BILL NUMBER: AB 122 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 10, 2009
AMENDED IN ASSEMBLY JUNE 1, 2009
AMENDED IN ASSEMBLY APRIL 14, 2009
AMENDED IN ASSEMBLY MARCH 24, 2009
AMENDED IN ASSEMBLY MARCH 17, 2009
INTRODUCED BY Assembly Member Coto
JANUARY 15, 2009
An act to add and repeal Chapter 3.2 (commencing with
Section 58530) of Part 31 of Division 4 of Title 2 of the Education
Code, relating to small schools. An act to add Section
12012.551 to the Government Code, relating to gaming, and declaring
the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 122, as amended, Coto. Small schools.
Tribal gaming: compact ratification.
Existing federal law, the Indian Gaming 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. 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.
This bill would ratify the tribal-state gaming compact entered
into between the State of California and the Pinoleville Pomo Nation,
executed on March 10, 2009. The bill would require that related
revenue contributions be deposited into the General Fund, except as
specified, and would also provide that, in deference to tribal
sovereignty, certain actions may not be deemed projects for purposes
of the California Environmental Quality Act.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing law grants authority to school districts to establish and
operate public schools within their boundaries.
This bill would authorize a school district to establish a small
school, subject to specified conditions, including, among others, a
requirement to develop a school plan, as specified, and a requirement
to adopt regulations that include the small school as part of an
academic reform strategy focused on the positive outcomes small
schools are intended to produce. The bill would require the small
school to have an advisory body that consists of members elected by
specified groups. The bill would require a school district that
establishes a small school to allocate funds to the small school, as
specified. The bill would repeal these provisions on January 1, 2017.
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. The Legislature finds and declares the
following:
(a) The terms of the tribal-state gaming compact ratified by this
act apply only to the State of California and the tribe that has
signed it, and the terms of the compact ratified by this act do not
bind any other tribe.
(b) 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
compact ratified pursuant to Section 12012.551 of the Government
Code.
SEC. 2. Section 12012.551 is added to the
Government Code , to read:
12012.551. (a) The tribal-state gaming compact entered into in
accordance with the 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 Pinoleville Pomo Nation, executed on
March 10, 2009, 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 California 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 California Department of Transportation, from the
requirements of the California Environmental Quality Act.
(c) Revenue contributions made to the state by the tribe pursuant
to the tribal-state gaming compact ratified by this section shall be
deposited in the General Fund, except as otherwise provided by the
compact or by a statute directing that a portion of the revenue
contributions be deposited in a special fund.
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. All matter omitted in this version of the
bill appears in the bill as amended in the Assembly, June 1, 2009.
(JR11)