Bill Text: CA AB1267 | 2013-2014 | Regular Session | Chaptered
Bill Title: Tribal gaming: compact ratification.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2013-05-30 - Chaptered by Secretary of State - Chapter 6, Statutes of 2013. [AB1267 Detail]
Download: California-2013-AB1267-Chaptered.html
BILL NUMBER: AB 1267 CHAPTERED
BILL TEXT
CHAPTER 6
FILED WITH SECRETARY OF STATE MAY 30, 2013
APPROVED BY GOVERNOR MAY 30, 2013
PASSED THE SENATE MAY 16, 2013
PASSED THE ASSEMBLY MAY 1, 2013
AMENDED IN ASSEMBLY APRIL 29, 2013
INTRODUCED BY Assembly Member Hall
(Coauthor: Assembly Member Bigelow)
(Coauthor: Senator Gaines)
FEBRUARY 22, 2013
An act to add Sections 12012.58 and 12012.585 to the Government
Code, relating to tribal gaming, making an appropriation therefor,
and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1267, 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, including the Shingle Springs Band of Miwok
Indians.
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 Shingle
Springs Band of Miwok Indians, executed on November 15, 2012. The
bill would provide that, in deference to tribal sovereignty, certain
actions may not be deemed projects for purposes of CEQA.
This bill would create the Shingle Springs Band of Miwok Indians
Trust Fund in the State Treasury as a special purpose trust fund, to
be administered by the California Gambling Control Commission, for
the receipt and deposit of revenue payments received by the state
from the Shingle Springs Band of Miwok Indians pursuant to the
amended tribal-state gaming compact ratified by this measure and any
trust fund agreement executed by the state and the tribe pursuant to
that tribal-state gaming compact. The bill would continuously
appropriate from the trust fund to the commission the amount
necessary for specific purposes enumerated in that tribal-state
gaming compact and trust fund agreement, including governmental
operations of the tribe and reduction of the tribe's existing debt
related to its gaming facility. The bill would provide for the
termination of the trust fund on January 1, 2016, or another date, as
specified. The bill would provide for the transfer of the amount of
revenue payments made by the tribe to the state during the period
between July 1, 2012, and the date the amended tribal-state gaming
compact ratified by this measure becomes effective, from the General
Fund to the trust fund as an initial deposit pursuant to the terms of
that tribal-state gaming compact and any trust fund agreement.
This bill would declare that it is to take effect immediately as
an urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12012.58 is added to the Government Code, to
read:
12012.58. (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, incl., and 25 U.S.C. Sec.
2701 et seq.) between the State of California and the Shingle Springs
Band of Miwok Indians, executed on November 15, 2012, 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 amended 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 paragraph, 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. Section 12012.585 is added to the Government Code, to
read:
12012.585. (a) The Shingle Springs Band of Miwok Indians Trust
Fund is hereby created in the State Treasury as a special purpose
trust fund for the receipt and deposit of revenue payments received
by the state from the Shingle Springs Band of Miwok Indians pursuant
to the terms of the amended tribal-state gaming compact ratified
pursuant to Section 12012.58 and any trust fund agreement executed by
the state and the tribe pursuant to that tribal-state gaming
compact. The trust fund shall be administered by the California
Gambling Control Commission.
(b) Notwithstanding Section 13340, there is continuously
appropriated without regard to fiscal years, from the trust fund to
the California Gambling Control Commission, the amount necessary for
the specific purposes enumerated in the tribal-state gaming compact
ratified pursuant to Section 12012.58 and any trust fund agreement
executed by the state and the tribe pursuant to that tribal-state
gaming compact, including, but not limited to, both of the following
purposes:
(1) Governmental operations of the tribe, including, but not
limited to, tribal administration, distributions, health care,
education, and economic development.
(2) Reduction of the tribe's existing debt related to its gaming
facility, including, but not limited to, the payment of reasonable
costs paid by the tribe or gaming operation in connection with
refinancing or restructuring its debt load and any related litigation
or administrative proceedings, including attorney's fees.
(c) Funds expended from the trust fund shall be used exclusively
for the purposes enumerated in the amended tribal-state gaming
compact ratified pursuant to Section 12012.58 and any trust fund
agreement executed by the state and the tribe pursuant to that
tribal-state gaming compact.
(d) Funds deposited into the trust fund shall accrue interest at
the rate earned by moneys invested in the Pooled Money Investment
Account from the date of deposit until appropriated pursuant to
subdivision (b).
(e) The trust fund shall terminate on January 1, 2016, or a later
date if agreed to by the parties by written agreement. The state and
the tribe may terminate the trust fund by written agreement at any
earlier date if the parties determine that it has served its intended
purpose.
(f) Any funds remaining in the trust fund at the time it is
terminated shall revert to the tribe.
(g) The California Gambling Control Commission has no duties,
responsibilities, or obligations related to the trust fund other than
those expressly set forth in the amended tribal-state gaming compact
ratified pursuant to Section 12012.58 and any trust fund agreement
executed by the state and the tribe pursuant to that tribal-state
gaming compact. Consistent with its duties pursuant to the Indian
Gaming Revenue Sharing Trust Fund or any other similar fund, the
California Gambling Control Commission is not a trustee subject to
the duties and liabilities contained in the Probate Code, similar
federal or state statutes, rules, or regulations, or under federal or
state common law or equitable principles.
SEC. 3. The amount of the revenue sharing payments made by the
Shingle Springs Band of Miwok Indians to the state pursuant to
Section 4.3.1 of the amended tribal-state gaming compact between the
tribe and the state ratified pursuant to Section 12012.53 of the
Government Code, during the period between July 1, 2012, and the date
the amended tribal-state gaming compact between the tribe and the
state ratified pursuant to Section 12012.58 of the Government Code
becomes effective, inclusive, is transferred from the General Fund to
the Shingle Springs Band of Miwok Indians Trust Fund, established
pursuant to Section 12012.585 of the Government Code, as an initial
deposit pursuant to the terms of the amended tribal-state gaming
compact ratified pursuant to Section 12012.58 of the Government Code
and any trust fund agreement executed by the state and the tribe
pursuant to that tribal-state gaming compact.
SEC. 4. 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, long-term stability,
and self-sufficiency of the Shingle Springs Band of Miwok Indians
and to protect the interests of the tribe and its members, the
surrounding community, and the California public, it is necessary for
this act to take effect immediately.
