Indian Gaming Props 94 through 97 (Shallow Thoughts)

Akkana's Musings on Open Source, Science, and Nature.

Mon, 04 Feb 2008

Indian Gaming Props 94 through 97

Finally home from Melbourne and with a good night's sleep behind me, I finally had to take a look at the Indian gaming propositions on tomorrow's ballot: Propositions 94 through 97.

There are a bunch of issues here which I'm not going to try to write about: you can read the legislative analyst's summary and the pro and con arguments in the Supplemental Voter's Handbook. But the really interesting part of the is the section at the back of the SVH: the TEXT OF PROPOSED LAWS section. It's always good to take a look at a law's actual text before making a decision. Sometimes they surprise you. Especially in this case.

Ready to follow along? Okay, we'll start with Prop 94. Open your SVH to page 44 (or use the PDF or Google's HTML translation) and start at SECTION 1. (Presumably there's some way to get to these links via www.sos.ca.gov/elections/ but I didn't have much luck finding it.)

SECTION 1. Section 12012.49 is added to the Government Code, to read:
12012.49. (a) The amendment tothe 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 Pechanga Band of LuiseƱo Mission Indians, executed on August 28, 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 to the amended tribal-state gaming compact ratified by this section.
(B) The execution of the amended 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, the amended tribal-state gaming compact ratified by this section.

... hey, wait a minute, where are the details? The proposed law continues in this fashion, referencing "the amended tribal-state gaming compact ratified by this section" over and over. Remember, this is the actual wording that would become part of California law if these propositions are approved.

Dave looked into this more. Turns out these Indian gaming compacts are complicated by an amusing legal problem: since each reservations is technically a foreign government, negotiation has to be done by the Governor's office, not legislated by the state legislature. But the agreements the Gov makes have to be ratified by the legislature or the voters.

Okay, so what we're voting on is whether to ratify the agreement the Governator reached with the set of tribes under discussion (mostly along I-10 in Riverside County, plus one down near San Diego).

Great. So ... where are these agreements we're voting to ratify?

Not in the Supplemental Voter's Handbook, that's clear enough. So where can we find them?

Dave went to Google, and thought he found something -- wait, no, it turns out it's even more complicated than that. See, there are lots of earlier revisions of the compacts, too.

Apparently when the time comes to get it ratified, how it generally works is: Someone writes up a bill that sounds harmless and has nothing to do with the actual issues being discussed ("Proposed: that we will provide the Pachenga Indians with educational information on tooth decay prevention for their schools"). This is made public, and sits in the public place for bills under consideration until the last minute, when it is amended to add whatever the real subject of discussion is. Then everybody votes on it (probably without reading the amendments), and the agreement is ratified.

But something went wrong in the process this time, and somehow the agreements weren't ratified and ended up getting sent to the voters.

Okay, that's all very entertaining, but meanwhile we still need the text of the agreements we're being asked to ratify. Where are they?

After much searching, Dave thought he had a lead: Denise Moreno Ducheny's page has a link for SB 174 - Tribal gaming: compact ratification. which supposedly corresponds to Prop 95. That link doesn't work for me (I get "The connection has been reset: try again later" -- either it doesn't like Firefox on Linux or it wants cookies or something) but it worked for Dave in Safari, and it turns out it was one of these pre-amended versions, not the version we're actually being asked to vote on.

But he finally found what apparently are the final versions of the compacts, linked from a press release on the governor's site. Note that you can't get there by actually searching the Governor's site (searching for tribal compact gets you three press releases that don't include that one). Here's a direct link to the Pechanga agreement and the San Manuel agreement. You're on your own for the rest.

Anyway, the PDFs on the Governor's site do appear to say pretty much what the legislative analyst says they say. So the analysis in the Supplemental Voter Handbook is probably fine and you cat vote on that basis. That's assuming you believe that those PDFs, findable only through google and not through any official link, are the real ones that are being voted on. The filenames both include the word "final" -- isn't that all you need to know?

Me, I'm not too happy about being asked to vote on a basis of "We won't show you the actual text, just trust us". I don't like the idea of laws that reference unknown other documents, stored in an unspecified place and possibly subject to who knows what sorts of revisions. I'll probably vote no for that reason.

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[ 16:54 Feb 04, 2008    More politics | permalink to this entry ]