BILL NUMBER: AB 1540 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 31, 2015
INTRODUCED BY Committee on Governmental Organization
( Assembly Members Gray
(Chair), Linder (Vice Chair), Achadjian, Bigelow, Cooley, Cooper,
Jones-Sawyer, Levine, Mayes, Salas, Steinorth, Waldron, and Wilk
) Assembly Member Gray
MARCH 26, 2015
An act to add Title 16.5 (commencing with Section 98020)
to, to repeal Sections 12012.5, 12012.25, 12012.30, 12012.35,
12012.40, 12012.45, 12012.46, 12012.465, 12012.47, 12012.475,
12012.48, 12012.485, 12012.49, 12012.495, 12012.51, 12012.515,
12012.52, 12012.53, 12012.54, 12012.551, 12012.56, 12012.57,
12012.75, 12012.85, and 12012.90 of, to repeal Chapter 7.5
(commencing with Section 12710) of Part 2 of Division 3 of Title 2
of, and to repeal Chapter 3 (commencing with Section 98075) of Title
16.5 of, Section 12012.67 to the Government
Code, relating to gaming. tribal gaming, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1540, as amended, Committee on Governmental
Organization Gray . Tribal gaming.
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 compacts, and
amendments to tribal-state gaming compacts, between the State
of California and specified Indian tribes. Existing law
creates in the State Treasury the Indian Gaming Revenue Sharing Trust
Fund and the Indian Gaming Special Distribution Fund for the receipt
and deposit of moneys received by the state from Indian tribes
pursuant to the terms of gaming compacts entered into with the state,
and authorizes moneys in those funds to be used for certain
purposes. Existing law, until January 1, 2021, establishes the method
of calculating the distribution of appropriations from the Indian
Gaming Special Distribution Fund for grants to local government
agencies impacted by tribal gaming. 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 reorganize and make technical, nonsubstantive
changes to these provisions. The bill would conform these provisions
to the changes made by the Governor's Reorganization Plan No. 2. of
2012.
This bill would ratify the tribal-state gaming compact entered
into between the State of California and the Santa Ynez Band of
Mission Indians, executed on August 26, 2015. The bill would provide
that, in deference to tribal sovereignty, certain actions are not
projects for the purposes of CEQA.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12012.67 is added to the
Government Code , to read:
12012.67. (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, inclusive, and 25 U.S.C. Sec. 2701 et
seq.) between the State of California and the Santa Ynez Band of
Mission Indians, executed on August 26, 2015, 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, 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 Santa Ynez Band of Mission 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. All
matter omitted in this version of the bill appears in the bill as
introduced in the Assembly, March 26, 2015. (JR11)