Bill Text: CA AB122 | 2009-2010 | Regular Session | Chaptered

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Bill Title: Tribal gaming: compact ratification.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-02-09 - Chaptered by Secretary of State - Chapter 3, Statutes of 2010. [AB122 Detail]

Download: California-2009-AB122-Chaptered.html

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BILL NUMBER: AB 122	CHAPTERED
	BILL TEXT

	CHAPTER  3
	FILED WITH SECRETARY OF STATE  FEBRUARY 9, 2010
	APPROVED BY GOVERNOR  FEBRUARY 9, 2010
	PASSED THE SENATE  DECEMBER 17, 2009
	PASSED THE ASSEMBLY  JANUARY 25, 2010
	AMENDED IN SENATE  SEPTEMBER 10, 2009
	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  APRIL 14, 2009
	AMENDED IN ASSEMBLY  MARCH 24, 2009
	AMENDED IN ASSEMBLY  MARCH 17, 2009

INTRODUCED BY   Assembly Member Coto

                        JANUARY 15, 2009

   An act to add Section 12012.551 to the Government Code, relating
to gaming, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 122, Coto. 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 expressly ratifies a number of tribal-state
gaming compacts, and amendments of tribal-state gaming compacts,
between the State of California and specified Indian tribes.
   This bill would ratify the tribal-state gaming compact entered
into between the State of California and the Pinoleville Pomo Nation,
executed on March 10, 2009. 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.
   This bill would declare that it is to take effect immediately as
an urgency statute.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares the following:
   (a) The terms of the tribal-state gaming compact ratified by this
act apply only to the State of California and the tribe that has
signed it, and the terms of the compact ratified by this act do not
bind any other tribe.
   (b) The Legislature acknowledges the right of federally recognized
tribes to exercise their sovereignty to negotiate and enter into
compacts with the state that are materially different from the
compact ratified pursuant to Section 12012.551 of the Government
Code.
  SEC. 2.  Section 12012.551 is added to the Government Code, to
read:
   12012.551.  (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 Pinoleville Pomo Nation, executed on
March 10, 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. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to allow the revenues from this act to be eligible for
revenue sharing at the earliest possible time to address some of the
state's pressing budget issues, it is necessary that this act take
effect immediately.