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TORT "UN-REFORM" PROPOSAL GAMBLING COMMISSION TO CONSIDER STILL LIVES "NET WIN" DEFINITIONS Last week we reported about a new proposal Cities wffh a tribal casino located within, or by the trial lawyers that would combine a number adjacent to, their boundaries, may wish to consider of separate tort reform bills into one package, thus sending a letter to the California Gambling Control virtually eliminating the ability of legislators to vote Commission expressing their interest in the individual bills up or down. Of particular interest Commission's adoption of the Amedcan Institute of and concern to cities are two pieces of this pack- Certified Public Accountants (AICPA) definition of "net age: changes to summary judgment law and an win" (a percentage of tribal casino slot machine extension of the statute of limitation for filing revenues). personal injury lawsuits. Unfortunately, even at this late date in the legislative year, there is no On August 27, 2002, the Commission will discuss language to review, and no bill number. The their interpretation of those sections of the Tribal- summary judgment piece of the bill may include all State Gaming Compact (Compact) related to the or parts of what is currently in SB 476 (Escutia), "net win." Current law authorizes the legislature to which stalled in the Assembly. allocate a percentage of "net win" revenues to local governments for mitigation of tdbal gaming impacts. The impacts of changes in the summary Therefore, the Commission's ultimate interpretation judgment law, no matter how narrowly or broadly of "net win" will directly impact the amount of money drafted, could have profound impacts on local available for allocation. governments faced with frivolous lawsuits. Nar- rowing the'law would make it more difficult for Given the current allocation formula in the Corm cities to have meritless lawsuits dismissed (i.e., pact, there should be approximately $40-$80 million obtain a summary judgment), in the Fund when monies are transferred for the first time in 2002 (two years from the effective date of the Cities should continue to make their voices Compact). This broad estimate accounts for heard on this ill-conceived and costly proposal that potentially vaded interpretations of the definition of could impact city budgets. Immediate phone "net win." According to Commission staff, who have calls to Assembly Members and Senators ars utilized the AICPA definition of net win, the deductions needed. Tell your legislators to oppose any tdbes have insisted should be included within the proposal that makes changes to existing law definition of"net win" are related to operating ex- regarding summary judgment or the statute of penses rather than a revenue-reporting concept, and limitation on personal injury lawsuits. Staff: therefore underestimate "net win." Yvonne Hunter; Status: Pending in Assembly; Position: Oppose Following a recent Commission meeting, the League sent a letter to the Commission requesting adoption of the AICPA definition of net win. This is the first step in the process of ultimately receiving funding for cdtical transportation and public safety projects related to tdbal gaming in communities throughout the state. If you ara interested in receiv- ing a copy of the League letter, please contact Aaron Ferguson, 916/658-8249, fergusa~,cacities.or.q. If you ara interested in attending the Commission meeting on August 27, visit www. cgcc.ca..qov for additional information. Restore ano protect tocal control for cities t,~rough education and advocacy to enhance the quality Of life for all Californians, PAGE 2/PRIORITY FOCUS Visit the League's Official Web Site--www.cacities.org