Amended in Assembly July 3, 2013

Amended in Assembly June 25, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1245


Introduced by Assembly Member V. Manuel Pérez

February 22, 2013


An act to add Section 12012.61 to the Government Code, relating to tribalbegin delete gamingend deletebegin insert gaming, and declaring the urgency thereof, to take effect immediatelyend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 1245, as amended, V. Manuel Pérez. 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 of 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 Ramona Band of Cahuilla, executed on June 10, 2013. The bill would provide that, in deference to tribal sovereignty, certain actions are not projects for purposes of CEQA.

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This bill would declare that it is to take effect immediately as an urgency statute.

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Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 12012.61 is added to the Government
2Code
, to read:

3

12012.61.  

(a) The tribal-state gaming compact entered into in
4accordance with the federal Indian Gaming Regulatory Act of
51988 (18 U.S.C. Secs. 1166 to 1168, inclusive, and 25 U.S.C. Sec.
62701 et seq.) between the State of California and the Ramona Band
7of Cahuilla, executed on June 10, 2013, is hereby ratified.

8(b) (1) In deference to tribal sovereignty, none of the following
9shall be deemed a project for purposes of the California
10Environmental Quality Act (Division 13 (commencing with Section
1121000) of the Public Resources Code):

12(A) The execution of an amendment to the tribal-state gaming
13compacts ratified by this section.

14(B) The execution of the tribal-state gaming compacts ratified
15by this section.

16(C) The execution of an intergovernmental agreement between
17a tribe and a county or city government negotiated pursuant to the
18express authority of, or as expressly referenced in, the tribal-state
19gaming compacts ratified by this section.

20(D) The execution of an intergovernmental agreement between
21a tribe and the Department of Transportation negotiated pursuant
22to the express authority of, or as expressly referenced in, the
23tribal-state gaming compacts ratified by this section.

24(E) The on-reservation impacts of compliance with the terms
25of the tribal-state gaming compacts ratified by this section.

26(F) The sale of compact assets, as defined in subdivision (a) of
27Section 63048.6, or the creation of the special purpose trust
28established pursuant to Section 63048.65.

P3    1(2) Except as expressly provided herein, this subdivision does
2not exempt a city, county, or city and county, or the Department
3of Transportation, from the requirements of the California
4Environmental Quality Act.

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This act is an urgency statute necessary for the
6immediate preservation of the public peace, health, or safety within
7the meaning of Article IV of the Constitution and shall go into
8immediate effect. The facts constituting the necessity are:

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9In order to allow the revenues from this act to be eligible for
10revenue sharing at the earliest possible time to address some of
11the state’s pressing budget issues, it is necessary that this act take
12effect immediately.

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