BILL ANALYSIS


   
  
  
  
                                                         {u SCA 11  
                                                         u} Page  1  
  
Date of Hearing:  September 7, 1999  
  
        ASSEMBLY COMMITTEE ON ELECTIONS, REAPPORTIONMENT   
                 AND CONSTITUTIONAL AMENDMENTS   
                      Edward Vincent, Chair  
        SCA 11 (Burton) - As Introduced:  August 23, 1999  
  
       AS PROPOSED TO BE AMENDED IN COMMITTEE - RN9922783  
  
{u SENATE VOTE u} :  Vote Not Relevant  
{u   
SUBJECT u} :  Gambling:  Indian Gaming Compacts.  
  
{u SUMMARY u} :  Constitutional amendment authorizes the Governor to
enter into compacts with Indian tribes to allow certain forms of
gambling on Indian lands in California, subject to ratification
of those compacts by the Legislature.  Specifically, {u this bill u} :
  
  
1)Authorizes the Governor, notwithstanding specified provisions
  of the California Constitution, and any other provision of
  state law, to negotiate and conclude compacts with federally
  recognized Indian tribes to permit certain forms of gambling
  on Indian lands in California in accordance with federal law.  
  
2)Authorizes the compacts to allow the operation of slot
  machines, and the conduct of lottery games and banking card
  games, on California tribal lands subject to approval of the
  compacts by the Legislature.   
  
3)Expressly authorizes slot machines, lottery games, and banking
  card games only on tribal lands, subject to those compact
  terms.    
  
{u EXISTING LAW u} :  
  
1)The California Constitution provides that the Legislature has
  no power to authorize lotteries, and requires it to prohibit
  the sale of lottery tickets in California.  Authorizes the
  California State Lottery, notwithstanding this prohibition.  
  
2)Authorizes the Legislature to provide for the regulation of
  horse races and permit wagering thereon.  
  
3)Allows the Legislature to allow cities and counties to permit
  
  
  
  

  
  
  
                                                         {u SCA 11  
                                                         u} Page  2  
  
  charitable bingo games.  
  
4)Provides the Legislature has no power to authorize, and shall
  prohibit, casinos of the type currently operating in Nevada
  and New Jersey.  
  
{u FISCAL EFFECT u} :  Unknown  
  
{u COMMENTS u} :     
  
1)On August 23, 1999, the California Supreme Court invalidated
  Proposition 5, a statutory initiative measure approved by the
  voters at the November 3, 1998 statewide general election.
  Proposition 5  permitted gaming on California Indian lands
  subject to specified conditions.  The Court ruled that
  Proposition 5, by allowing games like 21 or blackjack, and
  slot machine-style video games, permitted the operation of
  casinos of the type currently operating in Nevada and New
  Jersey and thereby violated the California Constitution.  
  
2)This measure, a constitutional amendment, provides that,
  notwithstanding prohibitions of the California Constitution,
  and in state statutes, the Governor may negotiate agreements
  (compacts) with federally recognized Indian tribes to permit
  the operation of slot machines and the conduct of lottery
  games and banking card games on California Indian lands.  This
  measure makes those agreements subject to ratification by the
  Legislature.  Accordingly, this measure expressly permits the
  operation of slot machines and lottery games, and the conduct
  of banking card games on tribal lands subject to the terms of
  the compacts.   
  
3)News reports indicate that the Governor and Indian tribes held
  many meetings and discussions since the Court invalidated
  Proposition 5.  The Governor and the tribes have been seeking
  a legislative solution to avoid the shutting down of Indian
  casinos following the invalidation of Proposition 5.  The
  concept is to submit a legislative measure to the voters for
  their approval at the March 7, 2000, statewide primary
  election to validly authorize Indian gaming.  This measure
  would expressly permit the operation of slot machines, and the
  conduct of lottery games and banking card games on Indian
  lands in accordance with federal law.  This language in effect
  authorizes gaming on California Indian lands of the type
  permitted by Proposition 5.  According to the author's office,
  
  
  
  

  
  
  
                                                         {u SCA 11  
                                                         u} Page  3  
  
  the language was approved by a vote of 32 to 1 by the Indian
  tribes negotiating with the Governor.   
  
4)In anticipation of Proposition 5 being invalidated, Indian
  tribes have been circulating for signature an initiative
  petition to reenact Proposition 5 as a constitutional
  amendment.  The initiative would appear on the March 7, 2000,
  statewide primary ballot if it qualifies.  Signatures are to
  be submitted starting September 14, 1999.   
  
5)In order for this measure to appear on the March 7, 2000,
  statewide primary ballot, it must be adopted by both houses of
  the Legislature by the end of business of September 9, the
  currently scheduled start of Interim Recess.  
  
{u REGISTERED SUPPORT / OPPOSITION u} :  
  
{u Support u}   
  
None on file  
{u   
Opposition u}   
  
None one file  
  
  
{u Analysis Prepared by u} :  Romulo Lopez / E., R. & C. A. / (916)
319-2094