I am posting the following text from a bill now introduced into the California Legislative body by Assemblyman Charles Calderon, 58th District (LA County cities). How has the Morongo Band of Mission Indians proven that they are worthy of the type of specialized treatment they are getting from this bill?
I am presuming that this treatment is developing from the clause in this bill that states Morongo must pay a type of tax to the state general fund (which is calculated based upon the reported earnings of the Tribe-which they control the counting, validation and reporting of). It will be a frosty day in the Netherworld before any Tribe who signs this deal pays in what the Governor or this misguided Assemblyman has calculated.
But even if I am wrong and a Tribe doesn't take lessons from the American Corporations who are masters at shuffling of the expenses to lower reported profitability, I challenge the validity of any legislation that gives such broad authority to any group to violate environmental laws of California while expressly commanding California agencies that they are forbidden from breaking the law.
As Global Warming and environmental damages now are beginning to threaten the very survival of our species on this planet, isn't it just wrong to allow any group to cheat on the weak environmental rules we have in place when reality dictates that NO group should be given carte blanche to cheat? Frankly, the dream tax revenue could never be high enough to cover the moral damage inflected onto the state for allowing something like this to become law.
The Morongo Tribe is not poor. They have a large casino complex that generates lots of income. Why should they be entitled to these breaks anyway? Would the state of California tell Wal-Mart that they could ignore environmental laws as compensation for expanding their business venture? Would California give this kind of free ride to ANY OTHER COMPANIES? The Tribe does not need this kind of break and the state's environmental laws shouldn't be for sale to the slickest bidder.
Also, another of the Tribes who have bills pending for these same sweetheart deal is the Los Coyotes Band of Cahuilla and Copena Indians-introduced by Senators Wiggins and Ashburn; and a Tribe that has been denied a gaming compact up to now due to political pressure from Southern CA Tribes: the Yoruk Tribe in Northern CA.
I am scanning only the bills introduced during this session, which means other bills like this could be lurking in the system that haven't turned up yet.
I encourage anyone reading this to email your California Senator or Assemblyman at once. This kind of backdoor sweet-heart legislation must come to an immediate halt.
BILL NUMBER: AB 266 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Charles Calderon
FEBRUARY 5, 2007
An act to add Section 12012.48 to the Government Code, relating to
tribal gaming.
LEGISLATIVE COUNSEL'S DIGEST
AB 266, as introduced, Charles Calderon. Tribal gaming: compact
ratification.
The federal Indian Gaming Regulatory Act provides for the
negotiation and execution of tribal-state gaming compacts for the
purpose of authorizing certain types of gaming on Indian lands within
a state. The California Constitution authorizes the Governor to
negotiate and conclude compacts, subject to ratification by the
Legislature. Existing law expressly ratifies a number of tribal-state
gaming compacts, and amendments of tribal-state gaming compacts,
between the State of California and specified Indian tribes.
This bill would ratify an amendment to a tribal-state gaming
compact entered into between the State of California and the Morongo
Band of Mission Indians, executed on August 29, 2006. The bill would
require that related revenue contributions be deposited into the
General Fund and would also specify that, in deference to tribal
sovereignty, certain actions may not be deemed projects for purposes
of the California Environmental Quality Act.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12012.48 is added to the Government Code, to
read:
12012.48. (a) The amendment to the tribal-state gaming compact
entered into in accordance with the Indian Gaming Regulatory Act of
1988 (18 U.S.C. Sec. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et
seq.) between the State of California and the Morongo Band of Mission
Indians, executed on August 29, 2006, is hereby ratified.
(b) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):
(A) The execution of an amendment of a tribal-state gaming compact
ratified by this section.
(B) The execution of a tribal-state gaming compact ratified by
this section.
(C) The execution of an intergovernmental agreement between a
tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, a tribal-state
gaming compact or an amended tribal-state gaming compact ratified by
this section.
(D) The execution of an intergovernmental agreement between a
tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
a tribal-state gaming compact or an amended tribal-state gaming
compact ratified by this section.
(E) The on-reservation impacts of compliance with the terms of a
tribal-state gaming compact or an amended tribal-state gaming compact
ratified by this section.
(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.
(2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, a city and
county, or the California Department of Transportation from the
requirements of the California Environmental Quality Act.
(c) Revenue contributions made to the state by the tribe pursuant
to the amended tribal-state gaming compact ratified by this section
shall be deposited in the General Fund.
Footnote: The original legislation that would have authorized an increase in the number of machines included four of Morongo's neighbors. However, they objected to any language in the bill that appeared to force them to follow state or federal labor laws and to language that specifically forced the Tribes to stop the practice of termination of their Tribal members. The latter was removed, but the Legislature refused to pass a bill that cuts Union Labor out of the casino's.
Comments