Bill Text: CA SB1356 | 2013-2014 | Regular Session | Chaptered

California Senate Bill 1356 (Prior Session Legislation)

Bill Title: Tribal gaming: compact ratification.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Passed) 2014-09-09 - Chaptered by Secretary of State. Chapter 314, Statutes of 2014. [SB1356 Detail]

Download: California-2013-SB1356-Chaptered.html

BILL NUMBER: SB 1356	CHAPTERED
	BILL TEXT

	CHAPTER  314
	FILED WITH SECRETARY OF STATE  SEPTEMBER 9, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 9, 2014
	PASSED THE SENATE  AUGUST 25, 2014
	PASSED THE ASSEMBLY  AUGUST 22, 2014
	AMENDED IN ASSEMBLY  AUGUST 18, 2014
	AMENDED IN SENATE  APRIL 10, 2014

INTRODUCED BY   Senator De Le�n
   (Principal coauthors: Assembly Members Atkins, Gatto, and Hall)
   (Coauthors: Senators Anderson, Correa, Hueso, and Lara)
   (Coauthors: Assembly Members Ian Calderon, Dababneh, and Roger
Hern�ndez)

                        FEBRUARY 21, 2014

   An act to add Section 12012.64 to the Government Code, relating to
tribal gaming, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1356, De Le�n. 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 amendment to the tribal-state gaming
compact entered into between the State of California and the Viejas
Band of Kumeyaay Indians, executed on August 12, 2014. The bill would
provide that, in deference to tribal sovereignty, certain actions
related to that amended compact are not projects for 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 12012.64 is added to the Government Code, to
read:
   12012.64.  (a) The amendment to 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 Viejas
Band of Kumeyaay Indians, executed on August 12, 2014, 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 amended 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 amended
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 amended
tribal-state gaming compact ratified by this section.
   (E) The on-reservation impacts of compliance with the terms of the
amended 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 in this section, 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 Viejas Band of Kumeyaay 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.