Legal Rulings, Sovereignty Make Propositions Confusing
 

There are 16 measures on the ballot, and four are direct amendments to state law. Two of these amendments are the highly publicized propositions 68 and 70. Californians who watch television have seen the commercials with Gov. Arnold Schwarzenegger; citizens stating “pay their fair share,” or Native Americans saying “we need Californians’ help.”

If non-tribal Proposition 68 passes it requires tribes to pay 25 percent of gross slot machine profits to California and adhere to state environmental and political reform laws.

Proposition 68 will allow five named horse-racing tracks and 11 specific card clubs to control a maximum 30,000 slot machines at those existing locations. In Northern California, those could be casinos are in Albany, Colma, Pacheco, San Bruno, and San Mateo.

Then, the owners of those machines will pay 30 percent of winnings to the local government, two percent to the city and one percent to the county. If voters pass Proposition 68, an estimated $2 billion every year could be made according to former legislative analyst Bill Hamm.

Roy Burns, President of the Association of Los Angeles Deputy Sheriffs and supporter of 68, stated that “a yes vote on Prop 68 will bring much needed local government funding to cities and counties statewide,” according to fairshareforcalifornia.org.

Communications Director Scott MacDonald for stop68.com stated that he has not seen the coalition for Proposition 68 gain any support.

"[Proposition 68] is the most deceptive campaign and a bad deal for communities," said MacDonald. "Californians should ask themselves do we want a huge expansion on urban land?"

The California Nations Indian Gaming Association (CNIGA) appreciates Schwarzenegger's stance on the "deceptive initiative in the same negative fashion that we do," according to a press release dated June 21, 2004. Also, CNIGA does not support the proposition because they believe that those who will allegedly gain from this measure will actually lose.

According to CNIGA, "each tribe is a sovereign nation with unique circumstances and any negotiations are a government-to-government matter."

In three 19th Century Supreme Court decisions known as the Marshall Trilogy, Justice John Marshall stated that Europeans could occupy the land due to discovery, and that since Native Americans were the proper owners of that land they could therefore use their property however they wish. The American government recognizes tribes as soveriegn nations, known as "domestic dependent nations," according to the University of California, Berkeley Library.

The Schwarzenegger-supported Website no68and70.org states that proposition 68 will hurt the state’s budget, environment, schools, law enforcement and fire departments. A major fear of proposition 68 is that many casinos will begin operating and in turn, create an overflow of people and traffic. Few people are listed in support of Proposition 68. Opposition to Proposition 68 also includes many sheriffs, along with firefighters and Carla Nino, president of the California State Parent-Teachers Association.

Proposition 70 commands the Governor to offer a renewable 99-year gaming agreement to federally identified Native-American tribes. The arrangement would include sole gaming rights on Indian land, no limitations on machines, facilities and contributions to state fund of portion net.

Proposition 70 “hurts local government, public safety and the environment,” said no68and70.org, which also said that the agreement would not require tribes to collaborate with local government. Plus, it said that there will be no way to audit the companies.

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