BILL NUMBER: AB 315	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 20, 2015
	AMENDED IN SENATE  JULY 8, 2015
	AMENDED IN ASSEMBLY  MARCH 19, 2015

INTRODUCED BY   Assembly Member Bigelow
    (   Coauthors:   Assembly Members 
 Dahle   and Beth Gaines   ) 
    (   Coauthors:   Senators   Gaines
  and Nielsen   ) 

                        FEBRUARY 12, 2015

   An act to  repeal   add  Section
 4401.5 of   12012.68 to  the  Food
and Agricultural   Government  Code, relating to
 fairs.   tribal gaming, and declaring the
urgency thereof, to take effect   immediately. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 315, as amended, Bigelow.  Fairs: annual expenditures.
  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 to
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 United Auburn Indian
Community, executed on August 14, 2015. The bill would provide that,
in deference to tribal sovereignty, certain actions are not projects
for the purposes of CEQA.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   Existing law requires the Secretary of Food and Agriculture to
expend up to $100,000 each fiscal year for an exhibit or exhibits at
a fair that demonstrates, in a creative or innovative manner, the
process of production and use of food and fiber. Existing law also
requires the secretary to annually provide for a conference of fair
judges to aid the department in prescribing regulations relating to
judging exhibits and premiums offered for exhibits, and authorizes
the secretary to expend up to $15,000 each fiscal year for those
purposes.  
   This bill would repeal those provisions. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 12012.68 is added to the 
 Government Code  , to read:  
   12012.68.  (a) The tribal-state gaming compact entered into in
accordance with the federal Indian Gaming Regulatory Act of 1988 (18
U.S.C. Sec. 1166 to 1168, inclusive, and 25 U.S.C. Sec. 2701 et seq.)
between the State of California and the United Auburn Indian
Community, executed on August 14, 2015, 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 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, this subdivision does not
exempt a city, county, or city and county, or the Department of
Transportation, from the requirements of the California Environmental
Quality Act. 
   SEC. 2.    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 enhance the economic development, stability, and
self-sufficiency of the United Auburn Indian Community and to protect
the interests of the tribe and its members, the surrounding
community, and the California public at the earliest possible time,
it is necessary that this act take effect immediately.  

  SECTION 1.    Section 4401.5 of the Food and
Agricultural Code is repealed.