California Legislature—2013–14 Regular Session

Assembly BillNo. 1267


Introduced by Assembly Member Hall

February 22, 2013


An act to add Sections 12012.58 and 12012.585 to the Government Code, relating to tribal gaming, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 1267, as introduced, Hall. 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, including the Shingle Springs Band of Miwok Indians.

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 amendment to the tribal-state gaming compact entered into between the State of California and the Shingle Springs Band of Miwok Indians, executed on November 15, 2012. The bill would provide that, in deference to tribal sovereignty, certain actions may not be deemed projects for purposes of CEQA.

This bill would create the Shingle Springs Band of Miwok Indians Trust Fund in the State Treasury as a special purpose trust fund, to be administered by the California Gambling Control Commission, for the receipt and deposit of revenue payments received by the state from the Shingle Springs Band of Miwok Indians pursuant to the amended tribal-state gaming compact ratified by this measure and any trust fund agreement executed by the state and the tribe pursuant to that tribal-state gaming compact. The bill would continuously appropriate from the trust fund to the commission the amount necessary for specific purposes enumerated in that tribal-state gaming compact and trust fund agreement, including governmental operations of the tribe and reduction of the tribe’s existing debt related to its gaming facility. The bill would provide for the termination of the trust fund on January 1, 2016, or another date, as specified. The bill would provide for the transfer of the amount of revenue payments made by the tribe to the state during the period between July 1, 2012, and the date the amended tribal-state gaming compact ratified by this measure becomes effective, from the General Fund to the trust fund as an initial deposit pursuant to the terms of that tribal-state gaming compact and any trust fund agreement.

Vote: 23. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 12012.58 is added to the Government
2Code
, to read:

3

12012.58.  

(a) The amendment to the tribal-state gaming
4compact entered into in accordance with the federal Indian Gaming
5Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, incl., and
625 U.S.C. Sec. 2701 et seq.) between the State of California and
7the Shingle Springs Band of Miwok Indians, executed on
8November 15, 2012, is hereby ratified.

9(b) (1) In deference to tribal sovereignty, none of the following
10shall be deemed a project for purposes of the California
11Environmental Quality Act (Division 13 (commencing with Section
1221000) of the Public Resources Code):

13(A) The execution of an amendment to the amended tribal-state
14gaming compact ratified by this section.

15(B) The execution of the amended tribal-state gaming compact
16ratified by this section.

P3    1(C) The execution of an intergovernmental agreement between
2a tribe and a county or city government negotiated pursuant to the
3express authority of, or as expressly referenced in, the amended
4tribal-state gaming compact ratified by this section.

5(D) The execution of an intergovernmental agreement between
6a tribe and the Department of Transportation negotiated pursuant
7to the express authority of, or as expressly referenced in, the
8amended tribal-state gaming compact ratified by this section.

9(E) The on-reservation impacts of compliance with the terms
10of the amended tribal-state gaming compact ratified by this section.

11(F) The sale of compact assets, as defined in subdivision (a) of
12Section 63048.6, or the creation of the special purpose trust
13established pursuant to Section 63048.65.

14(2) Except as expressly provided in this paragraph, this
15subdivision does not exempt a city, county, or city and county, or
16the Department of Transportation, from the requirements of the
17California Environmental Quality Act.

18

SEC. 2.  

Section 12012.585 is added to the Government Code,
19to read:

20

12012.585.  

(a) The Shingle Springs Band of Miwok Indians
21Trust Fund is hereby created in the State Treasury as a special
22purpose trust fund for the receipt and deposit of revenue payments
23received by the state from the Shingle Springs Band of Miwok
24Indians pursuant to the terms of the amended tribal-state gaming
25compact ratified pursuant to Section 12012.58 and any trust fund
26agreement executed by the state and the tribe pursuant to that
27tribal-state gaming compact. The trust fund shall be administered
28by the California Gambling Control Commission.

29(b) Notwithstanding Section 13340, there is continuously
30appropriated without regard to fiscal years, from the trust fund to
31the California Gambling Control Commission, the amount
32necessary for the specific purposes enumerated in the tribal-state
33gaming compact ratified pursuant to Section 12012.58 and any
34trust fund agreement executed by the state and the tribe pursuant
35to that tribal-state gaming compact, including, but not limited to,
36both of the following purposes:

37(1) Governmental operations of the tribe, including, but not
38limited to, tribal administration, distributions, health care,
39education, and economic development.

P4    1(2) Reduction of the tribe’s existing debt related to its gaming
2facility, including, but not limited to, the payment of reasonable
3costs paid by the tribe or gaming operation in connection with
4refinancing or restructuring its debt load and any related litigation
5or administrative proceedings, including attorney’s fees.

6(c) Funds deposited into the trust fund shall accrue interest at
7the rate earned by moneys invested in the Pooled Money
8Investment Account from the date of deposit until appropriated
9pursuant to subdivision (b).

10(d) The trust fund shall terminate on January 1, 2016, or a later
11date if agreed to by the parties by written agreement. The state and
12the tribe may terminate the trust fund by written agreement at any
13earlier date if the parties determine that it has served its intended
14purpose.

15(e) Any funds remaining in the trust fund at the time it is
16terminated shall revert to the tribe.

17

SEC. 3.  

The amount of the revenue sharing payments made
18by the Shingle Springs Band of Miwok Indians to the state pursuant
19to Section 4.3.1 of the amended tribal-state gaming compact
20between the tribe and the state ratified pursuant to Section 12012.53
21of the Government Code, during the period between July 1, 2012,
22and the date the amended tribal-state gaming compact between
23the tribe and the state ratified pursuant to Section 12012.58 of the
24Government Code becomes effective, inclusive, is transferred from
25the General Fund to the Shingle Springs Band of Miwok Indians
26Trust Fund, established pursuant to Section 12012.585 of the
27Government Code, as an initial deposit pursuant to the terms of
28the amended tribal-state gaming compact ratified pursuant to
29Section 12012.58 of the Government Code and any trust fund
30 agreement executed by the state and the tribe pursuant to that
31tribal-state gaming compact.



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