Bill Text: CA AB1576 | 2009-2010 | Regular Session | Amended

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Bill Title: Tribal gaming.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-01-25 - To inactive file on motion of Senator Kehoe. [AB1576 Detail]

Download: California-2009-AB1576-Amended.html

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BILL NUMBER: AB 1576	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 10, 2009

INTRODUCED BY    Committee on Governmental Organization
  (   Price (Chair), Cook, Coto,
Evans, Galgiani, Hall, Hill, Jeffries, Lieu, Mendoza, Portantino,
Silva, Torres, Torrico, and Tran   )  
Assembly Member   Chesbro 

                        MARCH 23, 2009

    An act to add Title 16.5 (commencing with Section 98020)
to, to repeal Sections 12012.25, 12012.30, 12012.35, 12012.40,
12012.45, 12012.46, 12012.465, 12012.47, 12012.475, 12012.48,
12012.485, 12012.49, 12012.495, 12012.5, 12012.51, 12012.515,
12012.52, 12012.53, 12012.75, 12012.85, and 12012.90 of, to repeal
Chapter 7.5 (commencing with Section 12710) of Part 2 of Division 3
of Title 2 of, and to repeal Chapter 3 (commencing with Section
98055) of Title 16.5 of, the Government Code, relating to gaming.
  An act to add Section 12012.54 to the Government Code,
relating to gaming, and declaring the urgency thereof, to take
effect immediately. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1576, as amended,  Committee on Governmental
Organization   Chesbro  . Tribal gaming. 
   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 Habematolel Pomo of
Upper Lake, executed on September 2, 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.  
   Existing federal law, the Indian Gaming Regulatory Act of 1988,
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 ratifies a number of tribal-state gaming compacts
between the State of California and specified Indian tribes. Existing
law creates in the State Treasury the Indian Gaming Revenue Sharing
Trust Fund and the Indian Gaming Special Distribution Fund for the
receipt and deposit of moneys received by the state from Indian
tribes pursuant to the terms of gaming compacts entered into with the
state, and authorizes moneys in those funds to be used for certain
purposes. Existing law establishes the method of calculating the
distribution of appropriations from the Indian Gaming Special
Distribution Fund for grants to local government agencies impacted by
tribal gaming.  
   This bill would reorganize and make technical, nonsubstantive
changes to these provisions. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  no   yes  .
State-mandated local program: no.


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 12012.54 of the Government Code.

   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 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. 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.  All matter omitted in this version of the
bill appears in the bill as introduced in the Assembly March 23,
2009. (JR11)