Bill Text: CA AB2358 | 2015-2016 | Regular Session | Chaptered
Bill Title: Tribal gaming: compact ratification.
Spectrum: Bipartisan Bill
Status: (Passed) 2016-09-12 - Chaptered by Secretary of State - Chapter 298, Statutes of 2016. [AB2358 Detail]
Download: California-2015-AB2358-Chaptered.html
BILL NUMBER: AB 2358 CHAPTERED
BILL TEXT
CHAPTER 298
FILED WITH SECRETARY OF STATE SEPTEMBER 12, 2016
APPROVED BY GOVERNOR SEPTEMBER 12, 2016
PASSED THE SENATE AUGUST 16, 2016
PASSED THE ASSEMBLY AUGUST 23, 2016
AMENDED IN SENATE AUGUST 9, 2016
AMENDED IN SENATE JUNE 23, 2016
AMENDED IN SENATE JUNE 21, 2016
AMENDED IN ASSEMBLY MAY 27, 2016
INTRODUCED BY Assembly Members Gonzalez and Waldron
(Principal coauthors: Senators Galgiani, Hall, and Stone)
FEBRUARY 18, 2016
An act to add Section 12012.74 to the Government Code, relating to
tribal gaming, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2358, Gonzalez. Tribal gaming: compact ratification.
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 expressly ratifies a
number of tribal-state gaming compacts, and amendments to
tribal-state gaming compacts, between the State of California and
specified Indian tribes.
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 ratify the tribal-state gaming compact entered
into between the State of California and the Pechanga Band of Luiseņo
Mission Indians, executed on August 4, 2016. The bill would provide
that, in deference to tribal sovereignty, certain actions are not
projects for the purposes of CEQA.
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 12012.74 is added to the Government Code, to
read:
12012.74. (a) The tribal-state gaming compact entered into in
accordance with the federal Indian Gaming Regulatory Act of 1988 (18
U.S.C. Secs. 1166 to 1168, inclusive, and 25 U.S.C. Sec. 2701 et
seq.) between the State of California and the Pechanga Band of
Luiseņo Mission Indians, executed on August 4, 2016, 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.
(G) The operation of an off-track satellite wagering facility
pursuant to the Off-Track Satellite Wagering Facilities Compact
ratified by this section.
(2) Except as expressly provided herein, this subdivision does not
exempt a city, county, or city and county, or the Department of
Transportation, from the requirements of the California Environmental
Quality Act.
SEC. 2. 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 enhance the economic development, stability, and
self-sufficiency of the Pechanga Band of Luiseņo Mission Indians and
to protect the interests of the tribe and its members, the
surrounding community, and the California public at the earliest
possible time, it is necessary that this act take effect immediately.
