Bill Text: CA ACR56 | 2009-2010 | Regular Session | Amended

California Assembly Concurrent Resolution 56 (Prior Session Legislation)

Bill Title: Tribal gaming: local support.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2009-08-25 - In committee: Hearing for testimony only. [ACR56 Detail]

Download: California-2009-ACR56-Amended.html
BILL NUMBER: ACR 56	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 18, 2009
	AMENDED IN ASSEMBLY  APRIL 20, 2009
	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Huffman
    (   Principal coauthor: 
 Senator   Pavley   )

    (   Coauthors:  
Assembly Members   Ammiano,  
  Bass,     Block,
    Blumenfield, 
   Brownley,   
 Chesbro,     De Leon,
    Feuer,  
  Fong,    
Hernandez,     Hill, 
   Jones,   
 Ma,     Monning, 
   Nava,   
 Portantino,     Ruskin,
    Saldana,  
  Skinner,    
Adams,     Arambula, 
   Beall,   
 Bill Berryhill,     Tom
Berryhill,     Blakeslee, 
   Caballero,   
 Carter,     Cook,
    Coto,  
  Davis,     De La
Torre,     Emmerson, 
   Eng,   
 Evans,    Fletcher,
    Fuentes,  
  Fuller,    
Furutani,     Galgiani, 
   Garrick,   
 Harkey,     Hayashi,
    Huber,  
  Krekorian,    
Lieu,     Logue,  
 Bonnie Lowenthal,   
 Mendoza,     Miller,
    Nestande,  
  John A. Perez,  
 V. Manuel Perez,    
Price,     Salas, 
   Silva,   
 Smyth,     Solorio,
    Audra Strickland, 
   Swanson,   
 Torlakson,     Torrico,
    Tran,  
 and Yamada   ) 
    (   Coauthors:  
Senators   Corbett,   
 DeSaulnier,     Hancock,
    Kehoe,  
  Liu,    
Maldonado,     Romero, 
   Steinberg,   
 Wiggins,     and Wolk
  ) 

                        APRIL 1, 2009

   Relative to  Earth Week 2009   tribal gaming
compact ratification  .



	LEGISLATIVE COUNSEL'S DIGEST


   ACR 56, as amended, Huffman.  Earth Week 2009. 
 Tribal gaming: local support. 
   This measure would  proclaim the week of April 20 to April
24, 2009, inclusive, as Earth Week 2009   call upon the
Governor to refrain from negotiating a tribal-state gaming compact,
with respect to specified gaming proposals on nontribal lands, until
the land upon which the gaming will occur has been taken into t 
 rust for the tribe, the tribe has jurisdiction over the land,
and the local jurisdiction and the local community in which the tribe'
s proposed gaming project would be located actually support the
project  .
   Fiscal committee: no.



    WHEREAS, The federal Indian Gaming Regulatory Act of 1988
(IGRA) authorizes federally recognized Indian tribes to conduct class
III gaming on Indian lands within the tribe's jurisdiction, to the
extent those games are permitted by state law, and pursuant to a
gaming compact negotiated between a tribe and the state; and 
    WHEREAS, IGRA requires the state to negotiate in good faith
for the conclusion of tribal-state gaming compacts with Indian tribes
that request negotiations when those tribes have eligible Indian
lands located in the state; and 
    WHEREAS, In 1998, California voters approved Proposition 5, a
statutory measure designed to allow for the operation of slot
machine and house-banked card gaming by California Indian tribes on
Indian lands in accordance with federal law, and in 1999, the
California Supreme Court held that most of the provisions enacted by
Proposition 5 were unconstitutional; and 
    WHEREAS, In 2000, California voters approved Proposition 1A,
amending the California Constitution to authorize the Governor to
negotiate and conclude compacts, subject to ratification by the
Legislature, for the operation of slot machines, and for the conduct
of lottery games and banked and percentage card games by federally
recognized Indian tribes on Indian lands in California in accordance
with federal law; and 
    WHEREAS, During the campaigns to approve Propositions 5 and
1A, proponents assured California voters that Indian lands were
mainly in remote, rural areas of the state and that approval of these
measures would not result in tribal casinos being located in urban
areas; and 
    WHEREAS, In the general election of 2004, two initiative
measures, Propositions 68 and 70, that would have expanded gaming
activities in urban areas were placed before the California voters;
and 
    WHEREAS, Proposition 68 was defeated with 83.8 percent of the
electorate voting against it and Proposition 70 was defeated with
76.3 percent of the electorate voting against it; and 
    WHEREAS, There is increasing public concern over the
location, expansion, and impact of tribal gaming on nontribal lands
in California; and 
    WHEREAS, There are over 100 federally recognized Indian
tribes in California and many of those tribes have Indian lands
within the tribe's jurisdiction that are eligible for class III
gaming; and
    WHEREAS, Subdivision (d) of Section 12012.25 of the
Government Code designates the Governor as the state official with
authority to negotiate and execute tribal gaming compacts on behalf
of the state; and 
    WHEREAS, Subdivisions (c) and (e) of Section 12012.25 of the
Government Code provide that tribal-state gaming compacts negotiated
by the Governor are subject to ratification by the Legislature; and

    WHEREAS, An increasing number of Indian tribes are seeking to
put new land into trust for purposes of conducting class III gaming
activities pursuant to the provisions of IGRA, often in urban areas;
and 
    WHEREAS, In May 2005, Governor Arnold Schwarzenegger issued a
proclamation that he would (1) oppose proposals for the federal
acquisition of lands within any urbanized area where the lands sought
to be acquired in trust are to be used to conduct or facilitate
gaming activities; (2) decline to engage in negotiations for
tribal-state gaming compacts where the Indian tribe does not have
Indian lands eligible for class III gaming; (3) consider requests for
gubernatorial concurrence to allow a tribe to conduct class III
gaming on newly acquired land only when (A) the land that is sought
for class III gaming is not within any urbanized area, (B) the local
jurisdiction in which the tribe's proposed gaming project is located
supports the project, (C) the tribe and the local jurisdiction
demonstrate that the affected local community supports the project,
such as by a local advisory vote, and (D) the project substantially
serves a clear, independent public policy, separate and apart from
any increased economic benefit or financial contribution to the
state, community, or the Indian tribe that may arise from gaming;
now, therefore, be it 
    Resolved by the Assembly of the State of California, the
Senate thereof concurring, That, with respect to Indian gaming
proposals to conduct class III gaming, the Legislature calls upon the
Governor to refrain from negotiating a tribal-state gaming compact
until the land on which such gaming will occur has been taken into
trust for the tribe, the tribe has jurisdiction over the land, and
the local jurisdiction and the local community in which the tribe's
proposed gaming project would be located actually support the
project; and be it further 
    Resolved, That the presence or absence of local support be
demonstrated through both (1) an advisory vote in the county or
counties in which the tribe's Indian lands are located, either
approving or disapproving a proposed gaming facility; and (2) one or
more intergovernmental agreements that are enforceable in state
court, that include provisions to mitigate the impacts of the
proposed gaming and related activities, executed by the Indian tribe
and the following: (A) the incorporated city or city and county in
which the Indian lands are located, or, if the land is not located
within an incorporated city or city and county, the county or
counties in which the land is located; and (B) each county that is
contiguous to the county in which the land is located and that is
likely to be substantially impacted by the proposed gaming and
related activities, as reasonably determined by the board of
supervisors of the county and set forth in a measure specifying the
nature of anticipated impacts, which impacts shall be no more than 75
miles from the proposed gaming facility, and the estimated costs of
mitigation; and be it further 
    Resolved, That in the absence of local support as described
herein, the Legislature will not ratify a compact that allows Indian
gaming on non-Indian lands or on Indian lands not under the
jurisdiction of the tribe; and be it further 
    Resolved, That the Chief Clerk of the Assembly transmit
copies of this resolution to the author for appropriate distribution.
 
   WHEREAS, Thirty-nine years ago, millions of Americans of all ages,
walks of life, and political affiliations joined together on April
22, 1970, in a demonstration of concern and support for the
environment; and  
   WHEREAS, The spirit of the first Earth Day continues to increase
public environmental awareness inspiring millions of Californians to
make individual decisions that reduce environmental impacts; and
 
   WHEREAS, The California environment, including its rocky coasts,
sandy beaches, redwood forests, deserts, and towering mountains, is
among the most unique and beautiful in the world; and 

   WHEREAS, The Legislature has helped safeguard the state's scenic
beauty and natural resources, and the quality of its water, air, and
land, through the enactment of various environmental laws; and
 
   WHEREAS, The work done by state government has protected public
health and improved environmental preservation programs, policies,
and activities in a manner that is designed to promote equality and
afford fair treatment, full access, and full protection to all
Californians; and  
   WHEREAS, The protection of California's natural resources helps
stimulate our economy, especially industries related to tourism,
fishing, and new technologies, as well as enhance our quality of
life; and  
   WHEREAS, Activities to celebrate April 20 to April 24, 2009,
inclusive, commemorating the 39th anniversary of the first Earth Day,
will focus public attention on and encourage personal and community
participation in the environment through recycling, conserving energy
and water, encouraging use of renewable resources, and promoting
other environmentally responsible personal actions; and 

   WHEREAS, Earth Week 2009 will provide an impetus for additional
protection of the environment and our public health, and inspire
local, state, national, and international efforts required over the
next decade in order to remedy the environmental problems that we
face; now, therefore, be it  
   Resolved by the Assembly of the State of California, the Senate
thereof concurring, That April 20 to 24, 2009, inclusive, is hereby
declared to be "Earth Week 2009"; and be it further 
    
   Resolved, That the Legislature reaffirms its commitment to the
fundamental principles that underlie the state's environmental laws,
including the protection of human health from environmental hazards;
the continuance of programs to safeguard air and water quality; the
recycling and reuse of materials; the effective cleanup of pollution
in the state's land, air, and water resources; the preservation of
natural ecosystems; and the maintenance of the fundamental right of
the public to fully participate in public decisions regarding the
environment; and be it further 
    
   Resolved, That California recognizes the importance of the
environment and encourages residents to include in their daily lives
those activities that promote the goals of Earth Week 2009; and be it
further 
    
   Resolved, That the Chief Clerk of the Assembly transmit copies of
this resolution to the Governor, the Secretary of the Natural
Resources Agency, and the Secretary of the Environmental Protection
Agency, and to the Environmental Caucus for appropriate distribution.

                                                                 ____
CORRECTIONS  Text--Pages 5 and 6.
                           ____