Amended in Senate August 17, 2016

Amended in Senate June 29, 2016

Amended in Senate July 6, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 466


Introduced by Assembly Memberbegin delete McCartyend deletebegin insert Brownend insert

begin insert

(Principal coauthor: Assembly Member Gray)

end insert
begin insert

(Principal coauthor: Senator Lara)

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(Coauthors: Assembly Membersbegin delete Atkins, Gonzalez, and Weberend deletebegin insert Bigelow and McCartyend insert)

February 23, 2015


begin deleteAn act to add Section 26157 to the Penal Code, relating to firearms. end deletebegin insertAn act to add Section 12012.80 to the Government Code, relating to tribal gamingend insertbegin insert.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 466, as amended, begin deleteMcCartyend delete begin insertBrownend insert. begin deleteFirearms: concealed carry license. end deletebegin insertTribal gaming: compact ratification.end insert

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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.

end insert
begin insert

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.

end insert
begin insert

This bill would ratify the tribal-state gaming compact entered into between the State of California and the San Manuel Band of Mission Indians, executed on August 16, 2016. The bill would provide that, in deference to tribal sovereignty, certain actions are not projects for the purposes of CEQA.

end insert
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Existing law authorizes specified local law enforcement agencies to issue to an applicant a license to carry a concealed firearm if certain requirements are met, including, among others, that the applicant has good cause for the license.

end delete
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This bill would state that “good cause” for those purposes means facts that distinguish the applicant from the mainstream public and place the applicant in harm’s way.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 12012.80 is added to the end insertbegin insertGovernment
2Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert12012.80.end insert  

(a) The tribal-state gaming compact entered into
4in accordance 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 San Manuel
7Band of Mission Indians, executed on August 16, 2016, is hereby
8ratified.

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 tribal-state gaming
14compact ratified by this section.

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

P3    1
(C) The execution of an intergovernmental agreement between
2a tribe and a county or city government negotiated pursuant to
3the express authority of, or as expressly referenced in, the
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
8tribal-state gaming compact ratified by this section.

9
(E) The on-reservation impacts of compliance with the terms
10of the 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 herein, this subdivision does
15not exempt a city, county, or city and county, or the Department
16of Transportation, from the requirements of the California
17Environmental Quality Act.

end insert
begin delete

  

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begin delete18

SECTION 1.  

Section 26157 is added to the Penal Code, to
19read:

20

26157.  

“Good cause,” for purposes of Sections 26150 and
2126155, means facts that distinguish the applicant from the
22mainstream public and place the applicant in harm’s way.

end delete


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