California indian gaming propositions

Card games such as poker can be played only if the card room does not have a stake in the outcome of the game. State law specifically prohibits many games such as twenty-one , and it also prohibits the operation of any slot machine or other gambling device.

The IGRA puts gambling activities into three classes and places restrictions on Indian tribes who want to conduct these activities. In general, Indian tribes may offer: Class I gambling without restriction. Class II gambling that is allowed throughout the state in which the Indian land is located. Class II gambling includes bingo and many card games. Class II gambling, however, specifically excludes all card games in which the operator has a stake in the amount wagered or the outcome of the game.

Class III gambling activities only if the tribe and the state sign an agreement referred to as a tribal-state compact that allows the specific gambling activities. Thus, Class III gambling includes lotteries, slot machines or other gambling devices, and horse race wagering. If the state allows any type of Class III gambling and an Indian tribe asks to negotiate a compact for operation of those gambling activities on tribal land, then the state is required to negotiate in good faith for a compact.

Gambling on Indian Land in California. Currently, there are 41 Indian gambling operations in California which offer a variety of gambling activities. These include bingo, card games including a type of blackjack , and electronic video gambling devices. To date, California has entered into compacts with five Indian tribes allowing parimutuel wagering on horse racing. Parimutuel betting is where all wagers go into a common prize pool, less a specific "take-out" for management.

In addition, the Governor has negotiated a compact with the Pala Band of Mission Indians for other forms of Class III gambling other tribes have also agreed to this compact. To date, however, legislation concurring with this agreement has not been passed.

Actions are currently pending in federal court regarding the continued operation of many gambling activities on Indian land. Consequently, the future status of some activities is uncertain.

Proposal This measure requires the state to enter into a specific compact allowing certain Class III gambling activities on Indian lands for those tribes that agree to sign the agreement. The measure also requires the Governor to negotiate a separate tribal-state compact with any tribe that wants a different compact. The following Class III gambling activities could be conducted in Indian gambling establishments in California: Parimutuel horse race wagering consistent with an existing tribal-state compact.

Electronic gambling devices a type of slot machine that allow the individual to play any game of chance. The device, however, could not dispense coins or currency and could not be activated with a handle. In addition, the device must pay prizes solely in accordance with a "player's pool prize system"--defined to be a prize system where all wagers collected from players are eventually returned to the winners with no opportunity for the establishment to win.

The IGRA defines gambling under three classes:. An Indian tribe can operate Class III games only if the tribe and the state have agreed to a tribal-state compact that allows such games.

The compact can also include items such as regulatory responsibilities, facility operation guidelines, and licensing requirements. After the state and tribe have reached agreement, the federal government must approve the compact before it is valid. Currently, there are about 40 Indian gambling operations in California, which offer a variety of gambling activities.

In the past two years there have been several important developments with regard to Indian gambling in California:. This proposition amends the State Constitution to permit Indian tribes to conduct and operate slot machines, lottery games, and banked and percentage card games on Indian land.

These gambling activities could only occur if 1 the Governor and an Indian tribe reach agreement on a compact, 2 the Legislature approves the compact, and 3 the federal government approves the compact. Although this proposition authorizes lottery games, Indian tribes can currently operate lottery games--subject to a gambling compact.

This is because the State Constitution permits the State Lottery, and Indian tribes can operate any games already permitted in the state. As discussed above, the Governor and the Legislature have approved virtually identical tribal-state compacts with 57 Indian tribes in California.

If this proposition is approved, those compacts would go into effect if approved by the federal government. See Figure 1 for a brief description of these compacts' major provisions. Tribes may pay for licenses for additional machines, but generally may not operate more than 2, machines. Revenue Sharing Trust Fund Tribes will make quarterly payments into this fund based on the number of licensed slot machines they operate.

The money will be used to provide annual payments to noncompact tribes and those tribes operating fewer than machines. Special Distribution Fund Tribes will make quarterly payments into this state fund beginning in based on the number of machines they were operating as of September 1, The Legislature could spend monies from the fund for the following statewide purposes: 1 grants for programs to address gambling addiction, 2 grants to the state and local governments affected by tribal gaming, 3 reimbursements of state regulatory costs, 4 payment of shortfalls in the Revenue Sharing Trust Fund, and 5 other purposes specified by the Legislature.

Banked and Percentage Card Games The compact places no limit on the types or quantity of card games tribes could offer. Other Provisions The compacts authorize casino workers to unionize. The problem I refer to is gambling addiction. That lost money could be funding retirements, or paying off credit card debts, or buying goods and services in the local community.

Instead it will drain into slot machines, leaving the losers poorer and ever more vulnerable. Will that be good for our economy or society?

Think about it. Often provocative, frequently irreverent, usually progressive, Pete cuts through the posturing on either side of each measure, distilling the true issues underlying them. Pete Rates the Propositions is non-partisan and unaffiliated with any candidate or organization. Pete remains obstinately undoctrinaire, considering each ballot proposition on its merits.

He is proud to have offended and persuaded voters of all political stripes. This originally appeared on Pete Rates the Propositions and is republished with the permission of the author. Save my name, email, and website in this browser for the next time I comment. Thursday, 13 January , Sign in.

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