Bill Text: CA SB1019 | 2015-2016 | Regular Session | Introduced
Bill Title: Indian gaming compacts.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2016-11-30 - From committee without further action. [SB1019 Detail]
Download: California-2015-SB1019-Introduced.html
BILL NUMBER: SB 1019 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Berryhill
FEBRUARY 11, 2016
An act to amend Section 12012.5 of the Government Code, relating
to gaming.
LEGISLATIVE COUNSEL'S DIGEST
SB 1019, as introduced, Berryhill. Indian gaming compacts.
Existing law expressly ratifies specified tribal-state gaming
compacts entered in accordance with the federal Indian Gaming
Regulatory Act of 1988. Existing law further sets forth the
procedures by which a materially identical compact entered into
between the State of California and any other federally recognized
Indian tribe may be ratified.
This bill would make technical, nonsubstantive changes to those
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12012.5 of the Government Code is amended to
read:
12012.5. (a) The following tribal-state compacts entered in
accordance with the Indian Gaming Regulatory Act of 1988 (18 U.S.C.
Sec. 1166 et seq. and 25 U.S.C. Sec. 2701 et seq.) are hereby
ratified:
(1) The compact between the State of California and the Barona
Band of Mission Indians, executed on August 12, 1998.
(2) The compact between the State of California and the Big Sandy
Rancheria of Mono Indians, executed on July 20, 1998.
(3) The compact between the State of California and the Cher-Ae
Heights Indian Community of Trinidad Rancheria, executed on July 13,
1998.
(4) The compact between the State of California and the Jackson
Rancheria Band of Miwuk Indians, executed on July 13, 1998.
(5) The compact between the State of California and the Mooretown
Rancheria of Concow/Maidu Indians, executed on July 13, 1998.
(6) The compact between the State of California and the Pala Band
of Mission Indians, as approved by the Secretary of the Interior on
April 25, 1998.
(7) The compact between the State of California and the Redding
Rancheria, executed on August 11, 1998.
(8) The compact between the State of California and the Rumsey
Indian Rancheria of Wintun Indians of California, executed on July
13, 1998.
(9) The compact between the State of California and the Sycuan
Band of Mission Indians, executed on August 12, 1998.
(10) The compact between the State of California and the Table
Mountain Rancheria, executed on July 13, 1998.
(11) The compact between the State of California and the Viejas
Band of Kumeyaay Indians, executed on or about August 17, 1998.
The terms of each compact apply only to the State of California
and the tribe that has signed it, and the terms of these compacts
do shall not bind any tribe that is not
a signatory to any of the compacts.
(b) Any other compact entered into between the State of California
and any other federally recognized Indian tribe which is executed
after August 24, 1998, is hereby ratified if (1) the compact is
identical in all material respects to any of the compacts ratified
pursuant to subdivision (a), and (2) the compact is not rejected by
each house of the Legislature, two-thirds of the membership thereof
concurring, within 30 days of the date of the submission of the
compact to the Legislature by the Governor. However, if the 30-day
period ends during a joint recess of the Legislature, the period
shall be extended until the fifteenth day following the day on which
the Legislature reconvenes. A compact will be deemed to be materially
identical to a compact ratified pursuant to subdivision (a) if the
Governor certifies that it is materially identical at the time he or
she submits it to the Legislature.
(c) 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
compacts ratified pursuant to subdivision (a). These compacts shall
be ratified upon approval of each house of the Legislature, a
majority of the membership thereof concurring.
(d) The Governor is the designated state officer responsible for
negotiating and executing, on behalf of the state, tribal-state
gaming compacts with federally recognized Indian tribes in the State
of California pursuant to the federal Indian Gaming Regulatory Act of
1988 (18 U.S.C. Sec. 1166 et seq. and 25 U.S.C. Sec. 2701 et seq.)
for the purpose of authorizing class III gaming, as defined in that
act, on Indian lands. Nothing in this section shall be construed to
deny the existence of the Governor's authority to have negotiated and
executed tribal-state compacts prior to
before the effective date of this section.
(e) The Governor is authorized to waive the state's immunity to
suit in federal court in connection with any compact negotiated with
an Indian tribe or any action brought by an Indian tribe under the
Indian Gaming Regulatory Act (18 U.S.C. Sec. 1166 et seq. and 25
U.S.C. Sec. 2701 et seq.).
(f) In deference to tribal sovereignty, the execution of, and
compliance with the terms of, any compact specified under subdivision
(a) or (b) shall not be deemed to constitute a project for purposes
of the California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code).
(g) Nothing in this section shall be interpreted to authorize the
unilateral imposition of a statewide limit on the number of lottery
devices or of any allocation system for lottery devices on any Indian
tribe that has not entered into a compact that provides for such a
limit or allocation system. Each tribe may negotiate separately with
the state over these matters on a government-to-government basis.
