BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 122
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 122 (Coto)
          As Amended  September 10, 2009
          2/3 vote.  Urgency
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |     |(June 3, 2009)  |SENATE: |30-4 |(December 17,  |
          |           |     |                |        |     |2009)          |
           ----------------------------------------------------------------- 
                      (vote not relevant)

          Original Committee Reference:     ED.  

           SUMMARY  :  Tribal-state gaming compact between the State of  
          California and the Pinoleville Pomo Nation, executed on March  
          10, 2009.  

           The Senate amendments  delete the Assembly version of this bill,  
          and instead: 

          1)Establish findings and declarations to determine that:

             a)   The terms of the tribal-state gaming compacts ratified  
               by this act apply only to the State of California and the  
               tribes that have signed them, and the terms of the compacts  
               ratified by this act do not bind any other tribe; and,

             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 between the  
               State of California and the Pinoleville Pomo Nation. 

          2)Ratify the tribal-state gaming compact entered into accordance  
            with the Indian Gaming Regulatory Act of 1988 between the  
            State of California and the Pinoleville Pomo Nation, executed  
            on March 10, 2009. 

          3)Make relating technical amendments.

          4)Add an urgency clause. 

           EXISTING LAW  : 

          1)Provides, under the federal Indian Gaming Regulatory Act  








                                                                  AB 122
                                                                  Page  2

            (IGRA), for the negotiation and conclusion of compacts between  
            federally recognized Indian tribes and the state for the  
            purpose of conducting class III gaming activities on Indian  
            lands within a state as a means of promoting tribal economic  
            development, self-sufficiency, and strong tribal governments.   


          2)Authorizes, under federal law, the conduct of class III gaming  
            activities to the extent such activities are permitted by  
            state law, a gaming compact has been concluded by a federally  
            recognized tribe and the state, and the compact has been  
            approved by the Secretary of the Interior.  

          3)Limits the operation of class III gaming activities to Indian  
            lands acquired on or before October 17, 1988.  Provides for  
            certain exceptions to conduct gaming activities on Indian  
            lands acquired after October 17, 1988.

          4)Defines, under federal law, Indian lands to mean all lands  
            within the limits of any Indian reservation, and any lands  
            title to which is either held in trust by the United States  
            for the benefit of any Indian tribe or individual or held by  
            any Indian tribe or individual subject to restriction by the  
            United States against alienation and over which an Indian  
            tribe exercises governmental power.

          5)Requires the state to negotiate to conclude a compact in good  
            faith with an Indian tribe having jurisdiction over the Indian  
            lands upon which the class III gaming activity is to be  
            conducted.  Provides the United States district courts with  
            jurisdiction over any cause of action initiated by a tribal  
            government alleging that the state failed to negotiate in good  
            faith to conclude a compact.  Prescribes the remedy, mediation  
            supervised by the courts, if it is found that the state failed  
            to negotiate in good faith to conclude a compact.  

          6)Authorizes the Governor, under the California Constitution, to  
            negotiate and conclude compacts,  subject to ratification by  
            the Legislature  .  To date, 68 compacts have been ratified.

           FISCAL EFFECT  :  Unknown.
           
          COMMENTS  :  This bill, as amended in the Senate, ratifies the  
          tribal-state gaming compact that was negotiated between the  
          State of California and the Pinoleville Pomo Nation on March 10,  








                                                                  AB 122
                                                                  Page  3

          2009.

          The Pinoleville Pomo Nation (Tribe) is a federally recognized  
          Indian tribe listed in the Federal Register as the Pinoleville  
          Pomo Nation, California (formerly the Pinoleville Rancheria of  
          Pomo Indians of California).  The Tribe's reservation is the  
          Pinoleville Rancheria.  The rancheria occupies approximely 100  
          acres on the northern edge of Ukiah in Mendocino County.  The  
          Tribe has a membership of approximately 250 members.  The Tribe  
          is governed by an elected council of seven members.

          On March 10, 2009, Governor Schwarzenegger and the Pinoleville  
          Pomo Nation signed a tribal-state gaming compact.  According to  
          the Governor's Office," the compact follows a similar blueprint  
          of the compacts that the Governor has previously negotiated in  
          that it provides important benefits to the state, protects both  
          employees and patrons, and provides for environmental  
          protections."  Under the terms of the compact, the Tribe may  
          engage in Class III Gaming only on eligible Indian lands at a  
          single gaming facility located within the boundaries of the  
          Pinoleville Rancheria, as those boundaries exist as of the  
          execution date of the compact.

          The compact will run through December 31, 2030 and allow a  
          maximum of 900 slot machines.  Under the terms of the compact,  
          the Tribe will share 15 % of annual net win revenues with the  
          state.  The non-monetary aspects of the compact are similar to  
          recent compacts (i.e., to enter into arrangements to mitigate to  
          the extent practicable the off-reservation environmental impacts  
          of its gaming facility on local communities and local  
          governments, and to offer worker and consumer protections).

          Ratification of this compact for the Pinoleville Pomo Nation is  
          intended to assist them in addressing the problems it is facing  
          with the high unemployment and poverty rates, as well as  
          providing health, housing, and educational needs for its  
          members.
          This bill was a "gut-and-amend" in the Senate and the  
          Assembly-approved provisions of this bill were deleted.  The  
          prior bill proposed a pilot program that would have established  
          conditions for a school district to meet in order to establish a  
          small school.  

           Related legislation  :  SB 89 (Senate Budget and Fiscal Review),  
          amended December 10, 2009, ratifies the tribal-state gaming  








                                                                  AB 122
                                                                  Page  4

          compact negotiated between the State of California and the  
          Habematolel Pomo of Upper Lake, executed on September 2, 2009.   
          This bill passed the Senate by a vote of 30-3 on December 17,  
          2009.  

          AB 1576 (Chesbro), amended September 10, 2009, ratifies the  
          tribal-state gaming compact negotiated between the State of  
          California and the Habematolel Pomo of Upper Lake, executed on  
          September 2, 2009.  Currently, this bill is on the Senate Floor.


           Analysis Prepared by  :    Rod Brewer / G. O. / (916) 319-2531 


                                                              FN:  0003511