BILL NUMBER: AB 466 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 17, 2016
AMENDED IN SENATE JUNE 29, 2016
AMENDED IN SENATE JULY 6, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member McCarty Brown
( Principal coauthor: Assembly Member
Gray )
( Principal coauthor: Senator
Lara )
(Coauthors: Assembly Members Atkins,
Gonzalez,
and Weber Bigelow and McCarty )
FEBRUARY 23, 2015
An act to add Section 26157 to the Penal Code, relating
to firearms. An act to add Section 12012.80 to the
Government Code, relating to tribal gaming .
LEGISLATIVE COUNSEL'S DIGEST
AB 466, as amended, McCarty Brown .
Firearms: concealed carry license. 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 to
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 San Manuel Band of
Mission Indians, executed on August 16, 2016. The bill would provide
that, in deference to tribal sovereignty, certain actions are not
projects for the purposes of CEQA.
Existing law authorizes specified local law enforcement agencies
to issue to an applicant a license to carry a concealed firearm if
certain requirements are met, including, among others, that the
applicant has good cause for the license.
This bill would state that "good cause" for those purposes means
facts that distinguish the applicant from the mainstream public and
place the applicant in harm's way.
Vote: majority. 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 12012.80 is added to the
Government Code , to read:
12012.80. (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 San Manuel Band of
Mission Indians, executed on August 16, 2016, 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.
SECTION 1. Section 26157 is added to the Penal
Code, to read:
26157. "Good cause," for purposes of Sections 26150 and 26155,
means facts that distinguish the applicant from the mainstream public
and place the applicant in harm's way.