YES FOR ARIZONA v. WIERS, CV-02-0238-SA (Ariz. 2002)


YES FOR ARIZONA!, a registered Arizona Political Committee; COLORADO RIVER INDIAN TRIBES, Petitioners v. REP. JIM WIERS, Speaker of the House of Representatives and Co-Chair of Legislative Council; SEN. RANDALL GNANT, President of the Senate and Co-Chair of the Legislative Council; REP. KEN CHEUVRONT, Member of the Legislative Council; REP. LINDA GRAY, Member of the Legislative Council; REP. LAURA KNAPEREK, Member of the Legislative Council; REP. LEAN LANDRUM-TAYLOR, Member of the Legislative Council; REP. MARION PICKENS, Member of the Legislative Council; REP. BOB ROBSON, Member of the Legislative Council; SEN. KEN BENNETT, Member of the Legislative Council; SEN. JACK BROWN, Member of the Legislative Council; SEN. CHRIS CUMMISKEY, Member of the Legislative Council; SEN. TONI HELLON, Member of the Legislative Council; SEN. DAVID PETERSON, Member of the Legislative Council; SEN. PETER RIOS, Member of the Legislative Council; and BETSEY BAYLESS, Arizona Secretary of State, all in their official capacities, Respondents.

No. CV-02-0238-SA.Supreme Court of Arizona.
Filed August 14, 2002.

ORDER

The Court has read and considered the petition for special action, the response, and the reply filed in this matter. Upon consideration, and good cause appearing, Supreme Court No. CV-02-0238-SA.

IT IS ORDERED accepting jurisdiction and granting the requested relief.

IT IS FURTHER ORDERED requiring Respondent Betsey Bayless to strike the language to which Petitioners object from the Legislative Council’s analysis of Proposition 200, submitted for inclusion in the publicity pamphlet required by A.R.S. § 19-123, as indicated in the attachment hereto.

A written decision explaining this order will follow.

DATED this 12th day of August, 2002.

CHARLES E. JONES, Chief Justice

Attachment to Order in Supreme Court No. CV-02-0238-SA.

PROPOSITION 200 TRIBAL-STATE GAMING COMPACT, SCHOLARSHIP AND ELDERLY CARE ACT OF 2002 ANALYSIS BY LEGISLATIVE COUNCIL
Regulation — Gaming facility operators must keep surveillance logs that are open to inspection by the Arizona Department of Gaming, Tribes must investigate reported compact or tribal gaming ordinance violations and require gaming facility operators to correct violations. Tribes must notify the Arizona Department of Gaming within 48 hours when a violation is reported. Tribes must license gaming employees who are not enrolled tribal members. Tribes must also license each manufacturer and supplier of gaming devices and each person providing gaming goods and services in excess of $50,000 in any single month. The state must certify nonenrolled tribal members who are involved in gaming or financial activities, manufacturers and suppliers of gaming devices and persons providing gaming goods and services in excess of $50,000 in any single month. The tribal gaming office is authorized to conduct investigations of compact violations. The Department of Gaming has access to tribal gaming office reports.