Bill Text: CA AB517 | 2011-2012 | Regular Session | Chaptered

California Assembly Bill 517 (Prior Session Legislation)

Bill Title: Tribal gaming: compact ratification.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-05-17 - Chaptered by Secretary of State - Chapter 12, Statutes of 2012. [AB517 Detail]

Download: California-2011-AB517-Chaptered.html

BILL NUMBER: AB 517	CHAPTERED
	BILL TEXT

	CHAPTER  12
	FILED WITH SECRETARY OF STATE  MAY 17, 2012
	APPROVED BY GOVERNOR  MAY 17, 2012
	PASSED THE SENATE  MAY 7, 2012
	PASSED THE ASSEMBLY  MAY 10, 2012
	AMENDED IN SENATE  APRIL 26, 2012

INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 15, 2011

   An act to add Section 12012.56 to the Government Code, relating to
tribal gaming, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 517, 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 Federated Indians of
Graton Rancheria, executed on March 27, 2012. The bill would provide
that, in deference to tribal sovereignty, certain actions may not be
deemed projects for purposes of CEQA. By imposing additional duties
on a lead agency with regard to the implementation of CEQA
requirements, this bill would increase the service provided by a
local agency, thereby creating a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   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 12012.56 is added to the Government Code, to
read:
   12012.56.  (a) 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 Federated Indians of Graton
Rancheria, executed on March 27, 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 tribal-state gaming
compact ratified by this section.
   (B) The execution of the 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 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
tribal-state gaming compact ratified by this section.
   (E) The on-reservation impacts of compliance with the terms of the
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 herein, nothing in this
subdivision shall be construed to exempt a city, county, or city and
county, or the Department of Transportation, from the requirements of
the California Environmental Quality Act.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
  SEC. 3.  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 allow the revenues from this act to be eligible for
revenue sharing at the earliest possible time to address some of the
state's pressing budget issues, it is necessary that this act take
effect immediately.