Indian gaming revenue sharing

Michigan Indian Casino Money May Fund College Scholarships

Matthew L.M. Fletcher

From Native American Times, via Pechanga:

LANSING, Mich. (AP) – Legislation headed for Gov. Jennifer Granholm’s desk would allow Michigan school districts to use money received through agreements with tribal-run casinos to fund college scholarship programs.

The Senate unanimously approved the bill on Wednesday.

Michigan has more than 20 casinos run by American Indian tribes. The tribes have agreements with the state that typically provides 2 percent of certain gaming revenue to local governments, including schools.

The bill would allow school districts covered by those agreements to use their proceeds for scholarships for their graduates.

The legislation sponsored by Republican Sen. Ron Jelinek of Three Oaks was sparked by a plan from New Buffalo schools to fund a scholarship program.

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The legislation is Senate Bill 1097.

Rincon Band Wins Good Faith Negotiations Claim against California

Matthew L.M. Fletcher5 Comments

Here is the Ninth Circuit’s opinion in Rincon Band v. Schwarzeneggar (over a dissent).

Only some of the materials are available (since this case is so old, and CA9 only recently joined the 21st century):

Rincon Opening Brief

California Brief

Rincon Reply

[Picayune Amicus Brief unavailable]

California Response to Picayune Amicus Brief

Here are the lower court briefs and materials.

Michigan Senate Efforts to Allow Indian Gaming Revenue Sharing to Benefit Schools

Matthew L.M. Fletcher

News article here (with an assist from A.K.):

School districts could use money received through agreements with tribal-run casinos to fund college scholarship programs through legislation approved by the Michigan Senate.

The bill approved by unanimous vote Thursday now goes to the House.

Michigan has more than 20 casinos run by American Indian tribes. The tribes have agreements with the state that typically provides 2 percent of certain gaming revenue to local governments, including schools.

The bill passed Thursday would allow school districts covered by those agreements to use their proceeds for scholarships for their graduates.

The legislation sponsored by Republican Sen. Ron Jelinek of Three Oaks was sparked by a plan from New Buffalo schools to fund a scholarship program.

NHBPI Pays Nearly $2M in Revenue Sharing to Local Governments

Matthew L.M. Fletcher

Wow.

From the B.C. Enquirer (via Pechanga):

Besides its Aug. 5 opening, Friday was arguably the most important date in FireKeepers Casino’s short history, because the community got its share of the profits.

The Tribal Council of the Nottawaseppi Huron Band of Potawatomi, FireKeepers’ owners, on Friday morning presented a check for $1,933,683.41 to the FireKeepers Local Revenue Sharing Board. That money will reimburse local governments for increased costs attributable to the Emmett Township casino or the tribe’s Pine Creek Reservation in Athens Township, and also for revenue lost because tribal land is untaxable.

The money represents 2 percent of the casino’s slot revenue from its Aug. 5 opening to the Dec. 31 close of its fiscal year. The tribe is required to pay that money to local governments through a compact with the state.

The money is more than double what the tribe expected to pay the LRSB.

“We thought for a year we would be presenting $2 million,” said Laura Spurr, Tribal Council chairwoman. “This is for five months.”

“This money is to help us better the entire community,” said Mike Rae, the Calhoun County board chairman who on Friday was elected chairman of the LRSB. He spoke to the board via speakerphone from Florida. Continue reading →

Colusa Ninth Circuit Briefing

Matthew L.M. Fletcher3 Comments

This case might be sitting around for a while, so to tide you over….

California Opening Brief

Colusa Opposition Brief

Picayune Rancheria Answering Brief

CNIGA Amicus Brief

California Assn of Tribal Govts Amicus Brief

Rincon Band Amicus Brief

San Pasqual Amicus Brief

Revenue Sharing Distribution for Grand Traverse Band

Matthew L.M. Fletcher

Press release here: 2% second half 2009 press release 01-27-10.

City of Duluth v. Fond du Lac Band Dispute over Revenue Sharing

Matthew L.M. Fletcher1 Comment

Here is the complaint by the City and the counterclaim by the Band:

Duluth Complaint

Fond du Lac Answer and Counterclaim

According to this news article (H/T Pechanga) on the case, the Band’s counterclaim for repayment of $75 million paid out to the City since 1994 would easily bankrupt the City.

The 1993 gaming compacts in Michigan derive from a negotiated settlement to a lawsuit filed by the tribes, similar to the revenue sharing agreement in this case. The outcome here could affect future Michigan compact negotiations, as well as the viability of the Michigan compacts.

NYTs: States Face Drop in Casino Revenues

Matthew L.M. Fletcher

From the NYTs (graphic):

CINCINNATI — Casinos and lotteries in most states are reporting a downturn in revenue for the first time, resulting in a drop in the money collected by state and local governments, according to new state data.

The decline comes as states are rapidly expanding gambling in hopes of stemming severe budget shortfalls, and it indicates that gambling is not insulated from broader economic forces like recessions, as has been argued in the past.

The drop has led some gambling experts to wonder whether the industry is reaching market saturation, whereby a limited number of gamblers with a fixed amount of money to bet is being split across a growing number of gambling options.

States that have been invested in gambling the longest have been hit hardest. Illinois reported a $166 million drop in tax revenue in fiscal year 2009, from 2008; Nevada had a $122 million drop, and New Jersey $62 million.

Continue reading →

SCT Denies Cert in California Revenue Sharing Cases

Matthew L.M. Fletcher

The Supreme Court denied cert earlier this week in two of the cases that are part of a trilogy of California gaming cases (here is the Court’s order list). Those cases were docket nos. 08-931 (CACHIL DEHE BAND OF WINTUN) and 08-1030 (RINCON BAND OF LUISENO MISSION). A third petition is still pending, but one expects that one to be denied as well (no. 08-1208 — San Pasqual).

All of the petitions are available here.

GTB Revenue Sharing News Coverage

Matthew L.M. Fletcher

From the Traverse City Record-Eagle:

TRAVERSE CITY — For at least four years, Toni Ferris’ special education students built self-esteem and coordination through regular swimming lessons.

But this year’s lessons nearly didn’t happen: The grant-supported program, designed for students with mild cognitive impairments in Traverse City Area Public Schools, didn’t receive funding by the start of the school year.

So Ferris, their teacher at the former Glenn Loomis Elementary, applied again, and received about $9,500 from the Grand Traverse Band of Ottawa and Chippewa Indians shortly before Valentine’s Day.

The funds will help about 50 students with disabilities swim at the Grand Traverse County Civic Center pool from late April through mid-June.

Continue reading →