Bill Text: CA AB277 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Tribal gaming: compact ratification.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2013-07-03 - Chaptered by Secretary of State - Chapter 51, Statutes of 2013. [AB277 Detail]

Download: California-2013-AB277-Chaptered.html

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BILL NUMBER: AB 277	CHAPTERED
	BILL TEXT

	CHAPTER  51
	FILED WITH SECRETARY OF STATE  JULY 3, 2013
	APPROVED BY GOVERNOR  JULY 3, 2013
	PASSED THE SENATE  JUNE 27, 2013
	PASSED THE ASSEMBLY  MAY 2, 2013
	AMENDED IN ASSEMBLY  MARCH 21, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Hall
   (Principal coauthor: Assembly Member Chesbro)

                        FEBRUARY 11, 2013

   An act to add Section 12012.59 to the Government Code, relating to
tribal gaming.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 277, Hall. 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 of
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 North Fork Rancheria
Band of Mono Indians, executed on August 31, 2012. The bill would
also ratify the tribal-gaming compact entered into between the State
of California and the Wiyot Tribe, executed on March 20, 2013. The
bill would provide that, in deference to tribal sovereignty, certain
actions are not projects for purposes of CEQA.


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

  SECTION 1.  Section 12012.59 is added to the Government Code, to
read:
   12012.59.  (a) (1) 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 North Fork Rancheria
Band of Mono Indians, executed on August 31, 2012, is hereby
ratified.
   (2) 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 Wiyot Tribe, executed on
March 20, 2013, 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
compacts ratified by this section.
   (B) The execution of the tribal-state gaming compacts 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 compacts 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 compacts ratified by this section.
   (E) The on-reservation impacts of compliance with the terms of the
tribal-state gaming compacts 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, 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.