BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 307|
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                                 THIRD READING


          Bill No:  AB 307
          Author:   Nestande (R)
          Amended:  6/22/11 in Senate
          Vote:     21

           
           SENATE GOVERNANCE & FINANCE COMMITTEE  :  9-0, 6/8/11
          AYES:  Wolk, Huff, DeSaulnier, Fuller, Hancock, Hernandez, 
            Kehoe, La Malfa, Liu

           ASSEMBLY FLOOR  :  66-0, 4/25/11 - See last page for vote


           SUBJECT  :    Joint powers agreements:  public agency:  
          federally 
                      recognized Indian tribe

           SOURCE  :     United Auburn Indian Community


           DIGEST  :    This bill adds federally recognized Indian 
          tribes to the Joint Exercise of Powers Acts definition of a 
          public agency. 

           Senate Floor Amendments  of 6/22/11 delete the section of 
          the bill that repeals the statute authorizing the Elk 
          Valley Rancheria Tribal Council to enter into specified 
          joint powers agreements, leaving that authority in place.

           ANALYSIS  :    The Joint Exercise of Powers Act allows two or 
          more public agencies to use their powers in common if they 
          sign a joint powers agreement.  Sometimes an agreement 
          creates a new, separate government called a joint powers 
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          authority (JPA).  Public officials have created 
          approximately 700 JPAs which are confederations of 
          governments working together for common purposes.

          State law generally limits membership in JPAs to public 
          agencies:  federal, state, and local governments.  
          According to a 1996 informal Attorney General's opinion, 
          tribal governments cannot sign joint powers agreements 
          because Indian tribes are "domestic dependent nations" and 
          not public agencies as defined by the Act.

          Nevertheless, the Legislature has allowed three tribal 
          governments to join JPAs:

           The Hoopa Business Council can join the Humboldt County 
            Association of Governments ŬAB 1137 (Hauser), Chapter 73, 
            Statutes of 1987].

           The Torres Martinez Desert Cahuilla Indians can join the 
            Salton Sea Authority ŬAB 959 (Kelley), Chapter 19, 
            Statutes of 2001].

           The Elk Valley Rancheria Tribal Council can join a JPA 
            with Del Norte County or the City of Crescent City, or 
            both ŬAB 1172 (Berg), Chapter 39, Statutes of 2003].

          Most federally recognized Indian tribes received federal 
          recognition status through treaties, acts of Congress, 
          presidential executive orders, other federal administrative 
          actions, or federal court decisions.  Federal law specifies 
          three ways in which an Indian group may become federally 
          recognized:

           By Act of Congress,
           By administrative procedures specified in federal 
            regulations, or
           By decision of a United States court.

          This bill adds federally recognized Indian tribes to the 
          Joint Exercise of Powers Act's definition of a "public 
          agency." 

          This bill prohibits any joint powers authority that 
          includes a federally recognized Indian tribe from having 







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          the authority to authorize or issue Marks-Roos bonds 
          unless:

           The public improvements to be funded by the bonds will be 
            owned and maintained by the authority or one or more of 
            its public agency members, and 

           The revenue streams pledged to repay the bonds derive 
            from the authority, one or more of its public agency 
            members, or any governmental or public fund or account 
            the proceeds of which may be used for that purpose.  

          This bill defines "governmental or public fund or account" 
          as including monies or revenue streams derived from, held 
          by, belonging to, due to, or otherwise held for the benefit 
          of, one or more public agency members, but not including 
          any fund or account that is funded by any grants 
          distributed to local government agencies from the Indian 
          Gaming Special Distribution Fund.
           
          This bill repeals the statutes authorizing the Torres 
          Martinez Desert Cahuilla Indians to enter into specified 
          joint powers agreements.  This bill repeals language 
          authorizing the Hoopa Business Council to enter into a 
          joint powers agreement specifically for the purpose of 
          participating on the Humboldt County Association of 
          Governments.
           
          This bill declares that it must not be construed to affect, 
          modify, or repeal any existing joint powers authority 
          formed before its effective date, including a joint powers 
          authority that includes a federally recognized Indian tribe 
          as a party or cooperating agency.  This bill continues any 
          authority granted by any prior law for a federally 
          recognized Indian tribe to enter into a joint powers 
          agreement.

           Comments  

          Recognizing that collaboration between local governments 
          and tribal governments on matters of mutual concern can 
          produce significant public benefits, this bill eliminates 
          the need for local governments to seek legislative approval 
          before entering into JPAs with Indian tribes.  California 







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          local governments already exercise independent discretion 
          when entering into joint powers agreements with each other, 
          California state agencies, the federal government, federal 
          agencies, other states, or even local governments from 
          other states.  This bill simply grants local governments 
          the same discretionary authority to enter into JPAs with 
          federally recognized Indian tribes.  Two California joint 
          powers authorities already include Indian tribal 
          governments as members; the Salton Sea Authority's 
          membership includes the Torres Martinez Desert Cahuilla 
          Indians and the Border Coast Regional Airport Authority's 
          membership includes the Elk Valley Rancheria.  State laws 
          in other states, including Arizona, Nevada, New Mexico, 
          Oregon, and Washington authorize joint powers agreements 
          that include tribal governments.  This bill follows these 
          examples by eliminating the statutory barrier to 
          local-tribal government collaboration through joint powers 
          agreements. 

           Prior Legislation

           This bill is similar to several recently unsuccessful 
          legislative efforts to authorize tribal participation in 
          JPAs.  Governor Schwarzenegger vetoed:

           AB 2166 (Chesbro, 2010), which would have allowed the 
            Smith River Rancheria Tribal Council to join the Border 
            Coast Regional Airport Authority.

           AB 1884 (Maze, 2008), which would have allowed the Tule 
            River Tribal Council to join a JPA to develop land near 
            the Porterville airport.

           AB 1962 (Berg, 2006), which would have allowed the Tribal 
            Council of the Yurok Tribe to join a JPA to restore 
            fisheries in the Klamath River Basin.  

           AB 2762 (Levine, 2006), which would have allowed 17 
            tribal governments to join the Southern California 
            Association of Governments. 

           AB 1747 (Wolk, 2005), which would have allowed the Rumsey 
            Band of Wintun Indians to join a JPA in Yolo County.








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          The Governor's veto messages cited various concerns related 
          to tribes' exercising sovereign powers, particularly off 
          reservation lands, and expressed his preference that tribes 
          and local governments cooperate through "agreements and 
          memorandums of understanding."  

           Related Legislation

           AB 798 (Chesbro, 2011) allows the Smith River Rancheria 
          Tribal Council to enter into a joint powers agreement.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   
          Local:  No

           SUPPORT  :   (Verified  6/23/11)

          United Auburn Indian Community (source)
          Agua Caliente Band of Cahuilla Indians
          California Nations Indian Gaming Association
          California State Firefighters' Association
          City of La Mesa
          Coachella Valley Association of Governments
          Elk Valley Rancheria
          Heartland Communications Facility Authority
          San Diego Association of Governments
          San Diego County Supervisor Dianne Jacob
          Santa Ynez Band of Chumash Indians
          Smith River Rancheria
          Susanville Indian Rancheria
          Yocha Dehe Wintun Nation


           ASSEMBLY FLOOR : 
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Campos, Carter, Cedillo, 
            Chesbro, Cook, Davis, Dickinson, Eng, Feuer, Fletcher, 
            Fong, Fuentes, Galgiani, Gatto, Gordon, Grove, Hall, 
            Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries, 
            Knight, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, 
            Miller, Monning, Morrell, Nestande, Nielsen, Norby, Pan, 
            Perea, V. Manuel Pérez, Portantino, Silva, Skinner, 
            Smyth, Solorio, Swanson, Torres, Valadao, Wagner, 
            Wieckowski, Williams, Yamada, John A. Pérez







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          NO VOTE RECORDED:  Charles Calderon, Conway, Donnelly, 
            Furutani, Garrick, Gorell, Hagman, Halderman, Roger 
            Hernández, Jones, Lara, Mitchell, Olsen, Vacancy


          AGB:mw  6/23/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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