HomeMy WebLinkAboutFebruary 5, 2008 - Primary Election - Voter Guide CALIFORNIA PRESIDENTIAL
TUESDAY . FE, BR-UAR,Y 5 , 2008
OFFICIAL VOTERINFORMATION 1
I,Debra Bowen,Secretary of State of the State of California,do hereby certify that,the measures included herein
will be submitted to the electors of the State of California at the Presidential Primary Election to be held throughout
the State on February 5,2008,and that this supplemental guide has been correctly prepared in accordance with the law.
Witness my hand and the Great Seal of the State in Sacramento,California,this 13th day of December,2007.
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Dear.Fellow Voter,
Recently you received the Official Voter Information Guide for the February 5, 2008,
Presidential Primary Election. Since that was printed and mailed, four more.propositions
qualified for the ballot, so my office has created this Supplemental Official Voter
Information Guide to help you make informed decisions about these additional measures.
This Supplemental Official Voter Information Guide contains titles and summaries
prepared by Attorney General Edmund G. Brown Jr., impartial analyses of the law and
potential costs to taxpayers prepared by Legislative Analyst Elizabeth G. Hill, arguments
in favor of and against all ballot measures prepared by proponents and opponents, text of
the proposed laws proofed by Legislative Counsel Diane F. Boyer-Vine, and other useful
information. The printing of the guide was done under the supervision of State Printer
Geoff Brandt.
On February 5, 2008, we will have the opportunity to help choose the next President of
the United States, as well as decide on measures regarding education, transportation, Indian
gaming, and more. Presidential primary elections happen just once every four years, but
this one is particularly exciting because it is America's first presidential election since 1952
in which no incumbent president or vice president is running. Your vote can make a real
difference in the future of our nation.
Voting is easy, and any registered voter can vote by mail or at a polling place. The last day to
request a vote-by-mail ballot is January 29.
There are more ways to participate in the electoral process. You can be a poll worker on
Election Day, helping to make voting easier for all eligible voters and protecting ballots
until they are counted by elections officials. You can spread the word about voter
registration deadlines and voting rights through emails, phone calls, brochures, and posters.
You can help educate other voters about the candidates and issues by organizing discussion
groups or participating in debates with friends, family, and community leaders.
For more information about how and where to vote, as well as other ways you can
participate in the electoral process, call 1-800-345-VOTE or visit www.sos.ca.gov.
It is a wonderful privilege in a democracy to have a choice and the right to voice your
opinion. Whether you cast your ballot by mail-or at a polling place, I encourage you to take
the time to carefully read about each of the seven measures in the two information guides.
Thank you for taking your civic responsibility.seriously and making your voice heard!
TABLE OF CONTENTS
PAGE
QUICK-REFERENCE GUIDE 7
PROPOSITIONS
94 Referendum on Amendment to Indian Gaming Compact. ...................................12
95 Referendum on Amendment to Indian Gaming Compact. ............ ..........20
96 Referendum on Amendment to Indian Gaming Compact. ...................................28
97 Referendum on Amendment to Indian Gaming Compact. ............ .......36
TEXT OF PROPOSED LAWS 44
VOTER BILL OF RIGHTS ' 10
INFORMATION PAGES
WebsiteInformation.................................................................................................4
Poll Worker Information .......................................................:.................................4
Candidate Statement Information:..........................................................................5
Decline-to-State Voters............................................................................................5
Large-Print and Audio-Cassette Voter Information Guides.,.....................................5
VotingBy Mail........................................................................................................6
Initiative and Referendum Definitions...................................................................11
County Elections Offices.......................................................................................46
Table of Contents 1 3
VISIT THE SECRETARY OF STATE'S WEBSITE TO:
• View information on statewide measures and candidates www.voterguide.sos.ca.gov
• Research campaign contributions and lobbying activity http://cal-access.sos.ca.govlcampaign
• Find your polling place www.sos.ca.govlelectionslelections-ppl.htm
• Obtain vote-by-mail ballot information www.sos.ca.govlelectionslelections_m.htm
• Watch live election results on Election Day www.sos.ca.gov
WANT TO EARN MONEY AND MAKE A DIFFERENCE?
SERVE AS A POLL WORKER ON ELECTION DAY!
In addition to gaining first-hand experience with the tools of our democracy, poll workers can
earn extra money for their valuable service on Election Day.
You can serve as a poll worker if you are:
• A registered voter, or
• A high school student who is:
• a United States citizen;
• at least 16 years.old at the time you will be serving;
• a senior with a grade point average of at least 2.5; and
• a student in good standing at a public or private school.
Contact your county elections office, or call 1-800-345-VOTE (8683), for more information on
becoming a poll worker.
If you are a state government employee, you can take time off work, without losing pay, to serve '
as a poll worker if you provide adequate notice to your department and your supervisor approves
the request.
4 I
CANDIDATE STATEMENT INFORMATION
UNITED STATES PRESIDENTIAL CANDIDATES
For information about the candidates running for the office of United States President, please visit the
Secretary of State's website or call our toll-free Voter Hotline for information to be mailed to you.
www.voterguide.sos.ca.gov
1-800-345-VOTE(8683)
DECLINE-TO-STATE VOTERS
(looters not affiliated with a political party)
FOR WHOM CAN I VOTE?
If you are registered to vote with a political party, you may only vote at this presidential primary
election for the candidates running for office from the party with which you are registered and for and
against measures. However, if you did not select a political party when you registered to vote, some of
the political parties will allow you to vote for their candidates anyway. If you are not registered with a
political party, upon request you can vote a ballot of any political party that has notified the Secretary of
State that it will permit decline-to-state registered voters to help nominate their candidates.
The following political parties are allowing voters who are not registered with a political party to request
and vote their parry's ballot at the February 5, 2008, Presidential Primary Election:
• American Independent Party
• Democratic Parry
You may NOT request more than one part's ballot. If you do not request a specific ballot, you will
be given a nonpartisan ballot containing only the names of candidates for nonpartisan offices and the
measures to be voted upon at the February 5, 2008, Presidential Primary Election.
LARGE-PRINT AND AUDIO-CASSETTE VOTER INFORMATION GUIDES
The Secretary of State now provides the Official Voter Information Guide in
a large-print format and an audio-cassette version for the visually impaired in
English, Spanish, Chinese, Vietnamese, Tagalog, Japanese, and Korean.
To order the large-print or audio-cassette version of the Official Voter
Information Guide, please visit our website at:
www..sos.ca.govlelectionslelections_viv, altformats.htm or call our toll-free
Voter Hotline at 1-800-345-VOTE (8683).
5
VOTING BY MAIL IN CALIFORNIA
Any registered voter can vote bymail in California. To vote by mail, you must apply to your county
elections office for a vote-by-mail ballot at least seven days before Election Day to be eligible to vote-by
mail in that election. You can use the form on the Sample Ballot booklet you receive in the mail a few
weeks before Election Day to apply for a vote-by-mail ballot, or send your request in writing to your
county elections office. Your request must include your printed name and the address where you live, the
address where you want to receive your vote-by-mail ballot, your signature, and the name and date of the
election in which you want to vote by mail.
Once your application is processed by your county elections official, the proper ballot type will be sent to
you. After you mark your choices on your vote-by-mail ballot, put it in the official envelope provided by
your county elections office and seal it. Place the proper postage on the envelope and sign the outside of
the envelope where directed. You may return your voted vote-by-mail ballot by:
1. Mailing it to your county elections office;
2. Returning it in person to any polling place or elections office within your county on Election Day;
or
3. Authorizing a legally allowable third party (spouse, child, parent, grandparent, grandchild,
brother, sister, or a person residing in the same household as you) to return the ballot on your
behalf to any polling place or elections office within your county on Election Day.
In any case, your vote-by-mail ballot must be received by the time polls close at 8:00 p.m. on Election
Day. Late-arriving vote-by-mail ballots cannot be counted.
Once your voted vote-by-mail ballot is received by your county elections office, your signature on the
vote-by-mail ballot return envelope will.be compared to the signature on your voter registration card to .
determine that you are the authorized voter. To preserve the secrecy of your ballot, the ballot will then be
separated from the envelope and the ballot becomes as anonymous and secret as any other ballot.
APPLY TO BE A PERMANENT VOTE-BY-MAIL VOTER
You can even become a permanent vote-by-mail voter and automatically receive your ballot in the mail for
every election. Your permanent vote-by-mail status will only end if you do not vote in two consecutive
statewide general elections.
Any voter may apply for permanent vote-by-mail voter status (Elections Code § 3201). Vote-by-mail
voters are automatically sent a vote-by-mail ballot for every election without having to fill out an
application every time. Please contact your county elections office to apply to become a permanent
vote-by-mail voter if you wish to receive vote-by-mail ballots for all future elections. To find contact
information for your county elections office, go to page 46 of this guide or visit
www.sos.ca.govlelectionslelections_d.htm.
6
CALIFORNIA PRESIDENTIAL
I
PULL OUT GUIDE
TUESDAY,` FEBRUARY .5v 2008 -
QUICK-REFERENCE GUIDE
PULL OUT THIS QUICK-REFERENCE GUIDE AND TAKE IT WITH YOU TO THE POLLS!
This guide contains summary and contact information for four
additional state propositions appearing on the February 5,2008,ballot. j
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* This guide cot►ta measutes
F N ditional ballot.
regarding four a fot the fep WI
that have qualified
Visit our website at www.sos.ca.gov
QUICK-REFERENCE GUIDE QUICK-REFERENCE GUIDE
PROP Referendum on Amendment PROP Referendum on Amendment PROP Referendum on Amendment PROP Referendum on Amendment
9/� to Indian Gaming Compact. �� to Indian Gaming Compact. ( to Indian Gaming Compact. Q� to Indian Gaming Compact.
SUMMARY Put on the Ballot by Petition Signatures SUMMARY Put on the Ballot by Petition Signatures SUMMARY Put on the Ballot by Petition Signatures SUMMARY Put on the Ballot by Petition Signatures
"Yes"Vote approves,and"No"Vote rejects,a law that ratifies "Yes"Vote approves,.and"No"Vote rejects,a law that ratifies "Yes"Vote approves,and"No"Vote rejects,a law that ratifies "Yes"Vote approves,and"No"Vote rejects,a law that ratifies 1
an amendment to existing gaming compact between the state an amendment to existing gaming compact between the state an amendment to existing gaming compact between the state an amendment to existing gaming compact between the state
and Pechanga Band of Luisefio Mission Indians.Fiscal Impact: and Morongo Band of Mission Indians. Fiscal Impact: and Sycuan Band of the Kumeyaay Nation. Fiscal Impact: and Agua Caliente Band of Cahuilla Indians. Fiscal Impact:
Net increase in annual state revenues probably in the tens of Net increase in annual state revenues probably in the tens of Net increase in annual state revenues probably in the tens of Net increase in annual state revenues probably in the tens of
millions of dollars,growing over time through 2030. millions of dollars,growing over time through 2030. millions of dollars,growing over time through 2030. millions of dollars,growing over time through 2030:
WHAT YOUR VOTE MEANS WHAT YOUR VOTE MEANS WHAT YOUR VOTE MEANS WHAT YOUR VOTE MEANS
VPZ I W A YES vote on this NO A NO vote on this I W A YES vote on this NO A NO vote on this � A YES vote on this NO A NO vote on this A YES vote on this NO A NO vote on this
measure means:The measure means:The measure means:The measure means:The
measure means:The measure means:The measure means:The measure means:The
Pechanga Band of Luisefio Pechanga tribe would be able Morongo Band of Mission .Morongo tribe would be able Sycuan Band of the Kumeyaay Sycuan tribe would be able Agua Caliente Band of Agua Caliente tribe would be
Indians-a tribe that owns a to continue operating its Indians-a tribe that owns a to continue operating its Nation-a tribe that owns a to continue operating its Cahuilla Indians-a tribe that able to continue operating its
casino in Riverside County existing casino,but would casino in Riverside County existing casino,but would casino in San Diego County existing casino,but would owns two casinos in Riverside existing casinos,but would
with about 2,000 slot I not be able to significantly with about 2,000 slot not be able to significantly with about 2,000 slot not be able to significantly County with about 2,000 slot not be able to significantly
machines-could operate up expand its casino operations. machines-could operate up expand its casino operations. machines-could operate up expand its casino operations. machines-could operate up expand its casino operations.
to 7,500 slot machines.The The tribe's current payments to 7,500 slot machines.The The tribe's current payments to 5,000 slot machines.The The tribe's current payments to 5,000 slot machines.The The tribe's current payments
tribe would make increased to the state would not be tribe would make increased to the state would not be tribe would make increased to the state would not be tribe would make increased to the state would not be
payments to the state affected. payments to the state affected. payments to the state affected. payments to the state affected.
annually through 2030. annually through 2030. annually through 2030. annually through 2030.
ARGUMENTS ARGUMENTS ARGUMENTS ARGUMENTS
PROYES on 94,95,96, CON Part of Sacramento PRO YES on 94, 95,96, CON Part of Sacramento PRO YES on 94,95,96, CON Part of Sacramento PRO YES on 94,95, 96, CON Part of Sacramento
97 preserves four political deal for 4 97 preserves four �+ political deal for 4 97 preserves four political deal for 4 97 preserves four �+ political deal for 4
tribal gaming agreements wealthy,powerful tribes. Bad tribal gaming agreements wealthy,powerful tribes. Bad tribal gaming agreements wealthy powerful tribes. Bad tribal gaming agreements wealthy,powerful tribes. Bad
and protects hundreds of deal for California. Huge and protects hundreds of deal for California. Huge and protects hundreds of deal for California. Huge and protects hundreds of deal for California. Huge
millions of dollars each year casino gambling expansion. millions of dollars each year casino gambling expansion. millions of dollars each year casino gambling expansion. millions of dollars each year casino gambling expansion.
they will provide to our state. Could economically they will provide to our state. Could economically they will provide to our state. Could economically they will provide to our state. Could economically
The agreements increase the devastate other tribes.Lacks The agreements increase the devastate other tribes.Lacks The agreements increase the devastate other tribes.Lacks The agreements increase the devastate other tribes. Lacks
percentage of revenues tribes protections for workers, percentage of revenues tribes protections for workers, percentage of revenues tribes protections for workers, percentage of revenues tribes protections for workers,
pay to the state,mandate environment.Loophole pay to the state,mandate environment.Loophole pay to the state,mandate environment.Loophole pay to the state,mandate environment.Loophole
strict new environmental language lets tribes manipulate strict new environmental language lets tribes manipulate strict new environmental language lets tribes manipulate strict new environmental language lets tribes manipulate
protections and share revenue and underpay state. protections,and share revenue and underpay state. protections,and share revenue and underpay state. protections,and share revenue and underpay state.
revenues with non-gaming Revenue claims wildly revenues with non-gaming Revenue claims wildly revenues with non-gaming Revenue claims wildly revenues with non-gaming Revenue claims wildly
tribes. exaggerated. Schools not tribes. exaggerated.Schools not tribes. exaggerated. Schools not tribes. exaggerated. Schools not
guaranteed 1¢.NO-94,95, guaranteed 1¢. NO-94, 95, guaranteed 1¢.NO-94, 95, guaranteed 1 C NO-94, 95,
96,97. 96,97. 96,97. 96,97.
FOR ADDITIONAL INFORMATION FOR ADDITIONAL INFORMATION FOR ADDITIONAL INFORMATION FOR ADDITIONAL INFORMATION
FOR AGAINST . FOR AGAINST FOR AGAINST FOR AGAINST
Coalition to Protect Californians Against Unfair Coalition to Protect Californians Against Unfair Coalition to Protect Californians Against Unfair Coalition to Protect Californians Against Unfair
Californias Budget and Deals-No on 94,95,96, Californias Budget and Deals-No on 94„95,96, California's Budget and Deals-No on 94, 95, 96, California's Budget and Deals-No on 94,95,96,
Economy 97,A coalition of tribes, Economy 97,.A coalition of tribes, Economy 97,A coalition of tribes, Economy . 97,A coalition of tribes,
(800) 8274267 educators,taxpayers, (800) 827-1267 educators,taxpayers, (800) 827-1267 educators,taxpayers, (800) 827-1267 educators, taxpayers,
info@YESforCalifornia.com public safety officials, info@YESforCalifornia.com public safety officials, info@YESforCalifornia.com public safety officials, info@YESforCalifornia.com public safety officials,
www.YESforCalifornia.com labor,seniors, www.YESforCalifornia.com labor,seniors, www.YESforCalifornia.com labor,seniors,,' www.YESforCalifornia.com labor,seniors,
environmentalists. environmentalists. environmentalists. environmentalists.
(310) 996-2676 (310).996-2676 (310) 996-2676 (310) 996-2676
www.NoUnfairDeals.com www.NoUnfairDeals.com www.NoUnfairDeals.com . www.NoUnfairDeals.com
8 1 Quick-Reference Guide Quick-Reference Guide 1 9
V.OTER BILL OF RIGH.TS
1. You have the right to cast a ballot if you 6. You have the right to receive assistance
are a valid registered voter. in casting your ballot, if you are unable
A valid registered voter means a United States to vote with assistance.
citizen who is a resident in this state,who is at 7. You have the right to return a completed vote-
least 18 years of age and not in prison or on by-mail ballot to any precinct in the county.
parole for conviction of a felony, and who is 8. You have the right to election materials
registered to vote at his or her current in another language, if there are sufficient
residence address. residents in your precinct to warrant
2. You have the right to cast a provisional production.
ballot if your name is not listed on the 9. You have the right to ask questions about
voting rolls. election procedures and observe the election
3. You have the right to cast a ballot if you process.
are present and in line at the polling You have the right to ask questions of the
place prior to the close of the polls. precinct board and elections officials regarding
4. You have the right to cast a secret ballot free election procedures and to receive an answer
from intimidation. or be directed to the appropriate official for
5. You have the right to receive a new ballot if, an answer. However, if persistent questioning
prior to casting your ballot,you believe you disrupts the execution of their duties, the board
made a mistake. or election officials may discontinue responding
If at any time before you finally cast your to questions.
ballot,you feel you have made a mistake,you 10. You have the right to report any illegal or
have the right to exchange the spoiled ballot fraudulent activity to a local elections official or
for a new ballot.Vote-by-mail voters may also to the Secretary of State's Office.
request and receive.a new ballot if they return
their spoiled ballot to an elections official prior
to the closing of the polls on election day.
If you believe you have been denied any of these rights, or you
are aware of any election fraud or misconduct, please call the Secretary of State's
confidential toll-free Voter Hotline at 1-800-345-VOTE(8683).
Information on your voter registration affidavit will be used by elections officials to send you official information
on the voting process, such as the location of your polling place and the issues and candidates that will appear
on the ballot. Commercial use of voter registration information is prohibited by law and is a misdemeanor.Voter
information may be provided to a candidate for office, a ballot measure committee, or other person for election,
scholarly,journalistic, political, or governmental purposes, as determined by the Secretary of State. Driver's license
and social security numbers, or your signature as shown on your voter registration card, cannot be released for
these purposes. If you have any questions about the use of voter information or wish to report suspected misuse of
such information, please call the Secretary of State's Voter Hotline at 1-800-345-VOTE (8683).
Certain voters facing life-threatening situations may qualify for confidential voter status. For more information,
please contact the Secretary of State's Safe at Home program toll-free at 1-877-322-5227 or visit the Secretary of
State's website at www.sos.ca.gov.
10 1 Voter Bill of Rights
WHAT IS AN INITIATIVE?
Often referred to as "direct democracy," the initiative process is the power of the people to
place measures on the ballot. These measures can either create or change statutes (including
general obligation bonds) and amend the California Constitution. If the initiative proposes
to amend California statute, signatures of registered voters gathered must equal in number to
5% of the votes cast for all candidates for Governor in the most recent gubernatorial election.
If the initiative proposes to amend the California Constitution, signatures of registered voters
gathered must equal in number to 8% of the votes cast for all candidates for Governor in the
most recent gubernatorial election. An initiative requires a simple majority of the public's
vote to be enacted.
WHAT IS A REFERENDUM?
Referendum is the power of the people to approve or reject statutes adopted by the State
Legislature. However, referenda cannot be used to approve or reject urgency measures
or statutes that-call for elections or provide for tax levies or appropriations for current
expenses of the state. Voters wishing to block implementation of a legislatively adopted
statute must gather signatures of registered voters equal in number to 5% of the votes cast
for all candidates for Governor in the most recent gubernatorial election within 90 days of
enactment of the bill. Once on the ballot, the law is defeated if voters cast more "no" votes
than "yes" votes on the referendum question.
The laws governing referendum qualification differ significantly from those for initiative
qualification in the following ways:
• The timeline for collecting referendum signatures is shorter. Referendum
proponents have 90 days from when a statute is enacted to get a title and
summary from the state Attorney General, be cleared for circulation by the
Secretary of State, and to submit petition signatures. Initiative proponents have
150 days for circulation after their petitions receive title and summary and are
cleared for circulation.
• A referendum can qualify for the ballot closer to a statewide election than an
initiative can. Referenda can qualify for the ballot 31 days before-a statewide
election, whereas initiatives must qualify 131 days before a statewide election.
Referenda are far more rare than initiatives. Since 1912, 43 referenda have been placed before
voters, compared to 327 initiatives.
' I rl
PROPOSITION REFERENDUM ON AMENDMENT
094 ' .
TO'INDIAN GAMING COMPACT..
OFFICIAL TITLE AND SUMMARY PREPARED BY THE ATTORNEY GENERAL
REFERENDUM ON AMENDMENT TO INDIAN GAMING COMPACT.
A "Yes" vote approves and a"No"vote rejects, a law that:
• Ratifies amendment to existing gaming compact between the state and Pechanga Band of
Luiseno Mission Indians; amendment would permit tribe to operate 5,500 additional slot
machines;
• Omits certain projects from scope of California Environmental Quality Act; amendment
provides for Tribal Environmental Impact Report and intergovernmental procedure to address
environmental impact;
• Revenue paid by tribe to be deposited into General Fund; tribe would make $42,500,000 annual
payment and pay percentage of revenue generated from the additional slot machines to the state.
SUMMARY OF LEGISLATIVE ANALYST'S ESTIMATE OF NET STATE AND LOCAL GOVERNMENT FISCAL IMPACT.
• Net increase in annual state government revenues probably in the tens of millions of dollars,
growing over time through 2030.
• For local governments in Riverside County, potential net increase of revenues due to economic
growth and potential increased payments from the tribe to offset higher costs.
ANALYSIS BY THE LEGISLATIVE ANALYST
BACKGROUND the 58 tribes—including the Pechanga tribe—
This measure relates to the gambling the 1999 compacts remain in effect today.
operations of the Pechanga Band of Luiseno Pechanga Tribe's Casino Has About 2,000
Indians, a tribe based near Temecula in Riverside Slot Machines. The Pechanga tribe's lands are
County. in Riverside County near Interstate 15 and the
Existing Tribal-State Compact Figure 1
1999 Compact With the Pechanga Tribe. Locations of Tribes Affected by February 2008 Propositions
The State Constitution allows the Governor to
negotiate agreements—known as compacts— l
with Indian tribes.A compact authorizes a tribe
to operate casinos with certain slot machines Riverside
and card games. The Constitution gives the
Legislature the power to accept or reject 15 ,
compacts. In 1999, the Governor and 58 tribes, 10
including the Pechanga tribe, reached agreements 5
on casino compacts (known as the "1999 0 Pechanga Casino
compacts"), and the Legislature passed a law (Proposition 94)
approving them.The U.S. government—which ♦Casinos of tribes
reviews all com acts under federal law—then affected
by
p Propositions 95,
gave the final approval to these compacts. All of San Die a 96,and 97'
the 1999 compacts contain similar provisions Map Not to scale
giving tribes exclusive rights to operate certain
gambling activities in California. Several tribes
have negotiated amendments to their 1999
compacts in recent years. However, for most of
12 1 Title and Summary l Analysis
PROP REFERENDUM ON AMENDMENT
94 .
TO INDIAN GAMING COMPACT. .,
ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED
City of Temecula just north of the San Diego documents received by the state is required to be
County line.The location of the tribe's casino is kept confidential.
shown in Figure 1.The Pechanga tribe's casino Requirements to Address Environmental
facility includes about 2,000 Nevada-style slot Impacts of Casinos. The California
machines, the maximum allowed under the Environmental Quality Act(CEQA) requires
tribe's 1999 compact. In addition, the tribe state and local governments to review significant
currently operates over 1,500 other machines negative environmental impacts of many projects
(such as bingo-style machines) which are not that they fund or allow to be built. Under CEQA,
governed by compacts. there is a process to see that these negative
Pechanga Tribe Now Pays About$29 Million impacts are reduced or avoided where feasible.
Per Year to the State. Under federal law, tribes Currently, neither the state nor a tribe is subject
do not pay most state and local taxes. Under the to CEQNs requirements when a casino is
1999 compacts, however, the Pechanga tribe and built. Casino projects, however, may affect the
other tribes agreed to make annual payments to environment both on tribal lands'and outside of
two state government funds. tribal lands. Under the 1999 compacts, when
• Revenue Sharing Trust Fund(RSTF). A tribes build, expand, or renovate casinos, they
tribe's payments to the RSTF are.based on must prepare a report on the significant negative
a portion of the slot machines it operates. environmental impacts of the project and offer
Currently,the Pechanga tribe pays about the public a chance to comment. They must also
$300,000 per year to this fund.The state make a"good faith effort"to reduce or avoid
distributes $1.1 million per year from the those impacts outside of their reservations.
RSTF to each of the 71 federally recognized Union Status of Casino Employees. Under
Indian tribes in.California that have no . the 1999 compacts, tribes agreed to certain
casino or a small casino (less than 350 slot requirements in the area of labor relations.
machines). Unions that want to organize employees of
• Special Distribution Fund(SDF). A tribe's casinos must be given access to the employees;
payments to the SDF are based on the - Both the tribe and the union can express
revenue of its slot machines,and the number their opinions so long as they do not threaten
of the machines that the tribe operated on employees,use.force against them, or promise
September 1, 1999. Currently, the Pechanga benefits. Before a union can represent employees
tribe pays around $28.3 million per year in negotiations with the tribe, it must win a
to this fund. (Annual revenues to the fund secret ballot election of the employees. (A few
have been about $130 million.)The state later compacts have a different process for
spends moneys from the SDF for purposes determining union representation.)No union
related to casino compacts, such as: (1) currently represents the Pechanga tribe's casino
covering shortfalls in the RSTF, (2) funding employees.
programs that assist people with gambling Current Compact Expires in 2020. The 1999
problems, (3)paying costs of state agencies compact with the Pechanga tribe expires on
that regulate tribal casinos, and(4) making December 31, 2020.
grants to local governments affected by tribal
casinos. Recent Agreements and Legislation
State Regulates Certain Casino Activities Governor and Tribe Negotiated Compact
and Payments. The 1999 compacts give the Amendment in 2006. In August 2006, the
state certain powers to regulate tribal casinos. Governor and the Pechanga tribe reached an
State officials may visit casino'facilities, agreement to change the tribe's 1999 compact.
inspect casino records, and verify required (This proposed agreement is called the compact
payments under the compacts.Two entities in amendment. )The compact amendment would
state government—the California Gambling allow the tribe to expand its gambling operations
Control Commission and the Department of significantly. It would also require the tribe,
Justice—perform the regulatory duties described among other things, to pay more money to the
in the compacts. Most of the information and state. In June 2007,the Governor and the tribe
For text of Proposition 94, see page 44. Analysis 1 13 '
PROP REFERENDUM ON AMENDMENT
TO INDIAN GAMING COMPACT.
0 , 94
ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED
also,signed a memorandum of agreement (MOA) are summarized in Figure 2 and in the analysis
to take effect at the same time as the compact below. If this proposition is rejected, the tribe
amendment.The MOA addresses various casino could continue to operate its casino under the
operational issues. 1999'compact.
Legislature Passed Bills Related to the Compact Amendment
Compact Amendment in 2007. In June 2007,
the Legislature passed Senate Bill 903, which Number of Nevada-Style Slot Machines.
approves the compact amendment with the Could Increase. The compact amendment
Pechanga tribe.The Legislature also passed a bill allows the Pechanga tribe to operate up to 7,500
approving MOAs with the Pechanga tribe and Nevada-style slot machines at its casinos—up
three other tribes.The Governor signed the bills from 2,000 under the 1999 compact.
in July 2007. Increase in Payments to the State. Under
CompactApproval Measure Put on Hold the compact amendment, the Pechanga
by This Referendum. The bill approving the tribe's payments to the state would increase
compact amendment with the Pechanga tribe significantly. Its payments to the RSTF would
would have taken effect on January 1, 2008. increase to $2 million per year—up from the
However, this proposition, a referendum on SB current annual level of about $300,000.The
903, qualified for the ballot.As a result, SB 903 Vibes annual payments to the SDF—currently
was put"on hold," and the compact amendment around $28 million—would end. For the first
and MOA can take effect only if this proposition time, however, the tribe would make payments
is approved by voters. to the General Fund, the state's main operating
account. (The General Fund receives about
PROPOSAL $100 billion each year from all sources, and its
If approved, this proposition allows SB 903, funds can be used by the Legislature for any
the compact amendment, and the MOA with purpose.)The Pechanga tribes annual payment
the Pechanga tribe to go into effect, subject to the General Fund would total at least $42.5
to approval by the U.S. Department of the million under the compact amendment. In
Interior. Major provisions of these agreements addition to this minimum payment, the tribe
Figure 2
Key Facts About Current and Proposed Compacts With Pechanga Tribe
ooe —
e 9 e e
Casinos allowed on tribal 2 2
lands in Riverside County
Nevada-style slot machines allowed 2,000 7,500
,Payments to the state Currently,around$29 million per year At least$44.5 million per year.More
to two state funds.No payments to payments when the tribe expands its.
the state General Fund. casino operations.Nearly all of the
money would go to the General Fund.
Environmental impacts and • Tribe must make good faith effort ' Before commencing specified casino
increased costs of local to reduce or avoid significant projects,tribe and county and/or city
services negative environmental impacts off would either:
of tribal lands. Enter into enforceable agreement
• State uses funds paid by tribes to to reduce or avoid significant
make grants to local governments. environmental impacts and to pay
for increased public service costs,
or
• Go to arbitration to settle
disagreements on these issues.
Expiration date December 31,2020 December 31,2030
` 14 I Analysis
PROP REFERENDUM ON AMENDMENT
TO INDIAN GAMING COMPACT.
94 .,
ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED
would pay to the General Fund an annual costs of public safety and gambling addiction
amount equal to 15 percent of the net revenues programs. The tribe, county, or city can
of the next 3,000 slot machines it adds to its demand binding arbitration in cases where the
casinos after the compact amendment takes parties cannot come to an agreement. When an
effect. (In general terms, a slot machine's net arbitrator reaches a decision, it would become
revenue is the amount of money that gamblers part of the required agreements with the local
put in the slot machine minus the money paid governments described above.
out as prizes from the machine.) If the tribe Other Provisions. The compact amendment
operates more than 5,000 slot machines, it includes numerous other provisions concerning
would pay the General Fund an annual amount casino operations.Any parts of the 1999 compact
equal to 25 percent of the net revenues of those that are unchanged by the amendment(such as
additional slot machines. the requirements in the area of labor relations)
Covering Shortfalls in the RSTF. The would remain in effect.
compact amendment requires the state to use Extends Expiration Date to 2030. The
a part of the tribe's payments to the General compact amendment would extend the tribe's
Fund if they are needed to cover shortfalls in the compact by ten years—to December 31, 2030.
RSTF—the state fund that gives each tribe with
no casino or a small casino $1.1 million each Memorandum Of Agreement
year. Various Aspects of Casino 6perations
Tribal Payments to State May Decline Addressed. The MOA establishes certain
in Certain Instances. Under the compact requirements for the tribe's casino operations,
amendment, if the state allows a nontribal entity including:
to operate slot machines or certain card games . IndependentAudits Required to Be Given
in nearby areas, the tribe's required payments to the State. The 1999 compact requires
to the state would be significantly reduced or tribes.to have an independent accountant
eliminated. audit casino operations each year. The MOA
Addressing Environmental Impacts and includes an explicit requirement for the
Increased Costs of Local Services. The compact tribe to provide a copy of this audit to state
amendment expands requirements in the 1999 regulators on a confidential basis.
compact for the Pechanga tribe to address • Casino Operating Guidelines. The MOA
significant environmental impacts of its
casinos that occur outside of the tribe's requires the Pechanga tribe to maintain
reservation. Before the tribe builds or expands certain minimum internal control standards
a casino, it would be required to prepare a (MICS) at its casinos. The MICS are
draft report on these impacts and offer the operating guidelines that cover such things
as individual games, customer credit, and
public a chance to comment. The tribe then
would prepare a final report on environmental money handling. Recently, a court ruled that
a federal agency has no authority to regulate
impacts—including responses to public
certain MICS at tribal casinos.The MOA
comments. Next, the tribe would have to ,
begin negotiating enforceable agreements to gives state regulators the ability to enforce
a the Pechanga tribe's compliance with MICS
address these impacts with (1) Riverside
County and (2) any city that includes or is so long as the federal agency lacks this
adjacent to the proposed facility (it appears authority.
that the City of Temecula would meet this • Problem Gambling Provisions. The MOA
definition). Under these agreements, , requires the tribe to take several actions to
significant environmental impacts outside of identify and assist problem gamblers.
the reservation must be reduced or avoided, • Child and Spousal Support Orders. The
where feasible. The agreements also must MOA requires the tribe to comply with state
provide for local governments to receive court and agency orders to garnish wages
"reasonable compensation" for increased of casino employees for child, family, and
public service costs due to the casino, such as spousal support payments.
For text of Proposition 94, seepage 44. Analysis 15
094 PROP REFERENDUM ON AMENDMENT
TO INDIAN GAMING COMPACT.
ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED
FISCAL EFFECTS other tribal casino measures on this ballot:
The fiscal effects of the compact amendment Propositions 95, 96, and 97.
and MOA on the state and local governments
would depend on several factors, including: State and Local Governments
• The extent to which the tribe expands its Increased Payments to the State. Under
casino operations. the compact amendment, the Pechanga
tribe's payments to the state would increase
• The success of the tribe in(1) attracting significantly. Currently, the Pechanga tribe
more out-of-state visitors and(2) getting pays around $29 million per year to two state
Californians to spend more of their funds. Under the compact amendment the
"gambling dollars" within the state instead of tribe's payments to the state would total at
in Nevada or elsewhere out of state. least $44.5 million per year. If the tribe adds
• General trends in the California casino thousands of Nevada-style slot machines at
industry. its casinos, its annual payments to the state
• The extent to which Californians redirect eventually would increase by tens of millions
spending from businesses on nontribal lands of dollars. This could result in a total payment
to businesses—including gambling—on of well over $100 million annually by 2030.
tribal lands. Virtually all of the new payments would go to
the states General Fund.
• The way that tribes, state regulators, the Decreases in Other State and Local
'federal government, and the courts interpret Revenues. The compact amendment would
the compact amendment and MOA. result in reductions of other revenues received by
The major fiscal effects for the state and local the state and local governmenis:
governments are discussed below. The nearby . Effects on Taxable Economic Activity. As
box discusses fiscal issues concerning the tribal gambling expands, Californians would
Other Tribal Casino Measures on the Ballot
Four Compact Amendments Are on This Ballot. Three other tribes' compact amendments are
addressed in Propositions 95, 96, and 97. The locations of the tribes' casinos are shown in Figure 1. _
The Four Measures Would Expand the Industry Significantly. If voters approve all four of
the propositions, California's-casino industry—currentlywith over 60,000 slot machines at about
58 facilities—probably would expand significantly. Combined,the four measures would allow four
Southern California tribes to expand their casinos with up to 17,000 new slot machines. Other tribes
,also are planning casino expansions,.
State Government Fiscal Effects. If voters approve the four propositions, overall annual'
payments from the four tribes to the state would total at least$131 million.As these tribes expand their
casinos, they would make additional payments to the'state's General Fund. There would be reductions
in other state revenues partially offsetting these increased payments. Our best estimate is that annual .
state revenues over the next few years would increase by a net amount of less than$200 million. Over
the longer run,the net annual,increase could be in the low to mid hundreds of millions of dollars,
lasting until 2030. '
Local Government Fiscal Effects. If voters approve the four propositions,•there could be the
following primary fiscal effects on local governments:
• Economic Activity. There could be a significant net increase in economic activity affecting
Riverside County(where three of the four tribes are located) and cities near some of the -
tribes' casinos.
• Tribal Payments.Local governments in Riverside County and-San Diego County could
receive increased payments.from the tribes to offset all or a portion of higher service costs.
16 Analysis
PROP REFERENDUM ON AMENDMENT
94
TO INDIAN GAMING COMPACT.
i
ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED
spend more of their income at tribal facilities, Riverside County
which-are exempt from most types of state Local Economic Effects. Under the compact
and local taxes.This means Californians amendment, the Pechanga tribe may expand its
would spend less at other businesses that casino operations significantly on its lands near
are subject to state and local taxes—for Temecula in Riverside County.The tribe's
example, hotel, restaurant, and entertainment expanded customer base would include people
businesses off of tribal lands. This would coming to Riverside County from other counties
result in reduced tax revenues for the state or outside the state to gamble and purchase
and local governments. goods and services. This spending would occur
• Reduced Gambling-Related Revenues. The both on tribal lands and in surrounding areas.As
state and local governments currently receive a result, local governments in Riverside County
revenues from other forms of gambling— would likely experience net growth in revenues
such as the California Lottery, horse racing, from increased economic activity. The amount of
and card rooms. Expanded gambling on this growth is unknown.
tribal lands could reduce these other sources Increased Payments to Cover Higher Costs of
of state and local revenues. In addition, as the Local Services. As casinos expand, surrounding
Pechanga tribe expands its casino operations, local governments often experience higher
it may attract customers who otherwise costs to provide services, such as for public
would go to the casinos of other California safety, traffic control, and gambling addiction
tribes. If this occurs, these other tribes would programs. In certain instances under the compact
receive fewer revenues from their casinos and amendment, the tribe would be required to
could pay less to the state under the terms of negotiate with Riverside County and any
their compacts. affected city government to pay for the higher.
• Less Money in the SDF. If voters approve costs of local services and significant
this proposition, the Pechanga tribe would environmental impacts.
stop making payments to the SDF. (Other
propositions on this ballot also would reduce Summary of Fiscal Effects
payments to the SDF.) Under current law, Currently, the Pechanga tribe pays the state
the first priority use of money in the SDF is about $29 million per year. If voters approve
to cover shortfalls in the RSTF so that tribes this proposition and the Pechanga tribe expands
with no casino or a small casino receive a its gambling operations significantly, the tribe's
$1.1 million annual payment. If there is still annual payments to the state would increase by
not enough money to cover RSTF shortfalls, tens of millions of dollars,,potentially resulting
the compact amendment requires the state to in total payments to the state of well over$100
use a part of the Pechanga tribe's payment to million annually by 2030. Reductions in taxable
the General Fund to make up the difference. economic activity, other gambling-related
In addition, other programs (such as grants to revenues, and the tribe's payments to the SDF
local governments) funded by the SDF might would partially offset these increased payments.
need to be reduced and/or paid for from the In total, annual state revenues probably would
General Fund. increase by a net amount of tens of millions of
While these revenue decreases are difficult to dollars, growing over time.through 2030.
estimate, the combined impact would be in the For local governments in Riverside County,
tens of millions of dollars annually. there would likely be a net increase of revenues
due to economic growth, and there could be .
increased payments from the tribe to offset
higher service costs.
For text of Proposition 94, seepage 44. Analysis 17
PROP REFERENDUM ON AMENDMENT
TO INDIAN GAMING COMPACT.
094
ARGUMENT IN
O. OF PROPOSITION
PROTECT HUNDREDS OFMILLIONS OFDOLLARS San Diego Counties. In return, the tribes will pay increased
EACH YEAR IN OUR STATE BUDGET BY VOTING YES revenues from these machines to the state to support services
ON PROPS.94 95, 96,AND 97. in communities statewide.
Under new Indian Gaming Revenue Agreements VOTING YES AUTHORIZES NEW PROTECTIONS FOR
negotiated by the Governor and approved by bipartisan THE ENVIRONMENT, CASINO EMPLOYEES,AND
majorities of the Legislature, the Pechanga Barid of Luiseno LOCAL COMMUNITIES.
Indians and three other Southern California tribes will pay a Key provisions in the agreements include: •Increased
much higher percentage of their gaming revenues to the state. state regulatory oversight through audits and random
At a time when California faces a budget crisis, these inspections. •Strict new environmental standards for
agreements will provide hundredl of millions of dollars in casino-related projects. • Binding mitigation agreements that
new revenues each year—billions in the years ahead to help increase coordination between tribes and local governments,
pay for public safety,education,and other services. including compensation for law enforcement and fire
Your YES vote on Props. 94 through 97 preserves these services. • Increased protections for casino workers,including
agreements and protects the new revenues they provide. the right to unionize.
Voting NO would undo the agreements and force our state VOTING YES BENEFITS CALIFORNM TRIBES AND
to lose billions. OUR ECONOMY.
A YES VOTE IS ENDORSED BYA BROAD COALITION, The agreements will create thousands of new jobs for
including: • California Fire Chiefs Association • California Indians and non-Indians.
Statewide Law Enforcement Association • California Also, under the new agreements,these tribes will share tens
Association for Local Economic Development • Peace of millions of dollars from their revenues with tribes that
Officers Research Association of California, representing have little or no gaming.
60,000 police and sheriff officers • Congress of California "Tribes throughout California support these agreements. They
Seniors • California Indian Tribes provide the state with much-needed new revenues and provide
OUR STATEFACESA BUDGET CRISIS—VOTING YES smaller, non gaming tribes with funding to help our people
PROTECTS FUNDING FOR VITAL STATE SERVICES. become self-reliant and to fund healthcare, education, and other
California faces mounting budget deficits.These services on our reservations. —Chairman Raymond Torres,
agreements won't solve our budget problems,but they Torres-Martinez Desert Cahuilla Indians
provide vitally needed help. PROTECT OUR STATE BUDGET.PROTECT
The last thing we need is to cancel these new agreements CALIFORNIA TAXPAYERS.PROTECT VITAL SERVICES.
and put our state billions of dollars further in the hole. VOTE YES on 94, 95, 96,and 97.
"Voting YES protects billions in new revenues to fund public www.YESforCalifornia.com
safety, education,and other vital services."—Sheldon Gilbert, GOVERNOR ARNOLD SCHWARZENEGGER
President, California Fire Chiefs Association
VOTING YES KEEPS GAMING ON EXISTING TRIBAL JACK O'CONNELL,California Superintendent
LANDS IN SOUTHERN CALIFORNIA—WHILE of Public Instruction
PROVIDING BENEFITS TO OUR ENTIRE STATE. CHIEF GENE GANTT,Legislative Director
Props. 94 through 97-will allow the tribes to add slot California Fire Chiefs Association
machines on their existing tribal lands in Riverside and
REBUTTAL TO ARGUMENT IN FAVOR OF PROPOSITION 94
The bottom line:The Big 4 gambling deals failed to include deals do not,at great expense to taxpayers.University
the accountability necessary to make good on their promises. professors studied ope of the Big 4 tribes and found more
Other tribal-state compacts require easily verified,per than half of the children of their casino workers were forced
slot machine payments to the state,but the Big 4 politically to rely on taxpayer-funded health care.That's unacceptable.
powerful tribes get to pick and choose which slot machines These are terrible deals for California.They promise 4
to count. It's a:revenue formula ripe for manipulation. wealthy tribes billions in profits,while shortchanging casino
"They allow the tribes themselves' instead ofan independent workers,our schools,our police and fire departments,other
auditor—to determine the amount of net winnings that would tribes,and our environment.
be subject to revenue sharing with the state."—San Francisco This is too low a standard to set for future tribal-state
Chronicle compacts. Let's force the Legislature to do better.Vote NO
Even the independent Legislative Analyst has called their on 94,95,96,97.
revenue promises unrealistic. JOHN F.HANLEY, Fire Captain
And the problems don't stop there. . . P
Other compacts give affected communities a 55-day final Fire Fighters Local 798
comment period to ensure the environmental impacts of DOLORES HUERTA,Co-Founder
proposed casino expansions have been addressed.The Big 4 United Farm Workers
deals do not. MAURY HANNIGAN,Former Commissioner and
Other compacts make it easier for casino workers to get Chief Executive Officer
decent wages and affordable health insurance.The Big 4 California Highway Patrol
18 1 ArQu m en is Arguments printed on this page are the opinions of the authors and have not been checked for accuracy by any official agency
PROP REFERENDUM ON AMENDMENT
TO INDIAN GAMING COMPACT.94
ARGUMENT AGAINST PROPOSITION
It's amazing what millions of dollars in political In short:The deals let the Big 4 tribes off the hook for fair
contributions can get you in Sacramento these days.Just revenue sharing with taxpayers.
ask four of the wealthiest and most powerful tribes in the Why do they promise more education revenues when
state—Pechanga,Morongo, Sycuan,and Agua Caliente. NOT ONE PENNY OF IT IS GUARANTEED TO OUR
After wining and dining the Legislature,the Big 4 tribes SCHOOLS?That's what the California Federation of
cut a deal for ONE OF THE LARGEST EXPANSIONS OF Teachers would like to know.They're opposed to these deals.
CASINO GAMBLING IN U.S. HISTORY—far beyond the Why do labor unions oppose the Big 4 deals?The deals
modest increase voters were promised.Its a sweetheart deal would shower 4 wealthy tribes with Billions in profits,but
for the Big 4'tribes, but a raw deal for other tribes, taxpayers, FAIL TO ENSURE THE MOST BASIC RIGHTS FOR
workers,and the environment. CASINO WORKERS,INCLUDING AFFORDABLE
Fortunately,nearly 3 million referendum signatures were HEALTH INSURANCE.
submitted to demand the opportunity voters now have to Why didn't the Big 4 deals include strict environmental
OVERTURN THESE LEGISLATIVE GIVEAWAYS. protections?Unlike previous compacts with other tribes,
We urge you to take advantage of this hard fought the BIG 4 DEALS FAILED TO INCLUDE LANGUAGE
opportunity to VOTE NO on 94,95,96,and 97.Ask the THAT TRULY MIRRORS THE CALIFORNIA
tough questions and get the facts. ENVIRONMENTAL QUALITY ACT to give citizens a
How much gambling expansion are we talking about?Add up meaningful voice on casino expansion projects that threaten
all the slot machines at a dozen big Vegas casinos,including our environment.
the Bellagio,MGM Grand,Mirage,and Mandalay Bay,and The Big 4 tribes went to great expense to try to prevent
they still wouldn't total the 17,000 additional slot machines you from having a say on their deals.That's because they
these deals authorize. Pechanga could more than triple their know that their UNFAIR, POLITICAL DEALS will not
current 2,000 maximum number of slot machines to 7,500. stand up to voter scrutiny.
California would become home-to some of the largest casinos Join public safety officials,educators,tribes, taxpayers,
in the world. labor unions,senior groups,civil rights.and environmental
Why do other tribes oppose these deals?Just 4 of California's organizations,and VOTE NO on 94,95, 96,and 97.Force
108 tribes would get UNFAIR CONTROL OVER ONE- them back to the drawing board to come up with a better plan
THIRD OF THE STATE'S INDIAN GAMING PIE, thats fair to other tribes, taxpayers, and workers.
with dominant casinos that could ECONOMICALLY
DEVASTATE SMALLER TRIBES. MARTY HITTELMAN,President
Who would calculate how much revenue goes to the state? California Federation of Teachers
The Big 4 tribes themselves.The deals include an EASILY JOHN A.GOMEZ,JR.,President
MANIPULATED REVENUE SHARING FORMULA that American Indian Rights and Resources Organization
lets THE BIG 4 DECIDE WHICH SLOT MACHINES LENNY GOLDBERG,Executive Director
TO COUNT AND HOW MUCH TO PAY THE STATE. California Tax Reform Association
REBUTTAL ARGUMENT AGAINST PROPOSITION
The campaign against the Indian Gaming Revenue with little or no gaming."—Chairwoman Lynn Valbuena,
Agreements (Props. 94,95, 96,97) is funded and led by a Tribal Alliance of Sovereign Indian Nations
Las Vegas casino owner and a few gambling interests that FACT.THE AGREEMENTS INCREASE
don't want competition.They are making false claims. Here ENVIRONMENTAL PROTECTIONS.
are the facts. "These agreements contain strict new environmental safeguards "
FACT:THE AGREEMENTS INCREASE STATE for tribal gaming projects, including provisions that mirror the
OVERSIGHT AUTHORITY. California Environmental Quality Act."—Linda Adams,
"'These agreements contain tough fiscal safeguards—including Secretary,California Environmental Protection Agency
audits ofgaming revenues by state regulators. Props. 94-97 FACT. BILLIONS WILL GO TO PUBLIC SERVICES,
will provide our state with hundreds of millions each year in INCLUDING EDUCATION.
essential new revenues."—Alan Wayne Barcelona,President, "Voting YES provides California with billions available
California Statewide Law Enforcement Association for education, childrens health,and many other state services.
FACT. GAMING UNDER THESE AGREEMENTS Voting NO would take away billions, making our budget
IS LIMITED TO FOUR EXISTING INDIAN problems worse."—Jack O Connell,California
RESERVATIONS. Superintendent of Public Instruction
"Props. 94-97 simply allow four tribes in Riverside County YES on 94,95, 96,and 97.
and San Diego County to have a limited number of additional
slot machines imgaming facilities on their existing lands." LINDA ADAMS,Secretary
—Carole Goldberg,Professor of Law and Native American California Environmental Protection Agency
Studies CHIEF GENE GANTT,Legislative Director
FACT:THE AGREEMENTS BENEFIT TRIBES California Fire Chiefs Association
ACROSS CALIFORNIA. ALAN WAYNE BARCELONA,President
"The agreements will provide important revenues to tribes California Statewide Law Enforcement Association
Arguments printed on this page are the opinions of the authors and have not been checked for accuracy by any official agenry. Arguments 19
PROPOSITION REFERENDUM ON AMENDMENT
-95 TO INDIAN GAMING COMPACT.
OFFICIAL TITLE AND SUMMARY PREPARED BY THE ATTORNEY GENERAL
REFERENDUM ON AMENDMENT TO INDIAN GAMING COMPACT.
A"Yes"Vote approves, and a"No"Vote rejects, a law that:
• Ratifies amendment to existing gaming compact between the state and Morongo Band of
Mission Indians; amendment would permit tribe to operate 5,500 additional slot machines;
• Omits certain projects from scope of California Environmental Quality Act; amendment
provides for Tribal Environmental Impact Report and intergovernmental procedure to address
environmental impact;
• Revenue paid by tribe to be deposited into General Fund; amendment requires tribe to make
$36,700,000 annual payment and pay percentage of revenue generated from additional slot
machines to the state.
SUMMARY OF LEGISLATIVE ANALYST'S ESTIMATE OF NET STATE AND LOCAL GOVERNMENT FISCAL IMPACT.
• Net increase in annual state government revenues probably in the tens of millions of dollars,
growing over time through 2030.
• For local governments in Riverside County, potential net increase of revenues due to economic
growth and potential increased payments from the tribe to offset higher costs.
ANALYSIS BY THE LEGISLATIVE ANALYST
BACKGROUND their 1999 compacts in recent years. However,
This measure relates to the gambling for most of the 58 tribes—including the
operations of the Morongo Band of Mission Morongo tribe—the 1999 compacts remain in
Indians, a tribe based near Banning in Riverside effect today.
County.
Figure 1
Existing Tribal-State Compact Locations of Tribes Affected by February 2008 Propositions
1999 Compact With the Morongo Tribe.
The State Constitution allows the Governor to '
negotiate agreements—known as compacts—
with Indian tribes.A compact authorizes Riverside
a tribe to operate casinos with certain slot
machines and card games.The Constitution 15 ,
gives the Legislature the power to accept or
reject compacts. In 1999, the Governor and 58 5
tribes, including the Morongo tribe, reached Morongo casino
agreements on casino compacts (known as the cProposition 95)
"1999 compacts"), and the Legislature passed aCasinos of ffected by tribes
a law approving them. The U.S. government— a, _� Propositions 94,
which reviews all compacts under federal law— San Die s e= 96,and 97
then gave the final approval to these compacts. `*` ° Map Not°Scale
All of the 1999 compacts contain similar
provisions giving tribes exclusive rights to
operate certain gambling activities in California.
Several tribes have negotiated amendments to
20 1 Title and Summary /Analysis
PROP REFERENDUM ON AMENDMENT '
TO INDIAN GAMING COMPACT.95
ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED
Morongo Tribe's Casino Has About 2,000 state government—the California Gambling •
Slot Machines. The Morongo tribe's lands are Control Commission and the Department
in,Riverside County near Interstate W and the of Justice—perform the regulatory duties
City of Banning—about 15 miles west of Palm described in the compacts. Most of the
Springs. The location of the tribe's casino is information and documents received by the
shown in Figure 1. The Morongo tribe's casino state is required to be kept confidential.
facility includes about 2,000 Nevada-style Requirements to Address Environmental
slot machines, the maximum allowed under Impacts of Casinos. The California
the tribe's 1999 compact. In addition, the tribe Environmental Quality Act (CEQA)requires
currently operates a few hundred other machines state and local governments to review significant
(such as bingo-style machines) which are not negative environmental impacts of many projects
governed by compacts. that they fund or allow to be built. Under CEQA,
Morongo Tribe Now Pays About$29 Million there is a process to see that these negative
Per Year to the State. Under federal law, tribes impacts are reduced or avoided where feasible.
do not pay most state and local taxes. Under the Currently, neither the state nor a tribe is subject
1999 compacts, however, the Morongo tribe and to CEQA's requirements when a casino is
other tribes agreed to make annual payments to built. Casino projects, however, may affect the
two state government funds. environment both on tribal lands and outside of
• Revenue Sharing Trust Fund(RSTF). A tribal lands. Under the 1999 compacts, when
-tribe's payments to the RSTF are based on a tribes build, expand, or renovate casinos, they
portion of the slot machines it operates. The must prepare a report on the significant negative
Morongo,tribe currently has an obligation of environmental impacts of the project and offer
about $20,000 a year to the RSTF. The state the public a chance to comment. They must also
distributes $1.1 million per year from the make a"good faith effort" to reduce or avoid
RSTF to each of the 71 federally recognized those impacts outside of their reservations.
Indian tribes in California that have no Union Status of Casino Employees. Under
casino or a small casino (less than 350 slot the 1999 compacts, tribes agreed to certain
machines). requirements in the area of labor relations.
• Special Distribution Fund(SDF). A tribe's Unions that want to organize employees of
payments to the SDF are based on the casinos must be given access to the employees.
revenue of its slot machines and the number Both the tribe and the union can express
of the machines that the tribe operated on their opinions so long as they do not threaten
September 1, 1999. Currently, the Morongo employees, use force against them, or promise
tribe pays around $29 million per year to benefits. Before a union can represent employees
this fund:(Annual revenues to the fund in negotiations with the tribe, it must win a
have been about $130 million.)The state secret ballot election of the employees. (A few
spends moneys from the SDF for purposes later compacts have a different process for
related to casino compacts, such as: (1) determining union representation.)No union
covering shortfalls in.the RSTF, (2) funding currently represents the Morongo tribes casino
programs that assist people with gambling employees.
problems, (3)paying costs of state agencies Current Compact Expires in 2020. The 1999
that regulate tribal casinos, and (4) making compact with the Morongo tribe expires on
grants to local governments affected by tribal December 31, 2020.
casinos.
State Regulates Certain Casino Activities Recent Agreements and Legislation
and Payments. The 1999 compacts give the Governor and Tribe Negotiated Compact
state certain powers to regulate tribal casinos. Amendment in 2006. In August 2006, the
State officials may visit casino facilities, Governor and the Morongo tribe reached an
inspect casino records, and verify required agreement to change the tribe's 1999 compact.
payments under the compacts. Two entities in (This proposed agreement is called the "compact
For text of Proposition 95, see page 44. Analysis 121
PROP REFERENDUM ON AMENDMENT
TO INDIAN GAMING COMPACT.
95
ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED
amendment.")The compact amendment would PROPOSAL
allow the tribe to expand its gambling operations If approved, this proposition allows SBA 74,
significantly. It would also require the tribe, the compact amendment, and the MOA with
among other things, to pay more money to the the Morongo tribe to go into effect, subject
state. In June 2007, the Governor and the tribe to approval by the U.S. Department of the
also signed a memorandum of agreement (MOA) Interior. Major provisions of these agreements
to take effect at the same time as the compact are summarized in Figure 2 and in the analysis
amendment. The MOA addresses various casino
operational issues. below. If this,proposition is rejected, the tribe
could continue to operate its casino under the
Legislature Passed Bills Related to the 1999 compact.
CompactAmendment in 200.7. In June 2007,
the Legislature passed Senate Bill 174, which Compact Amendment
approves.the compact amendment with the Number of Nevada-Style Slot Machines
Morongo tribe. The Legislature also passed a bill Could Increase. The compact amendment
approving MOAs with the Morongo tribe and allows the Morongo tribe to operate up to 7,500
three other tribes.The Governor signed the bills Nevada-style slot machines at its casinos—up
in July 2007. from 2,000 under the 1999 compact.
CompactApproval Measure Put on Hold Tribe Could Own Two Casinos and One
by This Referendum. The bill approving the Smaller Facility. The compact amendment
compact amendment with the Morongo tribe allows the Morongo tribe to own up to two
would have taken effect on January 1, 2008. casinos and one "auxiliary gaming facility" on •
However, this proposition, a referendum on SB tribal lands—up from the two casinos allowed
174, qualified for the ballot.As a result, SB 174 under the 1999 compact. The auxiliary facility
was put"on hold," and the compact amendment would have to be a commercial building and
and MOA can take effect only if this proposition could have no more than 25 slot machines.
is approved by voters.
Figure 2
Key Facts'About Current and Proposed Compacts With Morongo Tribe
., .xP�
j ropSetl� rioQ s u
Casinos allowed on tribal 2 2,plus small auxiliary gaming facility
lands in Riverside County
Nevada-style slot machines allowed 2,000 7,500
Payments to the state Currently,around$29 million per year At least$38.7 million per year.More
to two state funds.No payments to payments when the tribe expands its
the state General Fund. casino operations.Nearly all of the
money would go to the General Fund.
Environmental impacts and Tribe must make good faith effort Before commencing specified casino
increased costs of local to reduce or avoid significant projects,tribe and county and/or city
services negative environmental impacts off would either:
of tribal lands. Enter into enforceable agreement
• State uses funds paid by tribes to to reduce or avoid significant
make grants to local governments. environmental impacts and to pay
for increased public service costs,,
or
• Go to arbitration to settle
disagreements on these issues.
Expiration date December 31,2020 December 31,2030
72 I Analvcic
PROP REFERENDUM ON AMENDMENT
95 TO INDIAN GAMING COMPACT.
ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED
Increase in Payments to the State. Under responses to public comments. Next, the tribe
the compact amendment, the Morongo would have to begin negotiating enforceable
tribe's payments to the state would increase agreements to address these impacts with
significantly. Its payments to the RSTF would (1) Riverside County and(2)any city that
be $2 million per year. The tribe's annual includes or is located within one-quarter mile
payments to the SDF—currently around$29 of a proposed facility. Under these agreements,
million—would end. For the first time, however, significant environmental impacts outside of the
the tribe would ihake payments to the General reservation must be reduced or avoided, where
Fund, the*.state's main operating account. (The feasible. The agreements also must provide
General Fund receives about$100 billion each for local governments to receive"reasonable
year from all sources, and its funds can be used compensation" for increased public service costs
by the Legislature for any purpose.)The Morongo due to the casino, such as costs of public safety
tribe's annual payment to the General Fund would and gambling addiction programs.The tribe,
total at least$36.7 million under the compact county, or city can demand binding arbitration
amendment. In addition to this minimum payment, in cases where the parties cannot come to an
the tribe would pay to the General Fund an annual agreement. When an arbitrator reaches a decision,
amount equal to 15 percent of the net revenues of it would become part of the required agreements
the next 3,000 slot machines it adds to its casinos with the local governments described above.
after the compact amendment takes effect. (In Other Provisions. The compact amendment
general terms, a slot machine's net revenue is the includes numerous other provisions concerning
amount of money that gamblers put in the slot casino operations..Any parts of the 1999 compact
machine minus the money paid out as prizes from that are unchanged by the amendment(such as
the machine.) If the tribe operates more than 5,000 the requirements in the area of labor relations)
slot machines, it would pay the General Furid would remain in effect.
an annual amount equal to 25 percent of the net
revenues of those additional slot machines. Extends Expiration Date to 2030. The
Covering Shortfalls in the RSTF. The compact amendment would extend the tribe's
compact amendment requires the state to use compact by ten years—to December 31, 2030.
a part of the tribe's payments to the General Memorandum of Agreement
Fund if they are needed to cover shortfalls in the various Aspects of Casino Operations
RSTF—the state fund that gives each tribe with Addressed. The MOA establishes certain
no casino or a small casino $1.1 million each requirements for the tribe's casino operations,
year. including:
Tribal Payments to State May Decline
in Certain Instances. Under the compact •jndependentAudits Required to Be Given
amendment, if the state allows a nontribal entity to the State. The 1999 compact requires
to operate slot machines or certain card games tribes to have an independent accountant
in nearby areas, the tribe's required payments audit casino operations each year.The MOA
to the state would be significantly reduced or includes an explicit requirement for the
-eliminated. tribe to provide a copy of this audit to state
Addressing Environmental Impacts and
regulators on a confidential basis.
Increased Costs of Local Services. The compact • Casino Operating Guidelines-The MOA
amendment expands requirements in the 1999 requires the Morongo tribe to maintain
compact for the Morongo tribe to address certain minimum internal control standards
significant environmental impacts of its casinos (MICS) at its casinos.The MICS are
that occur outside of the tribe's reservation. operating guidelines that cover such things
Before the tribe builds or expands a casino, it as individual games, customer credit, and
would be required to prepare a draft report on money handling. Recently, a court ruled that
these impacts and offer the public a chance to a federal agency has no authority to regulate
comment.The tribe then would prepare a final certain MICS at tribal casinos.The MOA
report on environmental impacts—including gives state regulators the ability to enforce
For text of proposition 95, seepage 44. Analysis 1 23
PROP REFERENDUM ON AMENDMENT
TO INDIAN GAMING COMPACT.
95
ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED
• the Morongo tribe's compliance with MICS The extent to which Californians.redirect
so long as the federal agency lacks this spending from businesses on nontribal lands
authority. to businesses—including gambling—on
• Problem Gambling Provisions. The MOA tribal lands.
requires the tribe to take several actions to • The way that tribes, state regulators, the
identify and assist problem gamblers. federal government, and the courts interpret
• Child and Spousal Support Orders. Under the compact amendment and.MOA.
the MOA, the tribe agrees to require its The major fiscal effects for the state and local
casino employees to comply with state court governments are discussed below. The nearby
and agency orders to make payments for box discusses fiscal issues concerning the
child, family, and spousal support. other tribal casino measures on this ballot:
FISCAL EFFECTS Propositions 94, 96, and 97.
The fiscal effects of the compact amendment State and Local Governments
and MOA on the state and local governments
would depend on several factors, including: Increased Payments to the State. Under
the compact amendment, the Morongo
• The extent to which,the tribe expands its tribe's payments to the state would increase
casino operations. significantly. Currently, the Morongo.tribe .
• The success of the tribe in(1) attracting pays around $29 million per year to two state
more out-of-state visitors and(2) getting funds. Under the compact amendment,.the
Californians to spend more of their tribe's payments to the state would total at
"gambling dollars" within the state instead of least $38.7 million per year. If the tribe adds
in Nevada or elsewhere out of state. thousands of Nevada-style slot machines at
• General trends in the California casino its casinos, its annual payments to the state
industry. eventually would increase by tens of millions
Other Tribal Casino Measures on the Ballot
Four Compact Amendments Are on This Ballot. Three other tribes' compact amendments are
addressed in Propositions 94, 96, and 97. The locations of the tribes' casinos are shown in Figure 1.
The Four Measures Would Expand the Industry Significantly. If voters approve all four of the
propositions, California's casino industry—currently with over 60,000 slot machines at about 58
facilities—probably would expand significantly. Combined,the four measures would allow four
Southern California tribes to expand their casinos with up to 17,000 new slot machines. Other tribes
also are planning casino expansions.
State Government Fiscal Effects. If voters approve the four propositions,overall annual payments
from the four tribes to the state would total at least$131 million. As these tribes expand their casinos,
they would make additional payments to the state's General Fund.There would be reductions in other
state revenues partially offsetting these increased payments. Our best estimate is that annual state
revenues*over the next few years would increase by a net amount of less than $200 million. Over the
longer run,the net annual increase could be in the low to mid hundreds of millions of dollars, lasting
until 2030.
Local Government Fiscal Effects. If voters approve the four propositions,there could be the
following primary fiscal effects on local governments:
• Economic Activity. There could be a significant net increase in economic activity affecting
Riverside County(where three of the four tribes are located) and cities near some of the
tribes' casinos.
• Tribal Payments. Local governments in Riverside County and San Diego County could
receive increased payments from the tribes to offset all or a portion of higher service costs.
24 1 Analysis
PROP REFERENDUM ON AMENDMENT
95 TO INDIAN GAMING COMPACT.
ANALYSIS BY,THE LEGISLATIVE ANALYST CONTINUED
of dollars. This could result in a total payment While these revenue decreases are difficult to
of well over $100 million annually by 2030. estimate, the combined impact would be in the
Virtually all of the new payments would go to tens of millions of dollars annually.
the state's General Fund.
Decreases in Other State and Local, Riverside County
Revenues. The compact amendment would result Local Economic Effects. Under the compact
in reductions of other revenues received by the amendment, the Morongo tribe may expand
state and local governments: its casino operations significantly on its lands
near Banning in Riverside County. The tribe's
• Effects on Taxable Economic Activity. As expanded customer base would include people
tribal gambling expands, Californians would coming to Riverside County from other counties
spend more of their income at tribal facilities, or outside the state to gamble and purchase
which are exempt from most types of state goods and services. This spending would occur
and local taxes. This means Californians both on tribal lands and in surrounding areas.As
would spend less at other businesses that a result, local governments in Riverside County
are subject to state and local taxes—for ' would likely experience net growth in revenues
example, hotel, restaurant, and entertainment from increased economic activity. The amount of
businesses off of tribal lands. This would this growth is unknown.
result in reduced tax revenues for the state Increased Payments to Cover Higher Costs of
and local governments. Local Services. As casinos expand, surrounding
• Reduced Gambling-Related Revenues. The local governments often experience higher
state and local governments currently receive costs to provide services, such as for public
revenues from other forms of gambling— safety, traffic control, and gambling addiction
such as the California Lottery, horse racing, programs. In certain instances under the compact
and card rooms. Expanded gambling on amendment, the tribe would be required to
tribal lands could reduce these other sources negotiate with Riverside County and any affected
of state and local revenues. In addition, as the city government to pay for the higher costs of
Morongo tribe expands its casino operations, local services and significant environmental
it may attract customers who otherwise impacts.
would go to the casinos of other California
tribes. If this occurs, these other tribes would Summary of Fiscal Effects
receive fewer revenues from their casinos and . Currently, the Morongo tribe pays the state
could pay less to the state under the terms of about $29 million per year. If voters approve
their compacts. this proposition and the Morongo tribe expands
• Less Money in the SDF. If voters approve its gambling operations significantly, the tribe's
this proposition, the Morongo tribe would annual payments to the state would increase by
stop making payments to the SDF. (Other . tens of millions of dollars, potentially resulting
propositions,on this ballot also would reduce in total payments to the state of well over$100
payments to the SDE)'Under current law, million annually by 2030. Reductions in taxable
the first priority use of money in the SDF is economic activity, other gambling-related .
to cover shortfalls in the RSTF so that tribes revenues, and the tribe's payments to the SDF
with no casino or a small casino receive a would partially offset these increased payments.
$1.1 million annual payment. If there is still In total, annual state revenues probably would
not enough money to cover RSTF shortfalls, increase by a net amount of tens of millions of
the compact amendment requires the state to dollars, growing over time through 2030.
use a part of the Morongo tribe's payment to For local governments in Riverside County,
the General Fund to make up the difference. there would likely be a net increase of revenues
In addition, other programs (such as grants to due to economic growth, and there could be
local governments) funded by the SDF might increased payments from the tribe to offset
need to be reduced and/or paid for from the higher service costs.
General Fund.,
For text of Proposition 95, see page 44. Analysis 25
PROP REFERENDUM ON AMENDMENT
95
TO INDIAN GAMING COMPACT.
ARGUMENT IN I . I PROPOSITION
• PROTECT HUNDREDS OFMILLIONS OFDOLLARS San Diego Counties.In return,the tribes will'pay increased
EACH YEAR IN OUR STATE BUDGET BY VOTING YES revenues from these machines to the state to support services
ON PROPS. 94, 95,96,AND 97 in communities statewide.
Under new Indian Gaming Revenue Agreements VOTING YES AUTHORIZES NEW PROTECTIONS FOR
negotiated by the Governor and approved by bipartisan THE ENVIRONMENT, CASINO EMPLOYEES,AND
majorities of the Legislature, the Morongo Band of Mission LOCAL COMMUNITIES.
Indians and three other Southern California tribes will pay a Key provisions in the agreements include: •Increased
much higher percentage of their gaming revenues to the state. state regulatory oversight through audits and random
At a time when California faces a budget crisis,these inspections. •Strict new environmental standards for
agreements will provide hundreds of millions of dollars in casino-related projects.•Binding mitigation agreements that
new revenues each year—billions in the years ahead to help increase coordination between tribes and local governments,
pay for public safety,education,and other services. including compensation for law enforcement and fire
Your YES vote on Props. 94, through 97 preserves these services. •Increased protections for casino workers,including
agreements and protects the new revenues they provide. the right to unionize.
Voting NO would undo the agreements and force our state VOTING YES BENEFITS CALIFORNIA TRIBES AND
to lose billions. OURECONOMY.
A YES VOTE IS ENDORSED BYA BROAD COALITION, The agreements will create thousands of new jobs for
including: •California Fire Chiefs Association•California Indians and non-Indians.
Statewide Law Enforcement Association California Also,under the new agreements,these tribes will share tens
Association for Local Economic Development• Peace of millions of dollars from their revenues with tribes that
Officers Research Association of California,representing have little or no gaming.
60,000 police and sheriff officers•Congress of California "Tribes throughout California support these agreements. They
Seniors •California Indian Tribes provide the state with much-needed new revenues and provide
O UR STATE FACES A BUDGET CRISIS—VOTING YES smaller, non gaming tribes with funding to help our people
PROTECTS FUNDING FOR VITAL STATE SERVICES. become self-reliant and to fund healthcare, education,and other
California faces mounting budget deficits.These services on our reservations."—Chairman Raymond Torres,
agreements won't solve our budget problems,but they Torres-Martinez Desert Cahuilla Indians
provide vitally needed help. PROTECT OUR STATE BUDGET.PROTECT
The last thing we need is to cancel these new agreements CALIFORNIA TAXPAYERS.PROTECT VITAL SERVICES.
and put our state billions of dollars further in the hole. VOTE YES on 94,95,96,and 97.
"Voting YES protects billions in new revenues to fund public www.YTS/orCalifornia.com
safety, education,and other vital services."—Sheldon Gilbert, GOVERNOR ARNOLD SCHWARZENEGGER
President,California Fire Chiefs Association
VOTING YES KEEPS GAMING ON EXISTING TRIBAL JACK O'CONNELL,California Superintendent
LANDS IN SOUTHERN CALIFORNIA—WHILE of Public Instruction
PROVIDING BENEFITS TO OUR ENTIRE STATE. CHIEF GENE GANTT,Legislative Director
Props.94 through 97 will allow the tribes to add slot California Fire Chiefs Association
machines on their existing tribal lands in Riverside and
REBUTTAL TO ARGUMENT IN FAVOR OF PROPOSITION 95
The bottom line:The Big 4 gambling deals failed to include deals do not,at great expense to taxpayers.University
the accountability necessary to make good on their promises. professors studied one of the Big 4 tribes and found more
Other tribal-state compacts require easily verified,per than half of the children of their casino workers were forced
slot machine payments to the state,but the Big 4 politically to rely on taxpayer-funded health care.That's unacceptable.
powerful tribes get to pick and choose which slot machines These are terrible deals for California.They promise 4
to count. It's a revenue formula ripe for manipulation. wealthy tribes billions in profits,while shortchanging casino
"They allow the tribes themselves—instead of`an independent workers,our schools,our police and fire departments,other
auditor—to determine the amount of net winnings that would tribes,and our environment..
be subject to revenue sharing with the state."—San Francisco This is too low a standard to set for future tribal-state
Chronicle compacts. Let's force the Legislature to do better.Vote NO
Even the independent Legislative Analyst has called their on 94,95, 96, 97.
revenue promises unrealistic.
And the problems don't stop there. . . JOHN F.HANLEY,Fire Captain
Other compacts give affected communities a 55-day final Fire Fighters Local 798
comment period to ensure the environmental impacts of DOLORES HUERTA,Co-Founder
Proposed casino expansions have been addressed.The Big 4 United Farm Workers
deals do not. . MAURY HANNIGAN, Former Commissioner and
Other compacts make it easier for casino workers to get Chief Executive Officer
decent wages and affordable health insurance.The Big 4 California Highway Patrol
A- I .A rau m e n t c ArPuments Printed on this Pape are the opinions of the authors and have not been checked for accuracy by any official agenry.
PROP REFERENDUM ON AMENDMENT
TO INDIAN GAMING COMPACT.
95
ARGUMENT AGAINST PROPOSITION
It's amazing what millions of dollars in political In short:The deals let the Big 4 off the hook for fair revenue
contributions can get you in Sacramento these days.Just sharing with taxpayers.
ask four of the wealthiest and most powerful tribes in the Why do they promise-more education revenues when
state—Pechanga, Morongo, Sycuan,and Agua Caliente. NOT ONE PENNY OF IT IS GUARANTEED TO OUR
After wining and dining the Legislature, the Big 4 tribes SCHOOLS?That's what the California Federation of
cut a deal for ONE OF THE LARGEST EXPANSIONS OF Teachers would like to know.They're opposed to these deals.
CASINO GAMBLING IN U.S. HISTORY—far beyond Why do labor unions oppose the Big 4 deals?The deals
the modest increase voters were promised.A sweetheart deal would shower 4 wealthy tribes with billions in profits,but
for the Big 4 tribes, but a raw deal for other tribes, taxpayers, FAIL TO ENSURE THE MOST BASIC RIGHTS FOR
workers,and the environment. CASINO WORKERS,INCLUDING AFFORDABLE
Fortunately, nearly 3 million referendum signatures were HEALTH INSURANCE.
submitted to demand the opportunity voters now have to Why didn't the Big 4 deals include strict environmental
OVERTURN THESE LEGISLATIVE GIVEAWAYS. protections?Unlike previous compacts with other tribes,
We urge you to take advantage of this hard fought the BIG 4 DEALS FAILED TO,INCLUDE LANGUAGE
opportunity to VOTE NO on 94,95,96,and 97.Ask the THAT TRULY MIRRORS THE CALIFORNIA
tough questions. Get the facts. ENVIRONMENTAL QUALITY ACT to give citizens a
How much gambling expansion are we talking about?Add up meaningful voice on casino expansion.projects that threaten
all the slot machines at a dozen big Vegas casinos,including our environment.
the Bellagio,MGM Grand,Mirage,and Mandalay Bay,and The Big 4 tribes went to great expense to try to prevent
they still wouldn't total the 17,000 additional slot machines you from having a say on their.deals.That's because they
these deals authorize.Morongo could build another casino know that their UNFAIR, POLITICAL DEALS will not
and more than triple their current 2,000.maximum number stand up to voter scrutiny.
of slot machines to 7,500. California would become home to Join public safety officials,educators,tribes, taxpayers,
some of the largest casinos in the world. labor unions,senior groups,civil rights and environmental
Why do other tribes oppose these deals?Just 4 of California's organizations,and VOTE NO on 94,95,96,and 97.Force
108 tribes would get UNFAIR CONTROL OVER ONE- them back to the drawing board to come up with a better plan
THIRD OF THE STATE'S INDIAN GAMING PIE, thats fair to other tribes, taxpayers, and workers.
with dominant casinos that could ECONOMICALLY
DEVASTATE SMALLER TRIBES. MARTY HITTELMAN,President
Who would calculate how much revenue goes to the state? California Federation of Teachers
The Big 4 tribes.The deals include an EASILY JOHN A.GOMEZ,JR., President
MANIPULATED REVENUE SHARING FORMULA that American Indian Rights and Resources Organization
lets THE BIG 4 DECIDE WHICH SLOT MACHINES LENNY GOLDBERG,Executive Director
TO COUNT AND HOW MUCH TO PAY THE STATE. California Tax Reform Association
REBUTTAL
The campaign against the Indian Gaming Revenue with little or no gaming.'=Chairwoman Lynn Valbuena,
Agreements (Props. 94, 95,96,97) is funded and led by a . Tribal Alliance of Sovereign Indian Nations
Las Vegas casino owner and a few gambling interests that FACT:THE AGREEMENTS INCREASE
don't want competition:They are making false claims. Here ENVIRONMENTAL PROTECTIONS.
are the facts. "These agreements contain strict new environmental safeguards
FACT:THE AGREEMENTS INCREASE STATE for tribal gaming projects, includingprovisions that mirror the
OVERSIGHT AUTHORITY. California Environmental Quality Act." Linda Adams,
"These agreements contain tough fiscal safeguards—including Secretary,California Environmental Protection Agency
audits ofgaming revenues by state regulators.Props.94-97 FACT: BILLIONS WILL GO TO PUBLIC SERVICES,
will provide our state with hundreds of millions each year in INCLUDING EDUCATION.
essential new revenues."—Alan Wayne Barcelona, President, "Voting YES provides California with billions available
California Statewide Law Enforcement Association for education, children's health,and many other state
FACT: GAMING UNDER THESE AGREEMENTS services. Voting NO would take away billions, making our
IS LIMITED TO FOUR EXISTING INDIAN budget problems worse."—Jack O'Connell,California
RESERVATIONS. Superintendent of Public Instruction
`Props. 94-97 simplyallow four tribes in Riverside County YES on 94, 95,96,and 97,.
and San Diego County to have a limited number ofadditional
slot machines in gaming facilities on their existing lands." LINDA ADAMS,Secretary
—Carole Goldberg,Professor of Law and Native American California Environmental Protection Agency
Studies CHIEF GENE GANTT,Legislative Director
FACT:THE AGREEMENTS BENEFIT TRIBES California Fire Chiefs Association
ACROSS CALIFORNIA. ALAN WAYNE BARCELONA,President
"The agreements will provide important revenues'to tribes California Statewide Law Enforcement Association
Arguments printed on this page are the opinions of the authors and have not been checked for accuracy by any official agency. Arguments 1 27
PROPOSITION REFERENDUM ON AMENDMENT
96 TO INDIAN GAMING COMPACT.
OFFICIAL TITLE AND SUMMARY PREPARED BY THE ATTORNEY GENERAL
REFERENDUM ON AMENDMENT TO INDIAN GAMING COMPACT.
' • A "Yes" vote approves and a"No"vote rejects, a law that:
• Ratifies amendment to existing gaming compact between state and Sycuan Band of the
Kumeyaay Nation; amendment would permit tribe to operate 3,000 additional slot machines;
• Omits certain projects from scope of California Environmental Quality Act; amendment
provides for Tribal Environmental impact Report and intergovernmental procedure to address
environmental impact;
• Specifies where revenue paid by tribe pursuant to amendment deposited; amendment requires
tribe to make $20,000,000 annual payment and pay percentage of revenue generated from
the additional slot machines to the state.
SUMMARY OF LEGISLATIVE ANALYST'S ESTIMATE OF NET STATE AND LOCAL GOVERNMENT FISCAL IMPACT:
• Net increase in annual state government revenues probably in the tens of millions of dollars,
growing over time through 2030.
• For local governments in San Diego County, potential net increase of revenues due to economic
growth and potential increased payments from the tribe to offset higher costs.
ANALYSIS BY THE LEGISLATIVE ANALYST
BACKGROUND compacts in recent years. However, for most of
This measure relates to the gambling the 58 tribes—including,the Sycuan tribe—the
operations of the Sycuan Band of the Kumeyaay 1999 compacts remain in effect today.
Nation, a tribe based near El Cajon in San Diego
County..
Figure 1
Existing Tribal-State Compact Locations of Tribes Affected by February 2008 Propositions
1999 Compact With the Sycuan Tribe.
The State Constitution allows the Governor to
negotiate agreements—known as compacts—
with Indian tribes.A compact authorizes a tribe Riverside
to operate casinos with certain slot machines
and card games. The Constitution gives the 15 ,
Legislature the power to accept or reject
compacts. In 1999, the Governor and 58 tribes, 5
includingthe Sycuan tribe, reached agreements d y g E sycuan Casino
on casino compacts (known as the "1999 (Proposition 96)
compacts"), and the Legislature passed a law ♦Casinos of tribes
affected by
approving them. The U.S. government—which Propositions 94,
reviews all compacts under federal law—then San Die a 95,and 97
gave the final approval to these compacts.All a Map
Not
OScale
of the 1999 compacts contain similar provisions
giving tribes exclusive rights to operate certain
gambling activities in California. Several tribes
have negotiated amendments to their 1999
PROP REFERENDUM ON AMENDMENT
TO INDIAN GAMING COMPACT.
96
ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED
Sycuan Tribe's Casino Has About 2,000 Slot state government—the California Gambling
Machines. The Sycuan tribe's lands are in San Control Commission and the Department of
Diego County about 25 miles east of downtown Justice—perform the regulatory duties described
San Diego: The location of the tribe's casino is in the compacts. Most of the information and .
shown in Figure 1. The Sycuan tribe's casino documents received by the state is required to be
facility includes'about 2,000 Nevada-style kept confidential.
slot machines, the maximum allowed under Requirements to Address Environmental
the tribe's 1999 compact. In addition, the tribe Impacts of Casinos. The California
currently operates a few hundred,other machines Environmental Quality Ace(CEQA) requires
(such as bingo-style machines) which are not state and local governments to review significant
governed by compacts. negative environmental impacts of many projects
Sycuan Tribe Now Pays About$5 Million that they fund or allow to be built. Under CEQA,
Per Year to the State. Under federal law, tribes there is a process to see that these negative
do not pay most state and local taxes. Under the impacts are reduced or avoided where feasible.
1999 compacts, however, the Sycuan tribe and Currently, neither the state nor a tribe is subject
other tribes agreed to make annual payments to to CEQNs requirements when a casino is
two state government funds. built. Casino projects, however, may affect the
• Revenue Sharing Trust Fund(RSTF). A environment both on tribal lands and outside of
tribe's payments to the RSTF are based on tribal lands. Under the 1999 compacts, when
a portion of the slot machines it operates. tribes build, expand, or renovate casinos, they
Currently, the Sycuan tribe pays about must prepare a report on the significant negative
$2.3 million pet year to this fund. The state environmental impacts of the project and offer
distributes $1.1 million per year from the the public a chance to comment.They must also
RSTF to each of the 71 federally recognized make a"good faith effort"to reduce or avoid
Indian tribes in California that have no those impacts outside of their reservations.
casino or a small casino (less than.350 slot Union Status of Casino Employees. Under,
machines). the 1999 compacts, tribes agreed to certain
• Special Distribution Fund(SDF). A tribe's requirements in the area of labor relations.
payments to the SDF are based on the Unions that want to organize employees of
revenue of its slot machines and the number casinos must be given access to the employees.
of the machines that the tribe operated on Both the tribe and the union can express
September 1, 1999. Currently, the Sycuan their opinions so long as they do not threaten
tribe pays around $2.6 million per year to employees, use f6rce against them, or promise
this fund. (Annual revenues to the fund benefits. Before a union can represent employees
have been about $130 million.)The state in negotiations with the tribe, it must win a
spends moneys from the SDF for purposes secret ballot election of the employees. (A few
related to casino compacts, such as: (1) later compacts have a different process for
covering shortfalls in the RSTF, (2) funding determining union representation.)No union
programs that assist people with gambling currently represents the Sycuan tribe's casino
problems, (3)paying costs of state agencies employees.
that regulate tribal casinos, and(4)making Current Compact Expires in 2020. The
grants to local governments affected by tribal 1999 compact with the Sycuan tribe expires on
casinos: December 31, 2020.
State Regulates Certain Casino Activities Recent Agreements and Legislation
and Payments. The 1999 compacts give the
state certain powers to regulate tribal casinos. Governor and Tribe Negotiated Compact
State officials may visit casino facilities, Amendment in 2006. In August 2006, the
inspect casino records, and verify required Governor and the Sycuan tribe reached an
payments under the compacts. Two entities in agreement to change the tribe's 1999 compact.
For text of Proposition 96, see page 45. Analysis 1 29
PROP REFERENDUM ON AMENDMENT
96 TO INDIAN GAMING COMPACT.
ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED
(This proposed agreement is called the "compact and MOA can take effect only if this proposition
amendment")The compact amendment would is approved by voters.
allow the tribe to expand its gambling operations
• significantly. It would also require the tribe, PROPOSAL
• among other things, to pay more money to the If approved, this proposition allows SB 175,
state. In June 2007, the Governor and the tribe the compact amendment, and the MOA with the
also signed a memorandum of agreement (MOA) Sycuan tribe to go into effect, subject to approval
to take effect at the same time as the compact by the U.S. Department of the Interior. Major
amendment.The MOA addresses various casino provisions of these agreements are summarized
operational issues. in Figure 2 and in the analysis below. If this
Legislature Passed Bills Related to the proposition is rejected, the tribe could continue
CompactAmendment in 2007. In June 2007, to operate its casino under the 1999 compact.
the Legislature passed Senate Bill 175, which Compact Amendment
approves the compact amendment with the ••
Sycuan tribe. The Legislature also passed a bill Number of Nevada-Style Slot Machines
approving MOAs with the Sycuan tribe and three Could Increase. The compact amendment allows
other tribes. The Governor signed the bills in the Sycuan tribe to operate up to 5,000 Nevada-
July 2007. style slot machines at its casinos—up from 2,000
CompactApproval Measure Put on Hold under the 1999 compact.
by This Referendum. The bill approving the Eligible Locations for Casino Facilities.
compact amendment with the Sycuan tribe Under both the 1999 compact and the
would have taken effect on January 1, 2008. proposed compact amendment, the Sycuan
However, this proposition, a referendum on SB tribe may operate up to two casinos within the
175, qualified for the ballot.As a result, SB 175 boundaries of its tribal lands. Under the compact
was put"on hold," and the compact amendment amendment, these boundaries may be adjusted in
Figure 2
Key Facts About Current and Proposed Compacts With Sycuan Tribe
r��•> es�,.89 4 :. ,oeP• � o,e o 6s �o
Casinos allowed on tribal 2 2
lands in San Diego County
Nevada-style slot machines allowed 2,000 5,000
Payments to the state Currently,around$5 million per year to At least$23 million per year.More
two state funds.No payments to payments when the tribe expands its
the state General Fund. casino operations.Nearly all of the
money would go to the General Fund.
Environmental impacts and • Tribe must make good faith effort Before commencing specified casino
increased costs of local to reduce or avoid significant projects,tribe and county and/or city
services negative environmental impacts off would either:
of tribal lands. Enter into enforceable agreement
• State uses funds paid by tribes to to reduce or avoid significant
make grants to local governments. environmental impacts and to pay
for increased public service costs,
or
• Go to arbitration to settle
disagreements on these issues.
Expiration date December 31,2020 December 31,2030
PROP REFERENDUM ON AMENDMENT
TO INDIAN GAMING COMPACT.
96
ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED
the future to include 1,600 acres adjacent to the would have to begin negotiating enforceable
tribe's reservation. agreements to address these impacts with
Increase in Payments to the State. Under (1) San Diego County and(2) any city that
the compact amendment the Sycuan tribe's includes or is located within one-quarter mile
payments to the state would increase significantly. of a proposed facility. Under these agreements,
Its payments to the RSTF would increase to $3 significant environmental impacts outside of the
million per year—up from the current annual level reservation must be reduced or avoided, where
of about $2.3 million.The tribe's annual payments feasible. The agreements also must provide
to the SDF--currently around$2.6 million— for local governments to receive "reasonable
would end. For the first time, however, the tribe compensation" for increased public service
would make payments to the General Fund, the costs due to the casino, such as costs of public
state's main operating account. (The General safety and gambling addiction programs. The
Fund receives about $100 billion each year from tribe, county, or city can demand binding
all sources, and its funds can be used by the arbitration in cases where the parties cannot
Legislature for any purpose.)The Sycuan tribe's come to an agreement. When an arbitrator
annual payment to the General Fund would total at reaches a decision, it would become part of the
least$20 million under the compact amendment. required agreements with the local governments
In addition to this minimum payment, the tribe described above.
would pay to the General Fund an annual amount Other Provisions. The compact amendment
equal to 15 percent of the net revenues of the slot includes numerous other provisions concerning
machines it adds to its casinos after the compact casino operations.Any parts of the 1999
amendment takes effect. (In general terms, a slot compact that are unchanged by the amendment
machine's net revenue is the amount of money that (such as the requirements in the area of labor
gamblers put in the slot machine minus the money relations) would remain in effect.
paid out as prizes from the machine.) Extends Expiration Date to 2030. The
Covering Shortfalls in the RSTF. The compact amendment would extend the tribe's
compact amendment requires the state to use compact by ten years—, to December 31, 2030.
a part of the tribe's payments to the General
Fund if they are needed to cover shortfalls in the Memorandum of Agreement
RSTF—the state fund that gives each tribe with Various Aspects of Casino Operations
no casino or a small casino $1.1 million each Addressed. The MOA establishes certain
year. requirements for the tribe's casino operations,
Tribal Payments to State May Decline including:
in Certain Instances. Under the compact • Independent Audits Required to Be Given
amendment, if the state allows a nontribal entity to the State. The 1999 compact requires
to operate slot machines in nearby areas, the tribes to have an independent accountant
tribe's required payments to the state would be audit casino operations each year. The MOA,
significantly reduced or eliminated. includes an explicit requirement for the
. Addressing Environmental Impacts and tribe to provide a copy of this audit to state
Increased Costs of Local Services. The compact regulators on a confidential basis.
amendment expands requirements in the • Casino Operating Guidelines. The MOA
1999 compact for the Sycuan tribe to address requires the Sycuan tribe to maintain
significant environmental impacts of its casinos certain minimum internal contlol standards
that occur outside of the tribe's reservation. (MICS) at its casinos. The MICS are
Before the tribe builds or expands a casino, it operating guidelines that cover such things
would-be required to prepare a draft report on as individual games, customer credit, and
these impacts and offer the public a chance to . money handling. Recently, a court ruled that
comment. The tribe then would prepare a final a federal agency has no authority to regulate
report on environmental impacts—including certain MICS at tribal casinos. The MOA
responses to public comments. Next, the tribe gives state regulators the ability to enforce
For text of Proposition 96, see page 45. Analysis 1 31
PROP REFERENDUM ON AMENDMENT
TO INDIAN GAMING COMPACT.
96
ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED
the Sycuan tribe's compliance with MICS The extent to which Californians redirect
so long as the federal agency lacks this spending from businesses on nontribal lands
authority. to businesses—including gambling--on tribal
• • Problem Gambling Provisions. The MOA lands.
• requires the tribe to take several actions to • The way that tribes, state regulators,the
identify and assist problem gamblers. federal government, and the courts interpret
• Child and Spousal Support Orders. Under the compact amendment and MOA.
the MOA, the tribe agrees to require its The major fiscal effects for the state and local
casino employees to comply with state court governments are discussed below. The nearby
.and agency orders to make payments for box discusses fiscal issues concerning the
child, family, and spousal support. other tribal casino measures on this ballot:
Propositions 94, 95, and 97.
FISCAL EFFECTS
The fiscal effects of the compact amendment State and Local Governments
and MOA on the state and local governments Increased Payments to the State. Under the
would depend on several factors, including: " compact amendment, the Sycuan tribe's
• The extent to which the tribe expands its payments to the state would increase
casino operations. significantly. Currently, the Sycuan tribe pays
around $5 million per year to two state funds.
• The success of the tribe in-(1) attracting Under the compact amendment, the tribe's
more out-of-state visitors and(2) getting payments to the state would total at least $23
Californians to spend more of their million per year. If the tribe significantly
"gambling dollars" within the state instead of expands the number of slot machines at its
in Nevada or elsewhere out of state. casinos, its annual payments to the state
• General trends in the California casino eventually would increase by tens of millions of
industry. dollars.This could result in a total payment of
Other Tribal Casino Measures on the Ballot
Four Compact Amendments Are on This Ballot. Three other tribes' compact amendments are
addressed in Propositions 94, 95,and 97.The locations of the tribes' casinos are shown in Figure 1.
The Four Measures Would Expand the Industry Significantly. If voters approve all four of
the propositions,California's casino industry—currently with over 60,000 slot machines at about
58 facilities—probably would expand significantly.Combined,the four measures would allow four
Southern California tribes to expand their casinos with up to 17,000 new slot machines. Other tribes
also are planning casino expansions.
State Government Fiscal Effects. If voters approve the four propositions,overall annual payments
from the four tribes to the state would total at least$131 million. As these tribes expand their casinos,
they would make additional payments to the state's General Fund. There would be reductions in other
state revenues partially offsetting these increased payments. Our best estimate is that annual state
revenues over the next few years would increase by a net amount of less than$200 million.Over the
longer run,the net annual increase could be in.the low to mid hundreds of millions of dollars,lasting
until 2030.
Local Government Fiscal Effects. If voters approve the four propositions,there could be the
following primary fiscal effects on local governments:
• Economic Activity. There could be a significant.net increase in economic activity affecting
Riverside County(where three of the four tribes are located)and cities near some of the
tribes' casinos.
• Tribal Payments. Local governments in Riverside County and San Diego County could
receive increased payments from the tribes to offset all or a portion'of higher service costs.
32 Analysis
PROP REFERENDUM ON AMENDMENT
TO INDIAN GAMING.COMPACT.
96
ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED
well over$50 million annually by 2030.Virtually While these revenue decreases are difficult to
all of the new payments would go to the state's estimate, the combined impact would probably
_General Fund. be in the low tens of millions of dollars annually.
Decreases in Other State and Local San Diego County
Revenues. The compact amendment would result
in reductions of other revenues received by the Local Economic Effects. Under the compact
state and local governments: amendment,the Sycuan tribe may expand its
casino operations significantly on its lands
• Effects on Taxable Economic Activity. As near El Cajon in San Diego County. The tribe's
tribal gambling expands, Californians would expanded customer base would include people
spend more of their income at tribal facilities, coming to San Diego County from other counties
which are exempt-from most types of state or outside the state to-gamble and purchase
and local taxes.This means Californians goods and services.This spending would occur
would spend less at other businesses that both on tribal lands and in surrounding areas.As
are subject to state and local taxes—for a result, local governments in San Diego County
example, hotel,restaurant, and entertainment would likely experience net growth in revenues
businesses off of tribal lands. This would � from increased economic activity. The amount of
result in reduced tax revenues for the state this growth is unknown.
and local governments.
• Reduced Gambling-Related Revenues. The Increased Payments to Cover Higher Costs
state and local governments currently receive of Local Services. As casinos expand,'
revenues from other forms of gambling— surrounding local governments often experience
such as the California Lottery, horse racing, higher costs to provide services, such as for
and card rooms. Expanded gambling on public safety, traffic control, and gambling
tribal lands could reduce these other source addiction programs. In certain instances under
s the compact amendment, the tribe would be
of state and local revenues. In addition, as the required to negotiate with San Diego County
. Sycuan tribe expands its casino operations, it and any affected city government to pay for the
may attract customers who otherwise would higher costs of local services and significant
go to the casinos of other California tribes. If environmental impacts.
this occurs, these other tribes would receive
fewer revenues from their casinos and could Summary of Fiscal Effects
pay less to the state under the terms of their Currently, the Sycuan tribe pays the state
compacts. about $5 million per year. If voters approve this
• Less Money in the SDF. If voters approve proposition and the Sycuan tribe expands its
this proposition,the Sycuan tribe would gambling operations significantly, the tribe's
stop making payments to the SDF. (Other annual payments to the state could increase by
propositions on this ballot also would reduce tens of millions of dollars, potentially resulting
payments to the SDF.)Under current law, in total payments to the state of well over$50
the first priority use of money in the SDF is million annually by 2030. Reductions in taxable
to cover shortfalls in the RSTF so that tribes economic activity, other gambling-related
with no casino or a small casino receive a revenues, and the tribe's,payments to the SDF
$1.1 .million annual payment. If there is still would partially offset these increased payments.
not enough money to cover RSTF shortfalls, In total, annual state revenues probably would
the compact amendment requires the state to increase by a net amount of tens of millions of
use a part of the Sycuan tribe's payment to dollars, growing over time through 2030.
the General Fund to make up the difference. For local governments in San Diego County,
In addition, other programs (such as grants to there would likely be a net increase of revenues
local governments) funded by the SDF might due to economic growth, and there could be
need to be reduced and/or paid for from the, increased payments from the tribe to offset
General Fund. higher service costs.
For text of Proposition 96, seepage 45. Analysis �, 33
PROP REFERENDUM ON AMENDMENT
96 TO INDIAN GAMING COMPACT.
ARGUMENT , I ' OF PROPOSITION ' .
PROTECT HUNDREDS OF MILLIONS OF DOLLARS San Diego Counties. In return, the tribes will pay increased
EACH YEAR IN OUR STATE BUDGET BY VOTING YES revenues from these machines to the state to support services
ONPROPS. 94,95,96,AND 97. in communities statewide.
Under new Indian Gaming Revenue Agreements VOTING YES AUTHORIZES NEW PROTECTIONS FOR
•• negotiated by the Governor and approved by bipartisan THE ENVIRONMENT, CASINO EMPLOYEES,AND
majorities of the Legislature,the Sycuan Band of the Kumeyaay LOCAL COMMUNITIES.
Nation and three other Southern California tribes will pay a Key provisions in the agreements include: •Increased
much higher percentage of their gaming revenues to the state. state regulatory oversight through audits and random
At a time when California faces a budget crisis,these inspections. •Strict new environmental standards for
agreements will provide hundreds of millions of dollars in casino-related projects. • Binding mitigation agreements that
new revenues each year—billions in the years ahead to help increase coordination between tribes and local governments,
pay for public safety,education,and other services. including compensation for law enforcement and fire
Your YES vote on Props. 94 through 97 preserves these services. •Increased protections for casino workers,including
agreements and protects the new revenues they provide. the right to unionize.
Voting NO would undo the agreements and force our state VOTING YES BENEFITS CALIFORNIA TRIBES AND
to lose billions. OUR ECONOMY.
A YES VOTE IS ENDORSED BYA BROAD COALITION, The agreements will create thousands of new jobs for
including: •California Fire Chiefs Association • California Indians and non-Indians.
Statewide Law Enforcement Association • California Also, under the new agreements, these tribes will share tens
Association for Local Economic Development•Peace of millions of dollars from their revenues with tribes that
Officers Research Association of California,representing have little or no gaming.
60,000 police and sheriff officers• Congress of California "Tribes throughout California support these agreements. They
Seniors •California Indian Tribes provide the state with much-needed new revenues and provide
OUR STATE FACES BUDGET CRISIS— YES smaller, non gaming tribes with funding to help our people
PROTECTS FUNDING FOR VITAL STATE SERVICES. become self-reliant and to fund healthcare, education, and other
California faces mounting budget deficits.These services on our reservations."—chairman Raymond Torres,
agreements won't solve our budget problems,but they Torres-Martinez Desert Cahuilla Indians
provide vitally needed'help. PROTECT OUR STATE BUDGET. PROTECT
The last thing we need is to cancel these new agreements CALIFORNIA TAXPAYERS.PROTECT VITAL SERVICES.
and put our state billions of dollars further in the hole. VOTE YES on 94, 95,96,and 97.
'M ting YES protects billions in new revenues to fund public www.YTS/brCalifornia.com
safety, education,and other vital services."—Sheldon Gilbert,
President, California Fire Chiefs Association GOVERNOR ARNOLD SCHWARZENEGGER
VOTING YES KEEPS GAMING ON EXISTING TRIBAL JACK O'CONNELL,California Superintendent
LANDS IN SOUTHERN CALIFORNIA—WHILE of Public Instruction
PROVIDING BENEFITS TO OUR ENTIRE STATE. CHIEF GENE GANTT,Legislative Director
Props. 94 through 97 will allow the tribes to add slot California Fire Chiefs Association
machines on their existing tribal lands in Riverside and
REBUTTAL TO ARGUMENT IN FAVOR OF PROPOSITION 96
The bottom line:The Big 4 gambling deals failed to include deals do not,at great expense to taxpayers. University
the accountability necessary to make good on their promises. professors studied one of the Big 4 tribes and found more
Other tribal-state compacts require easily verified,per than half of the children of their casino workers were forced
slot machine payments to the state,but the Big 4 politically to rely on taxpayer-funded health care.That's unacceptable.
powerful tribes get to pick and choose which slot machines These are terrible deals for California.They promise 4
to count. It's a revenue formula ripe for manipulation. wealthy tribes billions in profits,while shortchanging casino
"They allow the tribes themselves—instead of an independent workers,'our schools,our police and fire departments,other
auditor—to determine the amount of net winnings that would tribes,and our environment.
be subject to revenue sharing with the state."—San Francisco This is too low a standard to set for future tribal-state
Chronicle compacts. Let's force the Legislature to do better.Vote NO
Even the independent Legislative Analyst has called their on 94, 95,96,97.
revenue promises unrealistic.
And the problems don't stop there. . . JOHN F.HANLEY,Fire Captain
Other compacts require slot machines be located on Fire Fighters Local 798
reservation lands. Proposition 96 gives Sycuan state DOLORES HUERTA, Co-Founder
permission to operate slots on land not currently part of their United Farm Workers
reservation. MAURY HANNIGAN,Former Commissioner and
Other compacts make it easier for casino workers to get Chief Executive Officer
decent wages and affordable health insurance.The Big 4 California Highway Patrol
i e „. Aro ~c arinted nn thir nave are the opinions ofthe authors and have not been checked for accuracy by any official aeenry.
PROP REFERENDUM ON AMENDMENT
96
TO INDIAN GAMING COMPACT.
ARGUMENT AGAINST PROPOSITION 96
It's amazing what millions of dollars in political In short:The deals let the Big 4 tribes off the hook for fair
•contributions can get you in Sacramento these days.Just revenue sharing with taxpayers.
ask four of the wealthiest and most powerful tribes in the Why do they promise more education revenues when
state—Pechanga,Morongo, Sycuan,and Agua Caliente. NOT ONE PENNY OF IT IS GUARANTEED TO OUR
After wining and dining the Legislature, the Big 4 tribes' SCHOOLS?That's what the California Federation of '•
cut a deal for ONE OF THE LARGEST EXPANSIONS OF Teachers would like to know.They're opposed to these deals.
CASINO GAMBLING IN U.S. HISTORY—far beyond the Why do labor unions oppose the Big 4 deals?The deals
modest increase voters were promised.16a sweetheart deal would shower 4 wealthy tribes with billions in profits,but
for the Big 4 tribes, but a raw deal for other tribes, taxpayers, FAIL TO ENSURE THE MOST BASIC RIGHTS FOR
workers, and the environment. CASINO WORKERS,INCLUDING AFFORDABLE
Fortunately, nearly 3 million referendum signatures were HEALTH INSURANCE.
submitted to demand the opportunity voters now have to Why didn't the Big,4 deals in strict environmental
OVERTURN THESE LEGISLATIVE GIVEAWAYS. protections?Unlike previous compacts with other tribes,
We urge you to take advantage of this hard fought the BIG 4 DEALS FAILED TO INCLUDE LANGUAGE
opportunity to VOTE NO on 94,95, 96,and 97.Ask the THAT TRULY MIRRORS THE CALIFORNIA
tough questions and get the facts. ENVIRONMENTAL QUALITY ACT to give citizens a
How much gambling expansion are we talking about?Add up meaningful voice on casino,expansion projects that threaten
all the slot machines at a dozen big Vegas casinos,including our environment.
the Bellagio,MGM Grand,Mirage,and Mandalay Bay,and The Big 4 tribes went to great expense to try to prevent
they still wouldn't total the 17,000 additional slot machines you from having a say on their deals.That's because they
these deals authorize.Sycuan could more than double their know that their UNFAIR,POLITICAL'DEALS will not
current 2,000 maximum number of slot machines to 5,000. stand up to voter scrutiny.
California would become home to some of the largest casinos Join public safety officials,educators,tribes, taxpayers,
in the-world. labor unions,senior groups,civil rights and environmental
Why do other tribes oppose these deals?Just 4 of California's organizations,and VOTE NO on 94,95,96,and 97.-Force
108 tribes would get UNFAIR CONTROL OVER ONE- them back to the drawing board to come up with a better plan
THIRD OF THE STATE'S INDIAN GAMING PIE, that's fair to other tribes, taxpayers, and workers.
with dominant casinos that could ECONOMICALLY
DEVASTATE SMALLER TRIBES. MARTY HITTELMAN,President
Who would calculate how much revenue goes to the state? California Federation of Teachers
The Big 4 tribes themselves.The deals include an EASILY JOHN A.GOMEZ,JR.,President
MANIPULATED REVENUE SHARING FORMULA that American Indian Rights and Resources Organization
lets THE BIG 4 DECIDE WHICH SLOT MACHINES ` LENNY GOLDBERG,Executive Director
TO COUNT AND HOW MUCH TO PAY THE STATE. California Tax Reform Association
REBUTTAL TO ARGUMENT AGAINST PROPOSITION 96
The campaign against the Indian Gaming Revenue with little or no gaming."--Chairwoman Lynn Valbuena,
Agreements (Props. 94, 95,96,97) is funded and led by a Tribal Alliance of Sovereign Indian Nations
Las Vegas casino owner and a few gambling interests that FACT:THE AGREEMENTS INCREASE
don't want competition.They are making false claims. Here ENVIRONMENTAL PROTECTIONS.
are the facts. "These agreements contain strict new environmental safeguards
FACT:THE AGREEMENTS INCREASE STATE for tribalgaming projects, including provisions that mirror the
OVERSIGHT AUTHORITY. California Environmental Quality Act.'—Linda Adams,
"These agreements contain tough fiscal safeguards—including Secretary, California Environmental Protection Agency
audits ofgarving revenues by state regulators. Props. 94-97 FACT: BILLIONS WILL GO TO PUBLIC SERVICES,
will provide our state with hundreds of millions each year in INCLUDING EDUCATION.
essential new revenues."—Alan Wayne Barcelona, President, "Voting YES provides California with billions available
California Statewide Law Enforcement Association for education, children's health, and many other state
FACT. GAMING UNDER THESE AGREEMENTS services. Voting NO would take away billions, making our
IS LIMITED TO FOUR EXISTING INDIAN budget problems worse."—Jack O'Connell, California
RESERVATIONS. Superintendent of Public Instruction
"Props. 94-97 simply allow four tribes in Riverside County YES on 94, 95,96,and 97.
and San Diego County to have a limited number ofadditional
slot machines in gaming facilities on their existing lands." LINDA ADAMS,Secretary
—Carole Goldberg,Professor of Law and Native American. California Environmental Protection Agency
Studies CHIEF GENE GANTT,Legislative Director
FACT:THE AGREEMENTS BENEFIT TRIBES California Fire Chiefs Association
ACROSS CALIFORNIA. ALAN WAYNE BARCELONA,President
"The agreements will provide important revenues to tribes California Statewide Law Enforcement Association
Arguments printed on this page are the opinions of the authors and have not been checked for accuracy by any official agency. Arguments 35
PROPOSITION REFERENDUM ON AMENDMENT '
97 TO INDIAN GAMING COMPACT.
OFFICIAL TITLE AND SUMMARY PREPARED BY THE ATTORNEY GENERAL
REFERENDUM ON AMENDMENT TO INDIAN GAMING COMPACT.
A"Yes" vote approves, and a"No"vote rejects, a law that:
• Ratifies amendment to existing gaming compact between the state and Agua Caliente Band of
Cahuilla Indians; amendment would permit tribe to operate 3,000 additional slot machines;
• Omits certain projects from scope of California Environmental Quality Act; amendment
provides for Tribal Environmental Impact Report and intergovernmental procedure to address
environmental impact; '
• Revenue paid by tribe to be deposited in General Fund; tribe would make $23,400,000 annual
payment and pay percentage of revenue generated from the additional slot machines to the state.
SUMMARY OF LEGISLATIVE ANALYST'S ESTIMATE OF NET STATE AND LOCAL GOVERNMENT FISCAL IMPACT.
• Net increase in annual state government revenues probably in the tens of millions of dollars,
growing over time through 2030.
• For local governments in Riverside County, potential net increase of revenues due to economic
growth and potential increased payments from the tribe to offset higher costs.
ANALYSIS BY THE LEGISLATIVE ANALYST
BACKGROUND including the Agua Caliente tribe—the 1999
This measure relates to the gambling compacts remain in effect today.
operations of the Agua Caliente Band of Cahuilla Agua Caliente Tribe's Casinos Have About
Indians, a tribe based in Palm Springs in 2,000 Slot Machines. The Agua Caliente tribe's
Riverside County. lands include parts of the Cities of Palm Springs,
Rancho Mirage, and Cathedral City, as well as
Existing Tribal-State Compact
1999 Compact With theAgua Caliente Tribe. Figure 1
The State Constitution allows the Governor to Locations of Tribes Affected by February 200E Propositions
negotiate agreements—known as compacts—
with Indian tribes. A compact authorizes a tribe
to operate casinos with certain slot machines
and card games.The Constitution gives the Riverside
Legislature the power to accept or reject
compacts. In 1999, the Governor and 58 tribes, 15 ,
including the Agua Caliente tribe, reached 1ene
agreements on casino compacts (known as the 5
"1999 compacts"), and the Legislature passed 0 Agua Caliente
a law approving them. The U.S. t— Tribe's casinos
pprov g g overnmen (Proposition 97)
which reviews all compacts under federal Casinos of tribes
affected by
law—then gave the final approval to these Propositions 94,
compacts.All of the 1999 compacts contain San Die a 95,and 96
similar provisions giving tribes exclusive Map Not to scale
rights to operate certain gambling activities
in California. Several tribes have negotiated
amendments to their 1999 compacts in recent
years. However, for most of the 58 tribes-
36 1 Title and Summary /Analysis
PROP REFERENDUM ON AMENDMENT
TO INDIAN GAMING COMPACT.
97
ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED
unincorporated parts of Riverside County near Justice—perform the regulatory duties described
Palm Springs.As shown in Figure 1,the Agua in the compacts. Most of the information and
Caliente tribe owns two casinos. The Agua documents received by the state is required to be
Caliente Casino is located near Rancho Mirage, kept confidential.
and the Spa Resort Casino is located in Palm
Springs. Combined, the casinos have about Requirements to Address Environmental
2,000 Nevada-style slot machines, the maximum Impacts of Casinos. The California
allowed under the tribe's 1999 compact. Environmental Quality Act(CEQA) requires
. Agua Caliente Tribe Now Pays About$13 state and local governments to review significant
Million Per Year to the State. Under federal negative environmental impacts of many projects
law, tribes do not pay most state and local taxes. that they fund or allow to be built. Under CEQA,
Under the 1999 compacts, however, the Agua there is a process to see that these negative
Caliente tribe and other tribes agreed to make impacts are reduced or avoided where feasible.
annual payments to two state government funds. Currently, neither the state nor a tribe is subject
to CEQNs requirements when a casino is
• Revenue Sharing Trust Fund(RSTF). A
built. Casino projects, however, may affect the
tribe's payments to the RSTF are based on
a environment both on tribal lands and outside
portion of the slot machines it operates.
of tribal lands. Under the 1
Currently,the Agua Caliente tribe pays over tribes
compacts, when
$500,000 per year to this fund. The state tribes build, expand, or renovate casinos, they
distributes $1.1 million per year from the must prepare a report on the significant negative
RSTF to each of the 71 federally recognized environmental impacts of the project and offer
the public a chance to comment. They must also
Indian tribes-in California that have no make a"good faith effort"to reduce or avoid
casino or a small casino (less than 350 slot those impacts outside of their reservations.
machines).
• Special Distribution Fund(SDF). A tribe's Union Status of Casino Employees. Under
payments to the SDF are based on the the 1999 compacts, tribes agreed to certain
revenue of its slot machines and the number requirements in the area of labor relations.
of the machines that the tribe operated on Unions that want to organize employees of
casinos must be given access to the employees.
September 1, 1999. Currently, the Agua
Caliente tribe pays around $12 million per Both the tribe and the union can express
year to this fund. (Annual revenues to the their opinions so long as they do not threaten
fund have been about $130 million.)The employees, use force against them, or promise
state spends moneys from the SDF for benefits. Before a union can represent employees
purposes related to casino compacts, such in negotiations with the tribe, it must win a
as: (1) covering shortfalls in the RSTF, (2) secret ballot election of the employees. (A few
funding programs that assist people with later compacts have a different process for
determining union representation.)No union
gambling problems, (3)paying costs of state currently represents the Agua Caliente tribe's
agencies that regulate tribal casinos, and (4) casino employees.
making grants to local governments affected
by tribal casinos. Current Compact Expires in 2020. The 1999
compact with the Agua Caliente tribe expires on
State Regulates Certain Casino Activities December 31, 2020.
and Payments. The 1999 compacts give the
state certain powers to regulate tribal casinos. Recent Agreements and Legislation
State officials may visit casino facilities, Governor and Tribe Negotiated Compact
inspect casino records, and verify required Amendment in 2006. In August 2006, the
payments under the compacts. Two entities in Governor and the Agua Caliente tribe reached an
state government—the California Gambling agreement to change the tribe's 1999 compact.
Control Commission and the Department of
For text of Proposition 97, see page 45. Analysis 1 37
PROP REFERENDUM ON AMENDMENT
97
TO INDIAN GAMING COMPACT.
ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED_
(This proposed agreement is called the "compact PROPOSAL
amendment.")The compact amendment would If approved, this proposition allows SB 957,
allow the tribe to expand its gambling operations the compact.amendment, and the MOA with the
significantly. It would also require the tribe, Agua Caliente tribe to go into effect, subject
among other things, to pay more money to the to approval by the U.S. Department of the
state. In June 2007, the Governor and the tribe •Interior. Major provisions of these agreements
also signed a memorandum of agreement (MOA) are summarized in Figure 2 and in the analysis
to take effect at the same time as the compact below. If this proposition is rejected, the tribe
• amendment.The MOA addresses various casino could continue to operate its casinos under the
operational issues. 1999 compact.
Legislature-Passed BillsRelated to the
Compact Amendment in 2007. In June 2007, Compact Amendment
the Legislature passed Senate Bill 957, which Tribe Would Own Up to Three Casinos. The
approves the compact amendment with the Agua compact amendment allows the Agua Caliente
Caliente tribe. The Legislature also passed a bill tribe to own up to three casinos on tribal lands—
approving MOAs with the Agua Caliente tribe up from the two casinos allowed under the 1999
and three other tribes.The Governor signed the compact.The compact amendment requires the
bills in July 2007. - tribe to demonstrate local support for a new
CompactApproval Measure Put on Hold casino prior to construction.
by This Referendum. The bill approving the Number of Nevada-Style Slot Machines
compact amendment with the Agua Caliente Could Increase. The compact amendment allows
tribe would have taken effect on.January 1, 2008. the Agua Caliente tribe to operate up to 5,000
However, this proposition, a referendum on SB Nevada-style slot machines at its casinos—up
957, qualified for the ballot.As a result, SB 957 from 2,000 under the 1999 compact. No more
was put"on hold," and the compact amendment than 2,000 machines could be located at any one
and MOA can take effect only if this proposition casino.
is approved by voters.
Figure 2
Key Facts About Current and Proposed Compacts With Agua Caliente Tribe
0
a
9 e o
Casinos allowed on tribal 2 3
lands in Riverside County
Nevada-style slot machines allowed 2,000 5,000
1
Payments to the state Currently,around$13 million per year to At least$25.4 million per year.More
two state funds.No payments to payments when the tribe expands its
the state General Fund. casino operations.Nearly all of the
money would go to the General Fund.
Environmental impacts and • Tribe must make good faith effort Before commencing specified casino
increased costs of local to reduce or avoid significant projects,tribe and county and/or city
services negative environmental impacts off would either:
of tribal lands. Enter into enforceable agreement
• State uses funds paid by tribes to to reduce or avoid significant
make grants to local governments. environmental impacts and to pay
for increased public service costs,
or
• Go to arbitration to settle
disagreements on these issues.
Expiration date December 31,2020 December 31,2030
20
R
PROP REFERENDUM ON AMENDMENT
97
TO INDIAN GAMING COMPACT.
ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED
Increase in Payments to the State. Under for local governments to receive "reasonable
the compact amendment, the Agua Caliente compensation" for increased public service costs
tribe's payments to the state would increase due to the casino, such as costs of public safety
significantly. Its payments to the RSTF would and gambling addiction programs. The tribe,
increase to $2 million per year—up from the county, or city can demand binding arbitration in
current annual level of over$500,000. The cases where the parties cannot come to an
tribe's annual payments to the SDF—currently agreement. When an arbitrator reaches a decision,
around $12 million—would end. For the first it would become part of the required agreements
time, however, the tribe would make payments with the local governments described above.
to the General Fund, the state's main operating Other Provisions.The compact amendment
account. (The General Fund receives about $100 includes numerous other provisions concerning
billion each year from all sources, and its funds casino operations.Any parts of the 1999 compact
can be used by the Legislature for any purpose.) that are unchanged by the amendment (such as
The Agua Caliente tribe's annual payment to the the requirements in the area of labor relations)
General Fund would total at least $23.4 million
under the compact amendment. In addition to would remain in effect.
this minimum payment, the tribe would pay Extends Expiration Date to 2030. The
to the General Fund an annual amount equal compact amendment would extend the tribe's
to 15 percent of the net revenues of the slot compact by ten years—to December 31, 2030.
machines it adds to its casinos after the compact
amendment takes effect. (In general terms, a slot Memorandum Of Agreement
machine's net revenue is the amount of money Various Aspects of Casino Operations
that gamblers put in the slot machine minus the Addressed.. The MOA establishes certain
money paid out as prizes from the machine.) requirements for the tribe's casino operations,
Tribal Payments to State May Decline in including:
Certain Instances. Under the compact • IndependentAudits Required to Be Given
amendment, if the state allows a nontribal entity to the State. The 1999 compact requires
to operate slot machines or certain card games tribes to have an independent accountant
in nearby areas, the tribe's required payments to audit casino operations each year. The MOA
the state would be significantly reduced or includes an explicit requirement for the
eliminated. tribe to provide a copy of this audit to state
Addressing Environmental Impacts and regulators on a confidential basis.
Increased Costs of Local Services. The compact • Casino Operating Guidelines. The MOA
amendment expands requirements in the 1999 requires the Agua Caliente tribe to maintain
compact for the Agua Caliente tribe to address certain minimum internal control standards
significant environmental impacts of its casinos (MICS) at its casinos. The MICS are
that occur outside of the tribe's reservation. Before operating guidelines that cover such things
the tribe builds or expands a casino, it would be as individual games, customer credit, and
required to prepare a draft report on these impacts money handling. Recently, a court ruled that
and offer the public a chance to comment. a federal agency has no authority to regulate
The tribe then would prepare a final report on certain MICS at tribal casinos.The MOA
environmental impacts—including responses to gives state regulators the ability to enforce
public comments. Next, the tribe would have to the Agua Caliente tribes compliance with
begin negotiating enforceable agreements to MICS so long as the federal agency lacks this
address these impacts with (1)Riverside authority.
County and(2) any city where the proposed • Problem Gambling Provisions. The MOA
facility is located. Under these agreements, requires the tribe to take several actions to
significant environmental impacts outside of the identify and assist problem gamblers.
reservation must be reduced or avoided,where • Child and Spousal Support Orders. Under
feasible.The agreements also must provide the MOA, the tribe agrees to require its
casino employees to comply with state court
For text of Proposition 97, see page 45. Analysis 1 39
PROP REFERENDUM ON AMENDMENT
97
TO INDIAN GAMING COMPACT. ,
ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED
and agency orders to make payments for the other tribal casino measures on this ballot:
child, family, and spousal support. Propositions 94, 95, and 96..
FISCAL EFFECTS State and Local Governments
The fiscal effects of the compact amendment Increased Payments to the State. Under
and MOA on the state and local governments the compact amendment, the Agua Caliente
would depend on several factors, including: tribe's payments to the state would increase
• • The extent to which the tribe expands its significantly. Currently, the Agua Caliente tribe
casino operations. pays around $13 million per year to two state
• The success of the tribe in (1) attracting funds. Under the compact amendment, the
more out-of-state visitors and(2) getting tribe's payments to the state would total at least
Californians to spend more of their $25.4 million per year. If the tribe significantly
"gambling dollars" within the state instead of expands the number of slot machines at its
in Nevada or elsewhere out of state. casinos, its annual payments to the state
-'General trends in the California casino eventually would increase by tens of millions of
industry. dollars. This could result in a total payment of
• The extent to which Californians redirect well over $50 million annually by 2030.Virtually
spending from businesses on nontribal lands all of the new payments would go to the state's
to businesses—including gambling--on General Fund.
tribal lands. Decreases in Other State and Local
• The way that tribes, state regulators, the Revenues. The compact amendment would result
federal government, and the courts interpret in reductions of other revenues received by the
the compact amendment and MOA. state and local governments:
The major fiscal effects for the state and • Effects on Taxable Economic Activity. As
local governments are discussed below.The tribal gambling expands, Californians would
nearby box discusses fiscal issues concerning spend more of their income at tribal facilities,
Other Tribal Casino Measures on the Ballot
Four Compact Amendments Are on This Ballot. Three other tribes' compact amendments are
addressed in Propositions 94,95, and 96. The locations of the tribes' casinos are shown in Figure 1.
The Four Measures Would Expand the Industry Significantly. If voters approve all four of
the propositions, California's casino industry—currently with over 60,000 slot machines at about
58 facilities—probably would expand significantly. Combined,the four measures would allow four
Southern California tribes to expand their casinos with up to 17,000 new slot machines. Other tribes
also are planning casino expansions.
State Government Fiscal Effects. If voters approve the four propositions, overall annual
payments from the four tribes to the state would total at least$131 million. As these tribes expand their
casinos,they would make additional payments to the state's General Fund. There would be reductions
in other state revenues partially offsetting these increased payments. Our best-estimate is that annual•
state revenues over the next few years would increase by a net amount of less than$200 million. Over
the longer run,the net annual.increase could be in the low to mid hundreds of millions of dollars,
lasting until 2030.
Local Government Fiscal Effects. If voters approve the four propositions,there could be the
following primary fiscal effects on local governments:
• Economic Activity. There could be a significant net increase in economic activity affecting
Riverside County(where three of the four tribes are located)and cities near some of the
tribes' casinos.
• Tribal Payments. Local governments in Riverside County and San Diego County could
receive increased payments from the tribes to offset all or a portion of higher service costs.
40 Analysis
PROP REFERENDUM ON AMENDMENT
TO INDIAN GAMING COMPACT.
97
ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED
which are exempt from most types of state coming to Riverside County from other counties
and local taxes. This means Californians or outside the state to gamble and purchase
would spend less at other businesses that goods and services. This spending would occur
are subject to-state and local taxes—for both on tribal lands and in surrounding areas.As
example, hotel, restaurant, and entertainment a result, local governments in Riverside County
businesses off of tribal lands. This would .would likely experience net growth in revenues
result in reduced tax revenues for the state from increased economic activity. The amount of
and local governments. this growth is unknown.
• Reduced Gambling-Related Revenues. The Increased Payments to Cover Higher
state and local governments currently receive Costs of Local Services. As casinos expand,
revenues from other forms of gambling— surrounding local governments often
such as the California Lottery, horse racing, experience higher costs to provide services,
and card rooms. Expanded gambling on such as for public safety, traffic control, and
tribal lands could reduce these other sources gambling addiction programs. In certain
of state and local revenues. In addition, as instances under the compact amendment,
the Agua Caliente tribe expands its casino the tribe would be*required to negotiate
operations, it may attract customers who with Riverside County and any affected city
otherwise would go to the casinos of other government to pay for the higher costs of local
California tribes. If this occurs, these other services and significant environmental impacts.
tribes would receive fewer revenues from
their casinos and could pay less to the state ' Summary of Fiscal Effects
under the terms of their compacts. Currently, the Agua Caliente tribe pays the
• Less Money in the SDF. If voters approve state about $13 million per year. If voters
this proposition, the Agua Caliente tribe approve this proposition and the Agua Caliente
would stop making payments to the SDF. tribe expands its gambling operations
(Other propositions on this ballot also would significantly, the tribe's annual payments to the
reduce payments to the SDF.) Some programs state could increase by tens of millions of
(such as grants to local governments) funded dollars,potentially resulting in total payments
by the SDF might need to be reduced and/or to the state of well over$50 million annually by
paid for from the General Fund. 2030. Reductions in taxable economic activity,
While these revenue decreases are difficult to other gambling-related revenues, and the tribe's
estimate, the combined impact would probably payments to the SDF would partially offsetthese increased payments. In total, ,annual state
be in the low tens of millions of dollars annually. revenues probably would increase by a net
Riverside County amount of tens of millions of dollars, growing
Local Economic Effects. Under the compact over time through 2030.
amendment, the Agua Caliente tribe may expand For local governments in Riverside County,
its casino operations significantly on its lands there would likely be a net increase of revenues
in or near Palm Springs, Rancho Mirage, or due to economic growth, and there could be
Cathedral City in Riverside County. The tribe's increased payments from the tribe to offset
expanded customer base would include people higher service costs.
For text of Proposition 97, see page 45. Analysis 41
PROP REFERENDUM ON AMENDMENT
9 TO INDIAN GAMING COMPACT.
ARGUMENT IN FAVOR OF PROPOSITION
PROTECTHUNDREDS OFMILLIONS OFDOLLARS San Diego Counties. In return, the tribes will pay increased
EACH YEAR IN OUR STATE BUDGET BYVOTING YES revenues from these machines to the state to support services
ON PROPS.94 95, 96,AND 97 in communities statewide.
Under new Indian Gaming Revenue Agreements VOTING YES AUTHORIZES NEW PROTECTIONS FOR
negotiated by the Governor and approved by bipartisan 'THE ENVIRONMENT, CASINO EMPLOYEES,AND
majorities of the Legislature,the Agua Caliente Band of Cahuilla LOCAL COMMUNITIES.
Indians and three other Southern California tribes will pay a Key provisions in the agreements include: • Increased
much higher percentage of their gaming revenues to the state. state regulatory oversight through audits and random
At a time when California faces a budget crisis, these inspections. •Strict new environmental standards for
agreements will provide hundreds of millions of dollars in casino-related projects. • Binding mitigation agreements that
new revenues each year—billions in the years ahead to help increase coordination between tribes and local governments,
pay for public safety,education,and other services. including compensation for law enforcement and fire
Your YES vote on Props.94 through 97 preserves these services. • Increased protections for casino workers,including
agreements and protects the new revenues they provide. the right to unionize.
Voting NO would undo the agreements and force our state VOTING YES BENEFITS CALIFORNIA TRIBES AND
to lose billions. OUR ECONOMY.
AYES VOTE IS ENDORSED BYA BROAD COALITION, The agreements will create thousands of new jobs for
including: •California Fire Chiefs Association•California Indians and non-Indians.
Statewide Law Enforcement Association•California Also,under the new agreements, these tribes will share tens
Association for Local Economic Development•Peace of millions of dollars from their revenues with tribes that
Officers Research Association of California, representing have little or no gaming.
60,000 police and sheriff officers•Congress of California "Tribes throughout California support these agreements. They
Seniors •California Indian Tribes provide the state with much-needed new revenues and provide
OUR STATE FACESA BUDGET CRISIS—VOTING YES smaller, non gaming tribes with funding to help our people
PROTECTS FUNDING FOR VITAL STATE SERVICES. become self-reliant and to fund healthcare, education, and other
California faces mounting budget deficits.These services on our reservations."—Chairman Raymond Torres,
agreements won't solve our budget problems,but they Torres-Martinez Desert Cahuilla Indians
provide vitally needed help. PROTECT OUR STATE BUDGET. PROTECT
The last thing we need is to cancel these new agreements CALIFORNIA TAXPAYERS.PROTECT VITAL SERVICES.
and put our state billions of dollars further in the hole. VOTE YES on 94,95, 96, and 97.
"Voting YES protects billions in new revenues to fund public www.YESforCalifornia.com
safety, education, and other vital services."-Sheldon Gilbert, GOVERNOR ARNOLD SCHWARZENEGGER
President,California Fire Chiefs Association
VOTING YES KEEPS GAMING ON EXISTING TRIBAL JACK O'CONNELL, California'Superintendent
LANDS IN SOUTHERN CALIFORNIA—WHILE of Public Instruction
PROVIDING BENEFITS TO OUR ENTIRE STATE. CHIEF GENE GANTT,Legislative Director
Props. 94 through 97 will allow the tribes to add slot California Fire Chiefs Association
machines on their existing tribal lands in Riverside and
REBUTTAL TO ARGUMENT IN FAVOR OF PROPOSITION 97
-The bottom line:The Big 4 gambling deals failed to include deals do not,at great expense to taxpayers. University
the accountability necessary to make good on their promises. professors studied one of the Big 4 tribes and found more
Other tribal-state compacts require easily verified,per than half of the children of their casino workers were forced
slot machine payments to the state,but the Big 4 politically to rely on taxpayer-funded health care.That's unacceptable.
powerful tribes get to pick and choose which slot machines These are terrible deals for California.They promise 4
to count. It's a revenue formula ripe for manipulation. wealthy tribes billions in profits,while shortchanging Casino
"They allow the tribes themselves—instead of an independent workers,our schools,our police and fire departments,other
auditor—to determine the amount of net winnings that would tribes,and our environment.
be subject to revenue sharing with the state."—San Francisco This is too low a standard to set for future tribal-state
Chronicle compacts. Let's force the Legislature to do better.Vote NO
Even the independent Legislative Analyst has called their on 94,95,96, 97.
revenue promises unrealistic.
And the problems don't stop there. . . JOHN F.HANLEY, Fire Captain
Other compacts give affected communities a 55-day final Fire Fighters Local 798
comment period to ensure the environmental impacts of DOLORES HUERTA,Co-Founder
proposed casino expansions have been addressed.The Big 4 United Farm Workers
deals do not. MAURY HANNIGAN,Former Commissioner and
Other compacts make it easier for casino workers-to get Chief Executive Officer
decent wages and affordable health insurance.The Big 4 California Highway Patrol
42 1 A rzu m e n is Arguments printed on this page are the opinions of the authors and have not been checked for accuracy by any official agency".
PROP REFERENDUM ON AMENDMENT
TO INDIAN GAMING COMPACT.
97
ARGUMENT AGAINST PROPOSITION
It's amazing what millions of dollars in political In short:The deals let the Big 4 off the hook for fair revenue
contributions can get you in Sacramento these days.Just sharing with taxpayers.
ask four of the wealthiest and most powerful tribes in the Why do they promise more education revenues when
state—Pechanga,Morongo, Sycuan,and Agua Caliente. NOT ONE PENNYIS GUARANTEED TO OUR
After wining and dining the Legislature,the Big 4 tribes SCHOOLS?That's what the California Federation of
cut a deal for ONE OF THE LARGEST EXPANSIONS OF Teachers would like to know.They're opposed to these deals.
CASINO GAMBLING IN U.S. HISTORY—far beyond Why do labor unions oppose the Big 4 deals?The deals
the modest increase voters were promised.A sweetheart deal would shower 4 wealthy tribes with billions in profits,but
for the Big 4 tribes, but a raw deal for other tribes, taxpayers, FAIL TO ENSURE THE MOST BASIC RIGHTS FOR
workers, and the environment. CASINO WORKERS, INCLUDING AFFORDABLE
Fortunately,nearly 3 million'referendum signatures were HEALTH INSURANCE.
submitted to demand the opportunity voters now have to Why didn't the Big 4 deals include strict environmental
OVERTURN THESE LEGISLATIVE GIVEAWAYS. protections?Unlike previous compacts with other tribes,
We urge you to take advantage of this hard fought the BIG 4 DEALS FAILED TO INCLUDE LANGUAGE
opportunity to VOTE NO on 94,95, 96,and 97.Ask the THAT TRULY MIRRORS THE CALIFORNIA
tough questions and get the facts. ENVIRONMENTAL QUALITY ACT to give citizens a
How much gambling expansion are we talking about?Add up meaningful voice on casino expansion projects that threaten
all the slot machines at a dozen big Vegas casinos,including our environment.
the Bellagio,MGM Grand,Mirage,and Mandalay Bay,and The Big 4 tribes went to great expense to try to prevent
they still wouldn't total the 17,000 additional slot machines you from having a say on their deals.That's because they
these deals authorize.Agua Caliente could have three casinos know that their UNFAIR,POLITICAL DEALS will not
and more than,double their current 2,000 maximum number stand up to voter scrutiny. ,
of slot machines to 5,000.California would become home to Join public safety officials,educators, tribes,taxpayers,
some of the largest casinos in the world. labor unions,senior groups,civil rights and environmental
Why do other tribes oppose.these deals?Just 4 of California's organizations,and VOTE NO on 94,95,96,and 97.Force
108 tribes would get UNFAIR CONTROL OVER ONE- them back to the drawing board to come up with a better plan
THIRD OF THE STATE'S INDIAN GAMING PIE, that's fair to other tribes, taxpayers, and workers.
with dominant casinos that could-ECONOMICALLY
DEVASTATE SMALLER TRIBES. MARTY HITTELMAN, President
Who would calculate how much revenue goes to the state? California Federation of Teachers
The Big 4 tribes.The deals include an EASILY JOHN A.GOMEZ,JR.,President
MANIPULATED REVENUE SHARING FORMULA that American Indian Rights and Resources Organization
lets THE BIG 4 DECIDE WHICH SLOT MACHINES LENNY GOLDBERG,Executive Director
TO COUNT AND HOW MUCH TO PAY THE STATE. California Tax Reform Association
REBUTTAL TO ARGUMENT AGAINST PROPOSITION
The campaign against the Indian Gaming Revenue with little or no gaming."—Chairwoman Lynn Valbuena,
Agreements(Props.94,95,96,97) is funded and led by a Tribal Alliance of Sovereign Indian Nations
Las Vegas casino owner and a few gambling interests that FACT.THE AGREEMENTS INCREASE
don't want competition.They are making false claims. Here ENVIRONMENTAL PROTECTIONS.
are the facts. "These agreements contain strict new environmental safeguards
FACT:THE AGREEMENTS INCREASE STATE for tribal gaming projects, including provisions that mirror the
OVERSIGHT AUTHORITY. California Environmental Quality Act."-Linda Adams,
"These agreements contain tough fiscal safeguards—including Secretary,California Environmental Protection Agency
audits ofgaming revenues by state regulators. Props. 94-97 FACT. BILLIONS WILL GO TO PUBLIC SERVICES,
will provide our state with hundreds of millions each year in INCLUDING EDUCATION.
essential new revenues."—Alan Wayne Barcelona, President, "Voting YES provides California with billions available
California Statewide Law Enforcement Association for education, children's health, and man other state
FACT:GAMING UNDER THESE AGREEMENTS services. Voting NO would take away billions, making our
IS LIMITED TO FOUR EXISTING INDIAN budget problems worse.—Jack O'Connell,California
RESERVATIONS. Superintendent of Public Instruction
`Props. 94-97 simply allow four tribes in Riverside County YES on 94, 95;96,and 97.
and San Diego County to have a limited number of additional
slot machines in gaming facilities on their existing lands." LINDA ADAMS,Secretary
—Carole Goldberg, Professor of Law and Native American California Environmental Protection Agency
Studies CHIEF GENE GANIT,Legislative Director
FACT:THE AGREEMENTS BENEFIT TRIBES California Fire Chiefs Association
ACROSS CALIFORNIA. ALAN WAYNE BARCELONA, President
"The agreements will provide important revenues to tribes California Statewide Law Enforcement Association
Arguments printed on this page are the opinions of the authors and have not been checked for accuracy by any official agency. Arguments 43
TEXT OF PROPOSED LAWS
PROPOSITION 94 PROPOSITION 95
This law proposed by Senate Bill 903 of the 2007-2008 This law proposed by Senate Bill 174 of the 2007-2008
Regular Session (Chapter 40, Statutes of 2007) is Regular Session (Chapter 38, Statutes of 2007) is
submitted to the people of California as a referendum in submitted to the,people of California as a referendum in
accordance with the provisions of Section 9 of Article II accordance with the provisions of Section 9 of Article.II
of the California Constitution. of the California Constitution.
This proposed law adds a section to the Government This proposed law adds a section to the Government
Code; therefore, new,provisions proposed to be added Code; therefore, new provisions proposed to be added
are printed in italic type to indicate that they are new. are printed in italic type to indicate that they are new.
PROPOSED LAW PROPOSED LAW
SECTION 1. Section 12012.49 is added to the SECTION 1. Section 12012.48 is added to the
Government Code,to read: Government Code,to read:•
12012.49.(a)The amendment to the tribal-state gaming 12012.48. (a) The amendment to the tribal-state
compact entered into in accordance with the Indian gaming compact entered into in accordance with the
Gaming Regulatory Act of 1988 (18 U.S.C. Sec. 1166 to Indian Gaming Regulatory Act of 1988 (18 U.S.C. Sec.
1168, Incl., and 25 U.S.C. Sec. 2701 et seq.) between the 1166 to 1168, incl.,and 25 U.S.C. Sec. 2701 et seq.)
State of California and the Pechanga Band of Luiseno between the State of California and the Mbrongo Band of
Mission Indians, executed on August 28, 2006, is hereby Mission Indians, executed on August 29, 2006, is hereby
ratified. ratified.
(b) (1) In deference to tribal sovereignty, none of the (b) (1) In deference to tribal sovereignty, none of the
following shall be deemed a project for purposes of the following shall be deemed a project for purposes of the
California Environmental Quality Act (Division 13 California Environmental Quality Act (Division 13
(commencing with Section 21000)ofthePublic Resources (commencingwith Section 21000)ofthe Public Resources
Code): Code):
(A) The execution of an amendment to the amended (A) The execution of an amendment to the amended
tribal-state gaming compact ratified by this section. tribal-state gaming compact ratified by this section.
(B) The execution of the amended tribal-state gaming (B) The execution of the amended tribal-state gaming
compact ratified by this section. compact ratified by this section.
(C) The execution of an intergovernmental agreement (C) The execution of an intergovernmental agreement
between a tribe and a county or city government between a. tribe and a county or city government
negotiated pursuant to the express authority of, or as negotiated pursuant to the express authority of, or as
expressly referenced in,the amended tribal-state gaming expressly referenced in, the amended tribal-state gaming
compact ratified by this section. compact ratified by this section.
(D) The execution of an intergovernmental agreement (D) The execution of an intergovernmental agreement
between a tribe and the California Department of between a tribe and the California Department of
Transportation negotiated pursuant to the express Transportation negotiated pursuant to the express
authority of, or as expressly referenced in, the amended 'authority of, or as expressly referenced in, the amended
tribal-state gaming compact ratified by this section. tribal-state gaming compact ratified by this section.
(E) The on-reservation impacts of compliance with the (E)The on-reservation impacts of compliance with the
terms of the amended tribal-state gaming compact terms of the amended tribal-state gaming compact
ratified by this section. ratified by this section.
(F)The sale ofcompact assets,as defined in subdivision (F)The sale ofcompact assets,as defined in subdivision
(a) of Section 63048.6, or the creation of the special (a) of Section 63048.6, or the creation of the special
purpose trust established pursuant to Section 63048.65. purpose trust established pursuant to Section 63048.65.
(2) Except as expressly provided herein, nothing in (2) Except as expressly provided herein, nothing in
this subdivision shall be construed to exempt a city, this subdivision shall be construed to exempt a city,
county, or city and county,or the California Department county, or city and county, or the California Department
of Transportation,fromtherequirementsof'theCalifornia of Transportation,frorntherequirementsoftheCalifornia
Environmental Quality Act. Environmental Quality Act.
(c) Revenue contributions made to the state by the (c) Revenue contributions made to the state by tribes
tribe pursuant to the amended tribal-state gaming compact pursuant to the amended tribal-state gaming compact
ratified by this section shall be deposited in the General ratified by this section shall be deposited in the General
Fund. Fund.
44 1 Text of Proposed Laws
TEXT OF PROPOSED LAWS
PROPOSITION 96 , (d)Revenue contributions made to the state by the tribe
pursuant to the amended tribal-state gaming compact
This law proposed by Senate Bill 175 of the 2007-2008 ratified by this section shall be deposited in the General
Regular Session (Chapter 39, Statutes of 2007)' is Fund, or as otherwise provided in the amended compact.
submitted to the people of California as a referendum in
accordance with the provisions of Section 9 of Article II
of the California Constitution. PROPOSITION 91
This proposed law adds a section to the Government
Code; therefore, new provisions proposed to be added This law proposed by Senate Bill 957 of the 2007—
are printed in italic type to indicate that they are new. 2008 Regular Session (Chapter 41, Statutes of 2007) is
submitted to the people of California as a referendum in
PROPOSED LAW accordance with the provisions of Section 9 of Article II
of the California Constitution.
SECTION 1. Section 12012.51.is added to the This proposed law adds a section to the Government
Government Code,to read: Code; therefore, new provisions proposed to be added
are printed in italic type to indicate that they are new.
12012.51.(a)The amendment to the tribal-state gaming
compact entered into in accordance with the' Indian PROPOSED LAW
Gaming Regulatory Act of 1988(18 U.S.C. Sec. 1166 to SECTION 1. Section 12012.46 is added to the
1168, Incl., and 25 U.S.C. Sec. 2701 et seq.)between the Government Code,to read:
State of California and the Sycuan Band of the Kumeyaay
Nation, executed.on August 30, 2006, is hereby ratified.. 12012.46. (a) The amendment to the tribal-state
(b) The terms of the amended compact ratified by this
section shall apply only to the State of California and the gaming compact entered into in accordance with the
tribe that has signed it, and shall not bind any tribe that Indian Gaming Regulatory Act of 1988 (18 U.S.C. Sec.
is not a signatory to the amended compact.The Legislature 1166 to 1168, Incl., and 25 U.S.C. Sec. 2701 .et seq.)
acknowledges the right of federally recognized tribes to between the State of California and the Agua Caliente
exercise their sovereignty to negotiate and enter into Band of Cahuilla Indians, executed on August 8,.2006, is
compacts with the state that are materially different from hereby ratified.
the amended compact ratified pursuant to subdivision (b) (1) In deference to tribal sovereignty, none,of the
(a) following shall be deemed a project for purposes of the
(c) (1) In deference to tribal sovereignty, none of the California Environmental Quality Act (Division 13
following shall be deemed a project for purposes of the (commencingwith Section 21000)ofthe Public Resources
California Environmental Quality Act (Division 13 Code):
(commencing with Section 21000)of the Public Resources (A) The execution of an amendment to the amended
Code): tribal-state gaming compact ratified by this section.
(A) The execution of an amendment to the amended (B) The execution of the amended tribal-state gaming
tribal-state gaming compact ratified by this section. compact ratified by this section.
(B) The execution of the amended tribal-state gaming (C) The execution of an intergovernmental agreement
compact ratified by this section. between a tribe and a county or city government
(C) The execution of an intergovernmental agreement negotiated pursuant to the express authority of, or as
between a tribe and a county orcity government negotiated expressly referenced in, the amended tribal-state gaming
pursuant to the express authority of, or as expressly compact ratified by this section.
referenced in, the amended tribal-state gaming compact (D) The execution of an intergovernmental agreement
ratified by this section. between a tribe and the California Department of
(D) The execution of an intergovernmental agreement Transportation negotiated pursuant to the express
between a tribe and the• California Department of authority of, or as expressly referenced in, the amended
Transportation negotiated pursuant to the express , tribal-state gaming compact ratified by this section.
authority of, or as expressly referenced in, the amended (E)The on-reservation impacts of compliance with the
tribal-state gaming compact ratified by this section. terms of the amended tribal-state gaming compact
(E)The on-reservation impacts of compliance with the ratified by this section.
terms of the amended tribal-state gaming compact ratified (F)The sale ofcompact assets,as defined in subdivision
by this section. (a) of Section 63048.6, or the creation of the special
(F)The sale of compact assets,as defined in subdivision purpose trust established pursuant to Section 63048'6S.
(2) Except as expressly provided herein, nothing in
(a) of Section 63048.6, or the creation of the special this subdivision shall be construed to exempt a city,
purpose trust established pursuant to Section 63048.65.
(2)Except as expressly provided herein, nothing in this county, or city and county, or the California Department
subdivision shall be construed to exempt a city, county,or of Transportation,from the requirements ofthe California
city and county, or the California Department of Environmental Quality Act.
Transportation,from the requirements of the California (c) Revenue contributions made to the state by tribes
Environmental Quality Act. pursuant to the amended tribal-state gaming compact
ratified by this section shall be deposited in the General
Fund.
Text of Proposed Laws 1' 45
COUNTY ELECTIONS OFFICES
ALAMEDA COUNTY GLENN COUNTY MARIN COUNTY
1225 Fallon Street,Room G-1 516 W. Sycamore Street,2°d Floor 3501 Civic Center Drive,Room 121
Oakland,CA 94612 Willows,CA 95988 P.O.Box E
(510)267-8683 (530)934-6414 San Rafael,CA 94913
www.acgov.org/rov www.countyofglenn.net/elections/ (415)499-6456
home—page.asp www.marinvotes.org
ALPINE COUNTY
99 Water Street HUMBOLDT COUNTY MARIPOSA COUNTY
P.O.Box 158 3033 H Street,Room 20 4982 101h Street
Markleeville,CA 96120 Eureka,CA 95501 P.O.Box 247
(530)694-2281 (707)445-7678 or(707)445-7481 Mariposa,CA 95338
www.alpinecountyca.gov www.co.humboldt.ca.us/election (209)966-2007
www.mariposacounty.org
AMADOR COUNTY IMPERIAL COUNTY
810 Court Street 940 West Main Street,Suite 202 MENDOCINO COUNTY
Jackson,CA 95642 t1 Centro,CA 92243 501 Low Gap Road,Room 1020
(209)223-6465 (760)482-4226 Ukiah,CA 95482
www.co.amador.ca.us www.co.imperial.ca.us/election (707)463-4371
www.co.mendocino.ca.us/acr
BUTTE COUNTY INYO COUNTY
25 County Center Drive,Suite I 1,68 N.Edwards Street MERCED COUNTY P Oroville,CA 95965-3375 .O.Box F 2222 M Street,Room 14
(530)538-7761 or(800)894-7761 Independence,CA 93526 Merced,CA 95340
http://clerk-recorder.buttec6unty.net (760)878-0224 (209)385-7541 . -
www.co.merced.ca.us/
CALAVERAS COUNTY KERN COUNTY elections/index.html,
891 Mountain Ranch Road 1115 Truxtun Avenue
San Andreas,CA 95249 Bakersfield,CA 93301 MODOC COUNTY
(209)754-6376 (661)868-3590 204 S. Court Street
www.co.calaveras.ca.us www.co.kem.ca.us/elections/ Alturas,CA 96101-0131
(530)233-6200
COLUSA COUNTY KINGS COUNTY
546 Jay Street,Suite 200 1400 W.Lacey Blvd. MONO COUNTY
Colusa,CA 95932 Hanford,CA 93230 74 School Street,Annex 1
(530)458-0500 (559)582-3211 ext.4401 P.O.Box 237
www.colusacountyclerk.com www.countyofkings.com/acr/ Bridgeport,CA 93517
elections/index.htm (760)932-5537
CONTRA COSTA COUNTY www.monocounty.ca.gov
555 Escobar Street LAKE COUNTY
P.O.Box 271 255 N. Forbes Street,Room 209 MONTEREY COUNTY
Martinez,CA 94553 Lakeport,CA 95453-4748 1370-B South Main Street
(925)335-7800 (707)263-2372 P.O.Box 4400
www.cocovote.us www.co.lake.ca.us Salinas,CA 93912
(831)796-1499
DEL NORTE COUNTY LASSEN COUNTY www.montereycountyelections.us
981 H Street,Room 160 220 S. Lassen Street,Suite 5
Crescent City,CA 95531 Susanville,CA 96130 NAPA COUNTY
(707)465-0383 or(707)464-7216 (530)251-8217 900 Coombs Street, Suite 256
http://clerk.lassencounty.org/ Napa,CA 94559
EL DORADO COUNTY registrar.htm (707)253-4321
2850 Fairlane Court www.co.napa.ca.us
P.O.Box 678001 LOS ANGELES COUNTY
Placerville,CA 95667 12400 Imperial Highway NEVADA COUNTY
(530)6217-7480 Norwalk,CA 90650-8350- 950 Maidu Avenue
www.co.el-dorado.ca.us/elections (800)481-8683 or(562)466-1310 Nevada City,CA 95959
www.lavote.net (530)265-1298
FRESNO COUNTY www.mynevadacounty.com/elections
2221 Kern Street MADERA COUNTY
Fresno,CA 93721 200 West 411 Street, V Floor ORANGE COUNTY
(559)488-3246 Madera,CA 93637 P.O.Box 11298
www.co.fresno.ca.us/2850/index.html (559)675-7720 Santa Ana,CA 92711
www.madera-county.com/ (714)567-7600
countyclerk/index.html www.ocvote.com
46 1 County Elections Offices
COUNTY ELECTIONS OFFICES
PLACER COUNTY SAN MATEO COUNTY STANISLAUS COUNTY
P.O.Box 5278 40 Tower Road 10211 Street,Suite 101
Auburn,CA 95604 San Mateo,CA 94402 Modesto,CA 95354-2331
(530)886-5650 (650)312-5222 (209)525-5200
www.placer.ca.gov/elections www.shapethefuture.org www.stanvote.com
PLUMAS COUNTY SANTA BARBARA COUNTY SUTTER COUNTY
520 Main Street,Room 102 130 E.Victoria Street, Suite 200 1435 Veterans Memorial Circle
Quincy,CA 95971 P.O. Box 159 Yuba City,CA 95993
(530)283-6256 Santa Barbara,CA 93102 (530)822-7122
www.countyofplumas.com (800)SBC-VOTE www.suttercounty.org
www.sbcvote.com
RIVERSIDE COUNTY TEHAMA COUNTY
2724 Gateway Drive SANTA CLARA COUNTY 444 Oak Street,Room C
Riverside,CA 92507-0918 1555 Berger Drive,Building 2 P.O.Box 250
(951)486-7200 San Jose,CA 95112 Red Bluff,CA 96080
www.election.co.riverside.ca.us/ (408)299-VOTE or(866)430-VOTE (530)527-8190
www.sccvote.org www.co.tehama.ca.us
SACRAMENTO COUNTY
7000 65"Street, Suite A SANTA CRUZ COUNTY TRINITY COUNTY
Sacramento,CA 95823-2315 701 Ocean Street,Room 210 11 Court Street
(916)875-6451 Santa Cruz,CA 95060-4076 P.O.Box 1215
www.elections.saccounty.net (831)454-2060 Weaverville,CA 96093
www.votescount.com (530)623-1220
SAN BENITO COUNTY www.trinitycounty.org/elections
Courthouse SHASTA COUNTY
440 Fifth Street,Rodm 206 1643 Market Street TULARE COUNTY
Hollister,CA 95023-3843 Redding,CA 96001 5951 S.Mooney Blvd.
(831)636-4016 (530)225-5730 Visalia,CA 93277
www.sbcvote.us www.elections.co.shasta.ca.us (559)733-6275
www.tularecoelections.org
SAN BERNARDINO COUNTY SIERRA COUNTY
777 E.Rialto Avenue 100 Courthouse Square,Room 11 TUOLUMNE COUNTY
San Bernardino,CA 92415 P.O. Drawer D Administration Center
(909)387-8300 Downieville,CA 95936 2 S. Green Street
www.sbcrov.com (530)289-3295 Sonora,CA 95370-4696
www.sierracounty.ws (209)533-5570
SAN DIEGO COUNTY www.tuolumnecounty.ca.gov
5201 Ruffin Road,Suite I SISKIYOU COUNTY
San Diego,CA 92123 510 N. Main Street VENTURA COUNTY
(858)565-5800 Yreka,CA 96097 800 S.Victoria Avenue,L-1200
www.sdvote.com (530)842-8084 or Ventura,.CA 93009-1200
(888)854-2000 ext. 8084 (805)654-2664
SAN FRANCISCO COUNTY www.co.siskiyou.ca.us/clerk/ recorder.countyofventura.org/
City Hall o index.h'tm elections.htm
1 Dr.Carlton B.Goodlett Pl.,Room 48
San Francisco,CA 94102 SOLANO COUNTY YOLO COUNTY
(415)554-4375 675 Texas Street,Suite 2600 625 Court Street,Room B05
www.sfgov.org/site/elections Fairfield,CA 94533 Woodland,CA 95695
(707)784-6675 (530)666-8133
SAN JOAQUIN COUNTY www.solanocounty.com/elections www.yoloelections.org
212.N. San Joaquin Street
Stockton,CA 95202 SONOMA COUNTY YUBA COUNTY
(209)468-2890 435 Fiscal Drive 915 811 Street, Suite 107
www.sjcrov.org P.O.Box 11485 . Marysville,CA 95901-5273
Santa Rosa,CA 95406-1485 (530)749-7855
SAN LUIS OBISPO COUNTY (707)565-6800 or(800)750-VOTE elections.co.yuba.ca.us
1055 Monterey Street,D-120 www.sonoma-county.org/regvoter
San Luis Obispo,CA 93408
(805)781-5228
www.slocounty.ca.gov/clerk
County Elections Offices 1 47
Secretary of State
150011th Street PRSRT STD
Sacramento,CA 95814 u.s.POSTAGE
• PAID
SECRETARY OF
STATE
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Postal
ENS� ��E� ormat►on
Sip ide c onta►ns►ntl measures CALIFORNIA PRESIDENTIAL
* This gu tour addit he February ballot.
reWdinualitied tot thePRIMARY
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ELECTION
www.voterguide.sos.ca.gov
OFFICIAL VOTER INFORMATION GUIDE For additional copies of the Voter Information Guide
in any of the following languages, please call:
Remember to Vote!
Tuesday, February 5, 2008 English: 1-800 345-VOTE(8683)
Polls are open.from 7:00 a.m.to 8:00 p.m. Espanol/Spanish: 1-800-232-VOTA(8682)
Q a/Japanese: 1-800-339-2865
January 7 Viet ngff Nietnamese: 1-800-339-8163
First day to apply for a vote-by-mail ballot by mail. Tagalog/Tagalog: 1-800-339-2957
January 22 '�'X/Chinese: 1-800-339-2857
Last day to register to vote. -3�1�/Korean: 1-866-575-1558
January 29 TOO: 1-800-833-8683
Last day that county elections office will
accept any voter's application for a vote-by-mail ballot. In an effort to reduce election costs,-the State Legislature has
authorized the State and counties to mail only one guide to
February 5 addresses where more than one voter with the same surname
Last day to apply for a vote-by-mail resides.You may obtain additional copies by contacting your
ballot in person at the county elections office. county elections office or by calling 1-800-345-VOTE.
..