Bill Text: CA AB1020 | 2011-2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Tribal gaming: compact ratification.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-06-13 - Chaptered by Secretary of State - Chapter 27, Statutes of 2011. [AB1020 Detail]
Download: California-2011-AB1020-Amended.html
Bill Title: Tribal gaming: compact ratification.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-06-13 - Chaptered by Secretary of State - Chapter 27, Statutes of 2011. [AB1020 Detail]
Download: California-2011-AB1020-Amended.html
BILL NUMBER: AB 1020 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Chesbro
( Principal coauthor: Senator
Evans )
FEBRUARY 18, 2011
An act to amend Section 1179 of the Health and Safety
Code, relating to public health. An act to repeal and
add Section 12012.54 of the Government Code, relating to tribal
gaming.
LEGISLATIVE COUNSEL'S DIGEST
AB 1020, as amended, Chesbro. Rural health.
Tribal gaming: compact ratification.
Existing federal law, the Indian Gaming Regulatory Act, provides
for the negotiation and execution of tribal-state gaming compacts for
the purpose of authorizing certain types of gaming on Indian lands
within a state. The California Constitution authorizes the Governor
to negotiate and conclude compacts, subject to ratification by the
Legislature. Existing law ratified the tribal-state gaming compact
entered into between the State of California and the Habematolel Pomo
of Upper Lake, executed on September 2, 2009, but which was later
rejected by the federal Bureau of Indian Affairs.
The California Environmental Quality Act (CEQA) requires a lead
agency to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project, as
defined, that it proposes to carry out or approve that may have a
significant effect on the environment, as defined, or to adopt a
negative declaration if it finds that the project will not have that
effect.
This bill would repeal the ratification of the tribal-state gaming
compact entered into between the State of California and the
Habematolel Pomo of Upper Lake, executed on September 2, 2009, and
would ratify a new tribal-state gaming compact entered into between
the State of California and the Habematolel Pomo of Upper Lake,
executed on March 17, 2011. The bill would require that related
revenue contributions be deposited into the General Fund, except as
specified, and would also provide that, in deference to tribal
sovereignty, certain actions may not be deemed projects for purposes
of the California Environmental Quality Act. By imposing additional
duties on a lead agency with regard to the implementation of CEQA
requirements, this bill would increase the service provided by a
local agency, thereby creating a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law requires the Secretary of California Health and Human
Services to establish an Office of Rural Health within the agency
and sets forth its powers and duties relating to promoting a strong
working relationship between state government, prescribed entities,
and rural consumers and relating to developing health initiatives and
maximizing existing resources without duplication. Existing law
makes related findings and declarations, including, but not limited
to, recognizing the need to take a comprehensive approach to
strengthen and coordinate rural health programs and health care
delivery systems.
This bill would make a technical, nonsubstantive change.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12012.54 of the
Government Code is repealed.
12012.54. (a) The tribal-state gaming compact entered into in
accordance with the Indian Gaming Regulatory Act of 1988 (18 U.S.C.
Secs. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.) between
the State of California and the Habematolel Pomo of Upper Lake,
executed on September 2, 2009, is hereby ratified.
(b) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):
(A) The execution of an amendment to the tribal-state gaming
compact ratified by this section.
(B) The execution of the tribal-state gaming compact ratified by
this section.
(C) The execution of an intergovernmental agreement between a
tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the tribal-state
gaming compact ratified by this section.
(D) The execution of an intergovernmental agreement between a
tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the tribal-state gaming compact ratified by this section.
(E) The on-reservation impacts of compliance with the terms of the
tribal-state gaming compact ratified by this section.
(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.
(2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, or city and
county, or the California Department of Transportation, from the
requirements of the California Environmental Quality Act.
(c) Revenue contributions made to the state by the tribe pursuant
to the tribal-state gaming compact ratified by this section shall be
deposited in the General Fund, except as otherwise provided by the
compact or by a statute directing that a portion of the revenue
contributions be deposited in a special fund.
SEC. 2. Section 12012.54 is added to the
Government Code , to read:
12012.54. (a) The tribal-state gaming compact entered into in
accordance with the Indian Gaming Regulatory Act of 1988 (18 U.S.C.
Secs. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.) between
the State of California and the Habematolel Pomo of Upper Lake,
executed on March 17, 2011, is hereby ratified.
(b) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):
(A) The execution of an amendment to the tribal-state gaming
compact ratified by this section.
(B) The execution of the tribal-state gaming compact ratified by
this section.
(C) The execution of an intergovernmental agreement between a
tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the tribal-state
gaming compact ratified by this section.
(D) The execution of an intergovernmental agreement between a
tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the tribal-state gaming compact ratified by this section.
(E) The on-reservation impacts of compliance with the terms of the
tribal-state gaming compact ratified by this section.
(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.
(2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, or city and
county, or the California Department of Transportation, from the
requirements of the California Environmental Quality Act.
(c) Revenue contributions made to the state by the tribe pursuant
to the tribal-state gaming compact ratified by this section shall be
deposited in the General Fund, except as otherwise provided by the
compact or by a statute directing that a portion of the revenue
contributions be deposited in a special fund.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.
SECTION 1. Section 1179 of the Health and
Safety Code is amended to read:
1179. The Legislature finds and declares all of the following:
(a) Outside of California's four major metropolitan areas, the
majority of the state is rural. In general, the rural population is
older, sicker, poorer, and more likely to be unemployed, uninsured,
or underinsured. The lack of primary care, specialty providers and
transportation continue to be significant barriers to access to
health services in rural areas.
(b) There is no coordinated or comprehensive plan of action for
rural health care in California to ensure the health of California's
rural residents. Most of the interventions that have taken place on
behalf of rural communities have been limited in scope and purpose
and were not conceived or implemented with any comprehensive or
systematic approach in mind. Because health planning tends to focus
on approaches for population centers, the unique needs of rural
communities may not be addressed. A comprehensive plan and approach
is necessary to obtain federal support and relief, as well as to
realistically institute state and industry interventions.
(c) Rural communities lack the resources to make the transition
from present practices to managed care, and to make other changes
that may be necessary as the result of health care reform efforts.
With numerous health care reform proposals being debated and with the
extensive changes in the current health care delivery system, a
comprehensive and coordinated analysis must take place regarding the
impact of these proposals on rural areas.
(d) Rural areas lack the technical expertise and resources to
improve and coordinate their local data collection activities, which
are necessary for well-targeted health planning, program development,
and resource development. Data must be available to local
communities to enable them to plan effectively.
(e) The Legislature recognizes the need to take a comprehensive
approach to strengthen and coordinate rural health programs and
health care delivery systems in order to accomplish both of the
following:
(1) Facilitate access to high quality health care for California's
rural communities.
(2) Promote coordinated planning and policy development among
state departments and between the State and local public and private
providers.
