BILL NUMBER: SB 470	CHAPTERED  09/28/06

	CHAPTER  527
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2006
	PASSED THE SENATE  AUGUST 29, 2006
	PASSED THE ASSEMBLY  AUGUST 24, 2006
	AMENDED IN ASSEMBLY  AUGUST 22, 2006
	AMENDED IN ASSEMBLY  JUNE 19, 2006
	AMENDED IN SENATE  APRIL 20, 2005

INTRODUCED BY   Senator Ducheny
   (Coauthor: Assembly Member Garcia)

                        FEBRUARY 18, 2005

   An act to amend Section 12012.45 of the Government Code, relating
to gaming.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 470, Ducheny  Tribal gaming: compact ratification.
   Existing federal law, the Indian Regulatory Act, 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. Existing state law ratifies a number of tribal-state gaming
compacts between the State of California and specified Indian
tribes.
   This bill would ratify the amendment of a tribal-state gaming
compact entered into on June 26, 2006, between the State of
California and the Quechan Tribe of the Fort Yuma Indian Reservation.
The bill would provide that the terms of each compact apply only to
the State of California and the tribe that has signed it, and the
terms of these compacts do not bind any tribe that is not a signatory
to any of the compacts. The bill would acknowledge the right of
federally recognized tribes to exercise their sovereignty to
negotiate and enter into compacts with the state that are materially
different from the compacts ratified pursuant to these provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 12012.45 of the Government Code is amended to
read:
   12012.45.  (a) The following tribal-state gaming compacts and
amendments of tribal-state gaming compacts entered into in accordance
with the Indian Gaming Regulatory Act of 1988 (18 U.S.C. Sec. 1166
to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.) are hereby ratified:

   (1) The amendment of the compact between the State of California
and the Buena Vista Rancheria of Me-Wuk Indians, executed on August
23, 2004.
   (2) The compact between the State of California and the Fort
Mojave Indian Tribe, executed on August 23, 2004.
   (3) The compact between the State of California and the Coyote
Valley Band of Pomo Indians, executed on August 23, 2004.
   (4) The amendment to the compact between the State of California
and the Ewiiaapaayp Band of Kumeyaay Indians, executed on August 23,
2004.
   (5) The amendment to the compact between the State of California
and the Quechan Tribe of the Fort Yuma Indian Reservation, executed
on June 26, 2006.
   (b) The terms of each compact apply only to the State of
California and the tribe that has signed it, and the terms of these
compacts do not bind any tribe that is not a signatory to any of the
compacts. The Legislature acknowledges the right of federally
recognized tribes to exercise their sovereignty to negotiate and
enter into compacts with the state that are materially different from
the compacts ratified pursuant to subdivision (a).
   (c) (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 of a tribal-state gaming compact
ratified by this section.
   (B) The execution of a 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, a tribal-state
gaming compact or an amended tribal-state gaming compact ratified by
this section.
   (D) The execution of an intergovernmental agreement between a
tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
a tribal-state gaming compact or an amended tribal-state gaming
compact ratified by this section.
   (E) The on-reservation impacts of compliance with the terms of a
tribal-state gaming compact or an 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 herein, nothing in this
subdivision shall be construed to exempt a city, county, a city and
county, or the California Department of Transportation from the
requirements of the California Environmental Quality Act.
   (d) Revenue contributions made to the state by tribes pursuant to
the tribal-state gaming compacts and amendments of tribal-state
gaming compacts ratified by this section shall be deposited in the
General Fund.