Bill Text: CA AB2662 | 2023-2024 | Regular Session | Amended
Bill Title: Sale of agricultural land: tribal first right of refusal.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-04-01 - Re-referred to Com. on AGRI. [AB2662 Detail]
Download: California-2023-AB2662-Amended.html
Amended
IN
Assembly
March 21, 2024 |
Introduced by Assembly Member Mathis |
February 14, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
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 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. Existing law authorizes moneys in that fund to be used for certain purposes, including compensation for regulatory costs incurred in connection with implementing and administering tribal-state gaming compacts.
This bill would make technical, nonsubstantive changes to these provisions governing the fund.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Article 1.9 (commencing with Section 1103.50) is added to Chapter 2 of Title 4 of Part 4 of Division 2 of the Civil Code, to read:Article 1.9. Tribal First Right of Refusal
1103.50.
For purposes of this article, the following definitions apply:1103.51.
(a) Notwithstanding any other law, a property owner selling agricultural land within an area of cultural and traditionally significant land shall send, before selling or participating in negotiations to sell that agricultural land to a prospective buyer, a notice of first right of refusal for the agricultural land to a California Native American tribe affiliated with the cultural and traditionally significant land within the area of the agricultural land.1103.52.
If a California Native American tribe purchases agricultural land in accordance with this article, the tribe shall continue to use the agricultural land for agricultural purposes.(a)There is hereby created in the State Treasury a fund called 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 tribal-state gaming compacts. These moneys shall be available for appropriation by the Legislature for the following purposes:
(1)Grants, including any administrative costs, for programs designed to address gambling addiction.
(2)Grants, including any administrative costs, for the support of state and local government agencies impacted by tribal government gaming.
(3)Compensation for regulatory costs incurred by the
state gaming agency and the Department of Justice in connection with
implementing and administering tribal-state gaming compacts.
(4)Payment of shortfalls that may occur in the Indian Gaming Revenue Sharing Trust Fund. This shall be the priority use of moneys in the Indian Gaming Special Distribution Fund.
(5)Disbursements for the purpose of implementing the terms of tribal labor relations ordinances promulgated in accordance with the terms of tribal-state gaming compacts ratified pursuant to Chapter 874 of the Statutes of 1999. No more than 10 percent of the funds appropriated in the Budget Act of 2000 for implementation of tribal labor relations ordinances promulgated in accordance with those compacts shall be expended in the selection of the Tribal Labor Panel. The Department of Human Resources shall consult with and seek input
from the parties prior to any expenditure for purposes of selecting the Tribal Labor Panel. Other than the cost of selecting the Tribal Labor Panel, there shall be no further disbursements until the Tribal Labor Panel, which is selected by mutual agreement of the parties, is in place.
(6)Any other purpose specified by law.
(b)Priority for funding from the Indian Gaming Special Distribution Fund is in the following descending order:
(1)An appropriation to the Indian Gaming Revenue Sharing Trust Fund in an aggregate amount sufficient to make payments of any shortfalls that may occur in the Indian Gaming Revenue Sharing Trust Fund.
(2)An appropriation to the
Office of Problem Gambling within the State Department of
Public Health for problem gambling prevention programs.
(3)The amount appropriated in the annual Budget Act for allocation between the Department of Justice and the California Gambling Control Commission for regulatory functions that directly relate to Indian gaming.
(4)An appropriation for the support of local government agencies impacted by Indian gaming.