The Rincon Band of Luise¤o Indians and Colusa Band of Wintun Indians are appealing a lower court ruling tossing out their lawsuit seeking more slot machines from the state of California. They are also taking their case to the state Legislature.

Ninth Circuit Court of Appeals judges on Wednesday questioned why a lower court tossed out a lawsuit by the two tribes. And Rincon will testify before a state Senate panel in two weeks on a bill that would allow it to increase the number of slots it offers without reopening a 1999 tribal-state gaming agreement.

State gambling regulators say the number of slot machines available to California tribal governments is frozen at 32,151, although the actual number in casinos is about double that because electronic bingo machines don't need licenses. Rincon and several other tribes say the way the number of licenses was figured is wrong, and it should be much higher.

"It's a fairness issue," Rincon Vice Chairman Bo Mazzetti told the San Diego Union- Tribune.

If Rincon gets its way on this issue - through the courts or the legislature - it will be able to add 400 slots to its inventory of 1,600 machines, reaching a state-enforced cap of 2,000 machines. Other tribes also may add slots.

An appellate court ruling is expected in three months to a year.

Meanwhile, Sen. Jim Battin, R-Palm Desert, is sponsoring legislation that would set the number of licenses statewide at 122,000. It would require the governor's signature.

--Staff reports