HomeMy WebLinkAbout1/21/2004 - STAFF REPORTS (17) S)10100 t RFo00S
January 20, 2004
By Personal Delivery The Honorable Bill LockyerV E� V/�'w
Attorney General of the State of California
1300 I Street JAN 2 0 2004^�v)
Sacramento, CA 95814
INITIATIVE COORDINATOR
Attn.: Tricia Knight,Initiative Coordinator ATTORNEY GENERAL'S OFFICE
Re: Request for Preparation of Title and Summary
Initiative Constitutional Amendment and Statute
Dear Ms. Knight:
I am the proponent of the enclosed initiative measure, which is entitled "The Indian
Gaming Fair-Share Revenue Act of 2004" Pursuant to article II, section 10(d), of the California
Constitution and section 9002 of the California Elections Code, I hereby request the preparation
of a title and summary of the chief purposes and points of the proposed measure. Enclosed is a
check for$200 made payable to the State of California.
I am a registered voter of California. My residence address is set forth in an attachment
hereto, which I request be kept confidential following verification of my status as a registered
voter. I have also signed and attached the statement required pursuant to Elections Code section
9608.
You are hereby authorized to direct all further inquiries and correspondence regarding
this proposed measure to the following persons:
Gene Raper
74924 Country Club Drive, #150-88
Palm Desert, CA 92260
(760) 778-7413
Fredric D. Woocher, Esq.
Strumwasser&Woocher LLP
100 Wilshire Blvd., Ste. 1900
Santa Monica, CA 90401
(310) 576-1233
Sincerely,
Richard Milanovich
f11
SAa004,?F0006
I, Richard Milanovich, acknowledge that it is a misdemeanor under state law (Section
18650 of the Elections Code) to knowingly or willfully allow the signatures on an initiative
petition to be used for any purpose other than qualification of the proposed measure for the
ballot. I certify that I will not knowingly or willfully allow the signatures for this initiative to be
used for any purpose other than qualification of the measure for the ballot.
Richard Milanovich
Dated this_L5_th day of January, 2004
R*yo V�
JAN 2 0 2004
INITIATIVE COORDINATOR
ATTORNEY GENERAL'S OFFICE
S'f}oZOO�C/(FOooS
THE INDIAN GAMING FAIR-SHARE REVENUE ACT OF 2004
SECTION 1. Title
This Act shall be known as the "Indian Gaming Fair-Share Revenue Act of 2004."
SECTION 2. Findings and Purpose
The People of the State of California hereby find and declare as follows:
(a) The purpose of the People of the State of California in enacting this measure is to
provide a means for California Indian tribes to contribute their fair share of gaming revenues to
the State of California. Both the People of California and California Indian tribal governments
desire for tribes to assist in restoring financial integrity to the State by contributing an amount
that is equivalent to what any private California corporation pays to the State on the net income it
eams from its lawful business activities.
(b) In March 2000, the People of the State of California adopted Proposition IA,
which authorized the Governor to negotiate tribal-state gaming compacts with federally
recognized Indian tribes for the operation of slot machines and certain casino games on tribal
lands in California in accordance with federal law. Proposition IA was enacted by the People in
recognition of the fact that, historically, Indian tribes within the State have long suffered from
high rates of unemployment and inadequate educational, housing, elderly care, and health care
opportunities, while typically being located on lands that are not conducive to economic
development in order to meet those needs.
(c) Since the adoption of Proposition IA, over fifty Indian tribes have entered into
tribal gaming compacts with the State of California. These compacts and the gaming facilities
they authorize have assisted Indian tribes throughout the State to move towards economic self-
sufficiency by providing a much-needed revenue source for various tribal purposes, including
tribal government services and programs such as those that address reservation housing, elderly
care, education, health care, roads, sewers, water systems, and other tribal needs. Tribal gaming
has also spurred new development, has created thousands of jobs for Indians and non-Indians
alike, and has had a substantial positive economic impact on the local communities in which
these facilities are located.
(d) Under the existing tribal gaming compacts, Indian tribes also pay millions of
dollars each year into two State special funds that are used to provide grants to local
governments, to finance programs addressing gambling addiction, to reimburse the State for the
costs of regulating tribal gaming, and to share gaming revenues with other Indian tribes in the
State that do not operate gaming facilities. However, because Indian tribes are sovereign
governments and are exempt from most forms of taxation, they do not pay any corporate income
taxes directly to the State on the profits derived from their gaming operations.
(e) Given California's current fiscal crisis, the State needs to find new ways to
I
generate revenues for the General Fund in the State Treasury. Indian tribes want to and should
do their part to assist California in meeting its budget needs by contributing to the State a fair
share of the net income they receive from gaming activities in recognition of their continuing
right to operate tribal gaming facilities in an economic environment free of competition from
casino-style gaming on non-Indian lands. A fair share for the Indian tribes to contribute to the
State is an amount that is equivalent to the amount of corporate taxes that a private California
corporation pays to the State on the net income it earns from its lawful business activities.
(f) Accordingly, in order to provide additional revenues to the State of California in
this time of fiscal crisis, this measure authorizes and requires the Governor to enter into new or
amended tribal gaming compacts under which the Indian tribes agree to contribute to the State a
fair share of the net income derived from their gaming activities in exchange for the continued
exclusive right to operate casino-style gaming facilities in California. In addition, in order to
maximize revenues for the State and to permit the free market to determine the number and type
of casino games and devices that will exist on tribal lands, this measure requires these new or
amended compacts to allow each tribal government to choose the number and size of the gaming
facilities it operates, and the types of games offered, that it believes will maximize the tribe's
income, as long as the facilities are restricted to and are located in those areas that have been
designated by both the State of California and the United States government as tribal lands.
Under the new or amended compacts authorized by this measure, Indian tribes must also prepare
environmental impact reports analyzing the off-reservation impacts of any proposed new or
expanded gaming facilities, and they must consult with the public and local government officials
to develop a good-faith plan to mitigate any significant adverse environmental impacts.
SECTION 3. Section 19 of Article IV of the California Constitution is amended to
read:
Sec. 19
(a) The Legislature has no power to authorize lotteries and shall prohibit the
sale of lottery tickets in the State.
(b) The Legislature may provide for the regulation of horse races and horse
race meetings and wagering on the results.
(c) Notwithstanding subdivision (a), the Legislature by statute may authorize
cities and counties to provide for bingo games, but only for charitable purposes.
(d) Notwithstanding subdivision (a), there is authorized the establishment of a
California State Lottery.
(e) The Legislature has no power to authorize, and shall prohibit casinos of
the type currently operating in Nevada and New Jersey.
(f) Notwithstanding subdivisions (a) and (e), and any other provision of state
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law, the Governor is authorized to negotiate and conclude compacts, subject to
ratification by the Legislature, for the operation of slot machines and for the conduct of
lettefy games and banAEing and pereentage _, any and all forms of Class 11I
¢aming by federally recognized Indian tribes on Indian lands in California in accordance
with federal law. Accordingly, slot machines, lottery games, r &UStt crans.and banking
and percentage card games, and any and all other forms of casino_earnine are hereby
specifically permitted to be conducted and operated on tribal lands subject to those
compacts.
(€g) Notwithstanding subdivision (a), the Legislature may authorize private,
nonprofit, eligible organizations, as defined by the Legislature, to conduct raffles as a
funding mechanism to provide support for their own or another private, nonprofit,
eligible organization's beneficial and charitable works, provided that (1) at least 90
percent of the gross receipts from the raffle go directly to beneficial or charitable
purposes in California, and (2) any person who receives compensation in connection with
the operation of a raffle is an employee of the private nonprofit organization that is
conducting the raffle. The Legislature, two-thirds of the membership of each house
concurring, may amend the percentage of gross receipts required by this subdivision to be
dedicated to beneficial or charitable purposes by means of a statute that is signed by the
Governor.
h) Notwithstanding subdivision (e) and (fl. and any other provision of mate law.
within thim, days of being requested to do so by my federally recognized Indian tribe
the Governor is authorized, directed, and required to amend any existing compact with
any Indian tribe, and to offer a new compact to any fede Ilv recognized Indian tribe
without an existing compact, in a_ccordan_ ce with the provisions of this subdivision Al
n "existing compact" means a gaming compact entered into between the State and an
Indian tribe that was ratified prior to the effective date of the Indian G_ amine Fair-Share
Revenue Act of 2004 Any existing compact that is amended pursuant to this subdivision
1 shall not require legislative ratification. but any new compact entered into pussuans to
this subdivision (h) shall be submitted to the Legislature within fifteen days after the
conclusion of negotiations and shall be deemed ratified if it is not rejected by each house
of the Legislature two-thirds of the members thereof concurring in the reiection within
thirty days of the submission of the compact to the Legislature by the Governor, except
that if this thiMday period ends during a ioint recess of the Legislature, the period shall
be extended until the tenth day following the day on which the Legislature reconvene
All compacts amended pursuant to this subdivision (h) and all new compacts entered into
pursuant to this subdivision (h), shall include the following terms, conditions, an
requirements-
(1) Any federally recognized Indi n tribe requesting to enter
into a new or amended compact pursuant to this ubdiyision (h) shall agree
under the terms of the compact to contribute to the State. on a ov r i in-
to-sovereign basis, a percentage of its net income from gaming-activities
that is equivalent to the atlt4smt of revenue the Stat would receive on the
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(4) Anv federally recognized Indian tribe requesting to enter
into a new or amended compact pursuant to this subdivision (hl shall be
entitled under the terms of the compact to operate as many slot machines
and to conduct as many games as each tribal government deems
appropriate There shall likewise be no limit under the terms of the
compact on the nLmber or the size of gamine facilities that each tribe may
establish and operate, provided that each and every such gaming facility
must be owned by the tribe and operated only on Indian lands on which
such gaming may lawfully be conducted under federal law.
(5) The initial term of any new or amended compact entered
into pursuant to this subdivision (hl shall be ninety-nine years, and the
compact shall be subject to renewal upon mutual consent of the parties.
The terns and conditions of any new or amended compact entered into
pursuant to this subdivision (hl may be amended at any time by the mutual
and written agreement of both ap rtjes.
(6) Any Indian tribe with an existing compact that wishes to
enter into an amended compact pursuant to this subdivision (h) shall not
be re uired as a condition thereof to make any other amendments to its
xisting compact or to agree to any other terms, conditions, or restrictions
beyond those contained in this subdivision (h) and in its existing compact.
except as the provisions of its existing compact may he modified in
accordance with subdivisions (1) - (51 above.
SECTION 4. Section 12012.80 is added to the California Government Code to read:
12012.80 Indian Gaming Fair-Share Revenue Fund
(a) There is hereby created in the State Treasury a fund called the "Indian Gaming
Fair-Share Revenue Fund" for the receipt and deposit of moneys received by the State from
Indian tribes under the terms of tribal-state gaming compacts entered into or amended pursuant
to article IV, section 19, subdivision (h), of the California Constitution.
(b) Moneys in the Indian Gaming Fair-Share Revenue Fund shall be available for
appropriation by the Legislature for any purpose specified by law.
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SECTION 5. Inconsistency With Other Ballot Measures
The provisions of this Act shall be deemed to conflict with and to be inconsistent with
any other initiative measure that appears on the same ballot that amends the California
Constitution relating to gaming by federally recognized Indian tribes in California. In the event
that this Act and another measure that amends the California Constitution relating to gaming by
Indian tribes are adopted at the same election, the measure receiving the greater number of
affirmative votes shall prevail in its entirety, and no provision of the measure receiving the fewer
number of affirmative votes shall be given any force or effect.
SECTION 6. Severability
If any provision of this Act or the application thereof to any person or circumstances is
held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other
provisions or applications of this Act that can be given effect without the invalid or
unconstitutional provision or application, and to this end the provisions of this Act are severable.
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January 21, 2004
Good evening, and congratulations on a fabulous Grand Opening for the new
Palm Springs Skate Park. My name is Susan Wasserman, and my children and all of
their friends were there to enjoy it. However, I come before you again regarding the
skate park fee schedule. I understand the issue is on an agenda to be reconsidered, and I
thank Mayor Oden for inviting me to e-mail him concerning that. I did e-mail you today,
but wanted to present the points from that e-mail in case discussions about fee revision
are already underway.
As I stated during Public Comments at the Dec. 3 and Jan. 7 City Council
meetings, as Cathedral City residents, it would cost us $2,600/year for our 2 sons to skate
at the new PS skate park 5 days/week for a year. Although we've been Cathedral City
residents for 20 years, our children have always attended PS schools, including Cielo
Vista and Katherine Finchy Elementary, Raymond Cree Middle, and now our 9`s grader
is just yards from the new skate park at Palm Springs High School. Most of his friends
are PS residents who can skate there every day after school.
I did a quick Internet and phone survey of Southern California skate parks. In
cities big and small, 54 out of 67 public skate parks with square footages from 2,000-
40,000 sq. ft. were free, with the remaining ones offering varying nominal fees,
regardless of city of residence. ONLY PALM SPRINGS EXCLUDES NON-
RESIDENTS FROM MEMBERSHIP! Of particular interest is that 3 other top-rated,
comparable skate parks (Lake Forest-Etnies @40,000 sq. ft., Chino @ 27,624 sq. ft., and
Fontana @ 27,000 sq. ft.) are FREE.
I would like to see the fee schedule returned to the original idea, prior to whatever
input was received in November of 2003 that led to this elitist fee schedule. That idea
was a flat$10 annual membership fee without regard to residence. So far, we have
contributed a$100 donation in Jan. 2003 to help build the park, and our daily use fees
total $70 as of 1/14/04.
The original resolution#20789 allowed the same annual use fee for residents and
non-residents. If the council must view their neighbors as "outsiders",please don't make
us "foot the bill" of this skate park with fees 260 times, or even 10 times,that of Palm
Springs residents. I would suggest the same annual fee, or 2-3 times that if you feel we
must bear that burden.
Thank you again, Mr. Oden, and council members, for this opportunity to share
my concerns regarding the skate park fee schedule.
Sincerely,
Susan Wasserman
Q ACc C C(Jm0e4l 6
67380 Garbino Rd.
Cathedral City, CA 92234 I —d �• (���l /,