Bill Text: CA AB1418 | 2011-2012 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Tribal gaming: compact ratification.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-10-02 - Chaptered by Secretary of State - Chapter 412, Statutes of 2011. [AB1418 Detail]

Download: California-2011-AB1418-Enrolled.html

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BILL NUMBER: AB 1418	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 8, 2011
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2011
	AMENDED IN SENATE  AUGUST 31, 2011

INTRODUCED BY   Assembly Member Hall

                        MARCH 21, 2011

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1418, Hall. 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. Existing
law ratifies the tribal-state gaming compact entered into between
the State of California and the Pinoleville Pomo Nation executed on
March 9, 2009.
   This bill would repeal those provisions ratifying the tribal-state
gaming compact entered into between the State of California and
Pinoleville Pomo Nation, executed on March 9, 2009. The bill would
instead ratify the tribal-state gaming compact entered into between
the State of California and the Pinoleville Pomo Nation, executed on
August 8, 2011.
   Existing law, the California Environmental Quality Act (CEQA),
requires a lead agency to prepare, or cause to be prepared, and
certify 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 provide that, in deference to tribal sovereignty,
certain actions shall not be deemed projects for purposes of CEQA. By
imposing additional duties on a lead agency with regard to the
implementation of CEQA requirements, this bill would impose 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.
   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.  Section 12012.551 of the Government Code is repealed.
  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
August 8, 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 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 Department of Transportation, from the requirements of
the California Environmental Quality Act.
  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.
  SEC. 4.  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.