in downtown Santa Ynez, you cannot see the casino. Driving around Santa Ynez, you cannot see it. There are no big lit up billboards or signs and the building itself is beautiful. Ironic that had they built the casino, hotel and parking structures in the “traditional” casino style, which they had every right to do, they probably would not be having these discussions about outgrowing their space today. After all the grief these groups have caused them they are probably wishing they had.

One of the things that motivated me to start this blog was to expose misinformation and to clarify foggy statements made by anyone making them. The Journal, in this article, is keeping me in business. The article stated,” Governor Arnold Schwarzenegger is considering proposals to amend the states tribal compacts, which could help increase California’s revenue, initially by approximately 500 million dollars.” You would think that by April 18 of this year the staff of the Journal would know what is happening in Sacramento and what the process is. Clearly they have not done the research or they are just spreading more rumors. The governor has been signing compacts with tribes since 2004. http://gov.ca.gov/index.php?/press-release/2987/ The governor is the champion for these compacts but all he can do is sign agreements with the tribes then it is up to the state legislature and the BIA to put them into effect. To infer that it is all up to the Governor on whether tribes get more slots or not is irresponsible reporting.

Full page ads have asked us “Do we want to be a casino town?” Guess what? We already are and have been for awhile and as long as the State of California has a lottery and allows horse racing we will have a casino in our town. We are a casino town, just as we are a wine, horse, and Danish town.

http://www.hotel-online.com/News/PR2006_4th/Nov06_Chumash.html
lhttp://www.syvjournal.com/archive/5/5/86/

Governor Warns The Assembly

The Governor yesterday warned the Assembly that not ratifying the renegotiated compacts will mean less state money for "vulnerable citizens". He said "Assembly Democrats need to choose between labor union allies who oppose the gaming deals and the millions of residents who would benefit from the money generated by the agreements."

A spokesman for Assembly Speaker Fabian Nunez, D-Los Angeles, dismissed the governor's warning. Spokesman Steve Maviglio said the administration is "in fantasyland" about how much money the compacts would generate for the state.

Schwarzenegger's January budget proposal assumed that the deals would yield $506 million in 2007-08. Last week his office revised that figure to $313.5 million (The “Revenue Estimate Lowered” post in this blog cited a Capitol Weekly article which said the number was lowered to $382 million.)

The Legislature's non-partisan fiscal analyst, though, has said the compacts would yield about $200 million at most in 2007-08.

Full Article Here:
http://www.pe.com/localnews/politics/stories/PE_News_Local_D_governor03.3ee476d.html

Casino Regulation Changes

In the March 30 post “Whats Next?” of this blog, it was mentioned that last fall a Federal Appeals court upheld a ruling that the National Indian Gaming Commission does not have the authority to regulate most tribal casinos and that critics of these compacts said that the sudden loss of federal oversight is something that should be addressed in the agreements before they are ratified. Stand up for California, in the last section of the analysis posted yesterday, uses this as an argument for opposition.

Today, State and tribal officials will meet behind closed doors to consider adopting federal rules that address internal security at Indian casinos. Tribes have the primary regulatory role, but the National Indian Gaming Commission, before the decision last fall (Colorado River Indian Tribes v. NIGC, October 20, 2006), established basic criteria for the internal security that monitors casino operations. The guidelines covered cash handling and counting, audits, surveillance and the games – from technical standards to how often decks of cards should be changed. Those standards were tossed out by rulings in federal district and appellate courts, which concluded that the national gaming commission did not have the authority to regulate casinos.

The Tribes and the governor are opposed to renegotiating the compacts to address this issue and instead are looking at an alternative proposal, to substitute state oversight for the lost Federal oversight, which will be debated today at the Fantasy Springs Resort Casino in Indio. Not all tribes are 100% behind this though. Some are worrying that State oversight may exceed the state's authority and lead to the same kind of legal challenge that thwarted federal oversight of tribal casinos.

The plan, developed by the California Gambling Control Commission in conjunction with Pechanga, would require all tribes with gambling agreements, or compacts, to comply with the federal “minimum internal control standards.”

“There is no doubt this controversial regulation will be tested,” Cheryl Schmit of Stand Up for California, a gambling watchdog group, said of the new proposal. “Legislators should not gamble with the welfare of the public. No new compacts should be ratified without beefing up the regulatory language.”

Philip Hogen, chairman of the NIGC, is urging Congress to restore the federal standards. He has argued that the commission had immediate enforcement powers while states, including California, must go through a long legal process that can take months to remedy violations. Hogen is expected to emphasize that point May 14, when he's scheduled to testify on the issue before a California Assembly committee.

Full Article here:
http://www.signonsandiego.com/uniontrib/20070502/news_1n2casinos.html

SB-957 Analysis

SB-957, which contains the 5 renegotiated compacts, has passed through the Senate and now goes to the Assembly where it will face much tougher odds. This is the same process the Chumash will face if they ever renegotiate their compact with the governor to add more slots.

The process is as follows:

First Reading/Introduction
A bill is introduced or read the first time when the bill number, the name of the author, and the descriptive title of the bill is read on the floor of the house. The bill is then sent to the Office of State Printing. No bill may be acted upon until 30 days has passed from the date of its introduction.

Committee Hearings
The bill then goes to the Rules Committee of the house of origin where it is assigned to the appropriate policy committee for its first hearing. Bills are assigned to policy committees according to subject area of the bill. For example, a Senate bill dealing with health care facilities would first be assigned to the Senate Health and Human Services Committee for policy review. Bills that require the expenditure of funds must also be heard in the fiscal committees: Senate Appropriations or Assembly Appropriations. Each house has a number of policy committees and a fiscal committee. Each committee is made up of a specified number of Senators or Assembly Members. During the committee hearing the author presents the bill to the committee and testimony can be heard in support of or opposition to the bill. The committee then votes by passing the bill, passing the bill as amended, or defeating the bill. Bills can be amended several times. Letters of support or opposition are important and should be mailed to the author and committee members before the bill is scheduled to be heard in committee. It takes a majority vote of the full committee membership for a bill to be passed by the committee.
Each house maintains a schedule of legislative committee hearings. Prior to a bill's hearing, a bill analysis is prepared that explains current law, what the bill is intended to do, and some background information. Typically the analysis also lists organizations that support or oppose the bill.

Second and Third Reading
Bills passed by committees are read a second time on the floor in the house of origin and then assigned to third reading. Bill analyses are also prepared prior to third reading. When a bill is read the third time it is explained by the author, discussed by the Members and voted on by a roll call vote. Bills that require an appropriation or that take effect immediately, generally require 27 votes in the Senate and 54 votes in the Assembly to be passed. Other bills generally require 21 votes in the Senate and 41 votes in the Assembly. If a bill is defeated, the Member may seek reconsideration and another vote

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

The Analysis for SB-957 is below. The language is non-legal which makes it great for understanding the bill and it also includes supporters and opponents opinions. Should the Chumash ever get this far the analysis of the bill that would contain their amended compact would look very much like this.


------------------------------------------------------------
SENATE RULES COMMITTEE SB 957
Office of Senate Floor Analyses
1020 N Street, Suite 524
(916) 651-1520 Fax: (916)
327-4478
------------------------------------------------------------


THIRD READING


Bill No: SB 957
Author: Torlakson (D)
Amended: 4/9/07
Vote: 21


Note:On April 10 & 11, 2007, the Senate Governmental
Organization Committee held an informational hearing
on the following Tribal-State Gaming Compacts:

SB 106 (Wiggins), Yurok Tribe of the Yurok
Reservation; SB 174 (Ducheny), Morongo Band of Mission
Indians; SB 175 (Ducheny), Sycuan Band of the Kumeyaay
Nation; SB 903 (Padilla), Pechanga Band of Luiseno
Indians; SB 941 (Padilla), San Manuel Band of Mission
Indians; SB 957 (Torlakson), Agua Caliente Band of
Cahuilla Indians


SUBJECT : Tribal-state gaming compacts

SOURCE : Agua Caliente Band of Cahuilla Indians


DIGEST : This bill ratifies an amendment to a
tribal-state gaming compact entered into between the State
of California and the Agua Caliente Band of Cahuilla
Indians, executed on August 8, 2006. The bill requires
that related revenue contributions be deposited into the
General Fund and also specifies that, in deference to
tribal sovereignty, certain actions may not be deemed
projects for purposes of the California Environmental
Quality Act.


ANALYSIS : Existing federal law, the Indian Gaming
Regulatory Act, provides for the negotiation and execution
of tribal-state gaming compacts for the purpose of
authorizing certain types of gaming on Indian lands within
a state. The California Constitution authorizes the
Governor to negotiate and conclude compacts, subject to
ratification by the Legislature. Existing law expressly
ratifies a number of tribal-state gaming compacts, and
amendments of tribal-state gaming compacts, between the
State of California and specified Indian tribes.

I. The amended five Tribal-State gaming compacts contain
provisions that are identical or similar as follows:

1. The amended compacts authorize the Tribes to establish
and operate up to two gaming facilities within the
existing boundaries of their reservations other than
Agua Caliente which may operate a third casino. It
provides that the compacts shall be in full force and
effect for state law purposes until December 31, 2030.

2. The amended compacts authorize the Tribes to operate up
to 7,500 gaming devices.

3. The amended compacts require the Tribes to make
specified annual payments to the State for the
operation of the existing gaming devices for the
duration of the compact. This annual payment is
reported to be approximately 10 percent of the Tribes'
annual net win form 2005. In addition, the Tribes are
required to pay 15 percent of the net win form the
operation of the newly authorized gaming devices above
2,000 and up to 5,000. Finally, the Tribes are
required to pay 25 percent of the net win from the
operation of gaming devices above 5,000. The
Administration estimates that the state General Fund
could receive up to $7 billion total under the terms of
these amended compacts.

4. Under the compact amendments, the Tribes are required
to maintain their existing licenses to operate gaming
devices and pay $2 million, annually, into the Revenue
Sharing Trust Fund (RSTF). Provides that the state
Tribal Gaming Agency (TGA) has the authority to
redirect a portion of the Tribes' contributions to the
state's General Fund to cover any shortfalls in the
RSTF.

5. The amended compacts provide the Tribes' core
geographic markets. If the state authorizes any person
or entity other than an eligible Indian tribe to
operate gaming devices in the Tribes' core geographic
markets, the Tribes shall have the right, until such
gaming ceases, to:

A. Terminate the compact.

B. If the Tribes operate less than 2,000 slot
machines, they shall be relieved of their
obligations to make payments to the RSTF, but
still pay for the actual and reasonable cost of
regulation.

C. If the Tribes operate more than 2,000 slot
machines, the Tribes will be relieved of their
obligations to make payments to the RSTF, but
shall pay 12.5 percent of their net win
attributed to all gaming devices above 2,000 or
the actual and reasonable cost of regulation,
whichever is greater.

6. In no event shall the Tribes be relieved of paying
their obligations pursuant to any inter-governmental
agreements to mitigate the significant effects on the
off-reservation environment.

7. Slot machines will have to be tested, approved and
certified by an independent or state governmental test
laboratory and the California Gambling Control
Commission (CGCC) to ensure that they are being
operated according to the manufacturer's technical
standards. The CGCC would be authorized to annually
conduct up to four random inspections of slot machines
in operation. During each random inspection, the CGCC
may inspect no more than five percent of the machines
in operation.



8. The amended compacts require the Tribes to adopt an
ordinance requiring any new gaming facility
construction to meet or exceed the California Building
Code and the Public Safety Code applicable to the city
or county as set forth in Titles 19 and 24 of the
California Code of Regulations, including and not
limited to, code for building, electrical, energy,
mechanical, plumbing, fire and safety. The compacts
provide procedures for site and plan inspections by
city, county and state building authorities to
determine compliance with applicable building codes.
A gaming facility shall be issued a certificate of
occupancy by the Tribes based on the final inspecting
certification by local and state building authorities.


9. The amended compacts delete the existing patron
dispute provisions. The amendments provide that the
Tribes are required to promulgate regulations
governing patron disputes over the play or operation
of any game. A patron who makes a complaint over the
play or operation of any game within three days shall
be notified in writing of his or her right to request
resolution within 15 days. The tribes shall render a
decision within 60 days of the patron's request. If
the patron is dissatisfied with the decision, or no
decision is issued within the 60 days, the patron may
request that the dispute be settled by binding
arbitration. The Tribes agree to waive sovereign
immunity for these purposes and agree to abide by the
decision of the arbitrator.

10. The compact amendments authorize the Tribes to
establish a tribal court system to handle such
disputes. The establishment of a tribal court system
triggers renegotiations between the Tribes and the
State for the revision of the "Patron Dispute"
provisions of the amended compacts. The intended
result of such renegotiations will give the tribal
courts authority to adjudicate patron disputes in lieu
of the binding arbitration process.

11. The amended compacts provide that the Tribes agree to
comply with federal laws regarding public health and
safety, state public health standards for food and
beverage handling, and federal water quality and safe
drinking water standards. Additionally, the Tribes
are required to comply with standards no less
stringent than state public health standards for food
and beverage handling and water quality. The
amendments also allow for inspections of food and
beverage services by state or county health
inspectors. The Tribes are not required to submit to
jurisdiction of the state or county health inspectors,
but any alleged violations of the standards may be
treated by the state as a violation of the compact.

12. The Tribes are required to adopt and comply with
standards no less stringent than the standards of the
Fair Labor Standards Act (FLSA), 29 U.S.C. Section
201, et seq., and the United States Department of
Labor regulations implementing the Fair Labor
Standards Act (29 CFR Section 500, et seq.) The FLSA
establishes minimum wage, overtime pay, recordkeeping,
and child labor standards affecting full-time and
part-time workers in the private sector and in
federal, state, and local governments. Covered
nonexempt workers are entitled to a minimum wage of
not less than $5.15 an hour. Overtime pay at a rate
of not less than one and one-half times their regular
rates of pay is required after 40 hours of work in a
workweek.

13. The Tribes shall obtain and maintain commercial
general liability insurance consistent with industry
standards for non-tribal casinos which provide
coverage of no less than $10,000,000 per occurrence
for bodily injury, personal injury, and property
damage arising out of, connected with, or relating to
the operation of the casino. The Tribes waive their
sovereign immunity up to the limits of the insurance
policy.

14. In addition, a tribal ordinance shall be adopted
recognizing that California tort law, including all
applicable statutes of limitations, shall govern all
claims of bodily injury, personal injury, or property
damage connected with the operation of the casino.


15. The amended compacts authorize the Tribes to
establish a tribal court system to handle such
disputes of bodily/personal injury or property damage
within the workplace. The establishment of a tribal
court system triggers renegotiations between the
Tribes and the State for the revision of the "Public
and Workplace Health, Safety, and Liability"
provisions of the amended compacts. The intended
result of such renegotiations will give the tribal
courts authority to adjudicate disputes in lieu of the
binding arbitration process.

16. The Tribes agree to create and maintain a system that
provides redress for employee work-related injuries
through requiring insurance or self-insurance, or
participate in the state statutory workers'
compensation system.

17. Before the commencement of any project, as defined,
the Tribes are required to prepare a tribal
environmental impact report that assesses the
potential environmental effects of new and expanded
gaming facilities, and detail how these effects can be
minimized. This section has been negotiated as an
alternative to directly applying the California
Environmental Quality Act to the tribal environmental
review process. The Tribes are also required to enter
into an enforceable written mitigation agreement
(Intergovernmental Agreement) with specified entities
and any impacted city in which the casino is located
or adjacent to, for the mitigation of any significant
effect on the off-reservation environment, as
specified, as well as compensation for public
services, including law enforcement, fire protection,
and emergency medical services. Any party may demand
binding arbitration with respect to disputes over
mitigation or compensation on which the parties cannot
reach agreement. The Tribes agree to waive their
right to assert sovereign immunity so that arbitration
awards are deemed part of the Intergovernmental
Agreement and to allow the federal or state courts to
enforce the party's obligation to arbitrate and any
award rendered in the arbitration.



18. The amended compacts provide that any person or
entity extending financing, directly or indirectly, to
the Tribes for a gaming operation shall be licensed by
the tribal authorities prior to extending that
financing. The Tribes shall not enter into any
contract or agreement for the provision of financing
with any person who the CGCC has determined as
unsuitable or that a determination of suitability has
expired without renewal. The compact amendments
exempt a bona-fide bank or other federally regulated
lending institution.

2007 Tribal-State Gaming Compacts Legislation

SB 106 (Wiggins), Yurok Tribe of the Yurok Reservation
SB 174 (Ducheny), Morongo Band of Mission Indians
SB 175 (Ducheny), Sycuan Band of the Kumeyaay Nation
SB 903 (Padilla), Pechanga Band of Luiseno Indians
SB 941 (Padilla), San Manuel Band of Mission Indians
SB 957 (Torlakson), Agua Caliente Band of Cahuilla Indians

Prior Legislation from the 2005-06 Legislative Session

SB 470 (Ducheny), Chapter 527, Statutes of 2006, ratified
an amended Tribal-State Gaming Compact entered into on June
26, 2006, between the Quechan Tribe of the Fort Yuma Indian
Reservation. The Senate Floor Vote was 34-1 on 8/29/06.

SB 935 (Ducheny), would have ratified the amendment of a
tribal-state gaming compact entered into on June 26, 2006,
between the State of California and the Quechan Tribe of
the Fort Yuma Indian Reservation. (Died in Assembly
Governmental Organization Committee)

SB 1362 (Chesbro), would have ratified the amendment of a
tribal-state gaming compact entered into on August 24,
2006, between the State of California and the Yurok Tribe
of the Yurok Reservation. (Died in Assembly Governmental
Organization Committee)

AB 1053 (Bogh), would have ratified an amendment to a
tribal-state gaming compact entered into between the State
of California and the Morongo Band of Mission Indians,
executed in August 2006. (Died in Senate Rules Committee)

AB 2399 (Garcia), would have ratified the first amendment
to the Tribal-State Gaming Compact concluded on August 8,
2006, between the State of California and the Agua Caliente
Band of Cahuilla Indians. (Died in Conference Committee)

AB 2549 (Plescia), would have ratified the first amendment
to the Tribal-State Gaming Compacts concluded between the
State of California and the Agua Caliente Band of Cahuilla
Indians, San Manuel Band of Mission Indians, Pechanga Band
of Luiseno Indians, the Morongo Band of Mission Indians,
the Sycuan Band of the Kumeyaay Nation, and the Yurok Tribe
of the Yurok Reservation. (Died in Senate Rules Committee)

II. Existing provisions of these five Tribal-State
Compacts not modified by the Compact Amendments.

1. The Tribal Labor Relations Ordinance (TLRO) provides
for secret ballot elections, as opposed to "card
check", and stipulates unfair labor practices for both
the Tribe and the union. The Tribes are permitted to
campaign against unionization. If collective
bargaining negotiations result in an impasse, and the
binding dispute provisions prove ineffective, the
union has a right to strike, except strike-related
picketing is not authorized on Indian lands. The TLRO
includes a binding dispute resolution mechanism that
provides three levels of resolution: the first level
is for all matters related to organizing, election
procedures, alleged unfair labor practices, discharge
of eligible employees, and collective bargaining
impasses, can be appealed to a designated tribal
entity (such as a Tribal Council or Grievance Board);
the second level utilizes the state Tribal Labor Panel
that is administered by the Department of Personnel
Administration (the panel is operated through the
American Arbitrators Association, which then bills the
department for its services); and the third level
authorizes either party to seek a motion to compel
arbitration or to confirm an arbitration award, which
may be appealed to a federal or state court.

2. Although the 1999 compacts restrict persons under 18
years of age from being present in any area in which
Class III gaming is conducted, current policy is to
prohibit any person under 21 years of age from being
present in any area of the casino where Class III
gaming occurs. Additionally, persons under the age of
21 years are prohibited from purchasing, consuming, or
possessing alcoholic beverages on the Tribes'
premises.

3. The Tribes are responsible for conducting on-site
gaming regulation to enforce the compact and Indian
Gaming Regulatory Act regulation. This includes the
physical safety of patrons and employees, assets
transported, and the prevention of illegal activity in
the facility. The compacts specify procedures for
surveillance of premises and recording of incidents.

4. With certain exceptions, every gaming employee shall
obtain and maintain a valid tribal gaming license and
maintain a determination of suitability by the CGCC,
subject to biennial renewal. The compacts require
employees and gaming resource suppliers (that receives
$25,000 or more in any 12 month consecutive period
within the 24 month period immediately preceding
application) to be licensed by TGA. Such licensure
shall be dependent upon a finding of suitability by
the CGCC.

FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No

SUPPORT : (Verified 4/18/07)

Agua Caliente Band of Cahuilla Indians (source)
Morongo Band of Mission Indians
Pechanga Band of Luiseno Indians
San Manuel Band of Mission Indians
Sycuan Band of the Kumeyaay Nation
Yurok Tribe of the Yurok Reservation

OPPOSITION : (Verified 4/18/07)

California Labor Federation
California Teamster's Public Affairs Council
California Unite Here
Dehesa Valley Community Council Inc.
Group of Jamul Citizens
Stand Up for California
Service Employees International Union
Worksafe

ARGUMENTS IN SUPPORT : According to the Morongo Band of
Mission Indians, "The Morongo compact amendment alone could
provide the state with over $3 billion dollars during the
next 23 years. This is a generous sharing of up to 25
percent of our tribe's gross gaming machine revenues before
deducting any expenses.

"This compact amendment, through the original 1999 compact,
preserves our employees' right to self-organization and
representation by a union of their choice. The Tribal
Labor Relations Ordinance (TLRO) which Morongo and the
State of California agreed to in 1999, is a landmark law
between our governments and gives unions and casino workers
enforceable organizational and representational rights
through its provisions for fair, prompt, secret ballot
elections. Most importantly, the TLRO provides for a
prompt resolution of any disputes or unfair labor
practices.

"The Morongo tribe has stood by this law since 1999 and
will continue to do so through the end of the compact."

ARGUMENTS IN OPPOSITION : According to the California
Teamsters Public Council, "In contrast to most previous
compacts submitted by the Governor in 2004, these compacts
take away the right of tribal casino workers (most of whom
are not tribal members) to freely choose whether they want
to obtain union representation through card check
recognition. Effectively, these compacts establish an
unfair playing field where workers will find it essentially
impossible to achieve decent wages, benefits and working
conditions. Using the card check recognition procedure
authorized under the 2004 compacts, almost 5000 California
tribal gaming employees have chosen unionization and have
negotiated mutually agreeable collective bargaining
agreements with their tribal employers. In so doing that
have improved their lives and their communities, and have
relieved California taxpayers of the burden to their health
care costs and other social services for the working poor.
Conversely, other tribal gaming workers, who are subject to
compacts which do not contain card check recognition
protections, are subjected to untenable working conditions
with low wages and no benefits. Enactment of these
compacts will create the largest expansion of gaming in
American history. Billions of dollars will be made under
the provisions of these compacts, yet the workers who are
the engine behind this lucrative industry will not be
afforded the workplace protections that so many other
Californians' enjoy."


According to Stand up for California, "These agreements,
much like the former agreements, presume primary regulatory
and oversight will be performed by the National Indian
Gaming Commission (NIGC). However, the United States Court
of Appeals for the District of Columbia Circuit affirmed
the Washington D.C. Federal District Court's August 2005
ruling in Colorado River Indian Tribes v. NIGC , (D.D.C
Aug.2005). The Court held that the NIGC does not have
authority to promulgate or enforce regulatory oversight.
Therefore, all regulatory oversight of gaming is left to
each state to include in their tribal state compacts."


TSM:nl 4/18/07 Senate Floor Analyses

SUPPORT/OPPOSITION: SEE ABOVE

**** END ****

How important is the passage of this bill to other tribes in California, including the Chumash, who may seek to expand in the future? My opinion is that it is huge. If this bill gets ratified I believe it will set a major precedent for opening the door for other tribes to expand. If opponents of Indian gaming in California could stop this bill in its tracks, that would be a HUGE victory for them and make it very, very difficult for future tribes to expand. Why haven’t POLO/POSY, who have said all along that their cause is not only for the valley but for the state as well as the nation, concentrated their efforts and dollars in Sacramento? Why aren’t their acronyms among the opposition groups listed in the above analysis? Why are they going to the County to ask them to do things they have no power to do, like pass a resolution to stop state-wide casino expansions? Not working very smart in my opinion if they truly want to stop indian gaming expansion. It again makes you wonder what their true cause may be.

Sources:
http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0951-1000/sb_957_cfa_20070418_163103_sen_floor.html
http://www.leginfo.ca.gov/bil2lawx.html