Amended in Assembly August 11, 2016

Amended in Assembly September 2, 2015

Senate BillNo. 404


Introduced by Senator De León

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(Principal coauthor: Senator Hall)

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February 25, 2015


begin deleteAn act relating to fines. end deletebegin insertAn act to add Section 12012.73 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 404, as amended, De León. begin deleteFines: criminal and traffic base fines. 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.

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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.

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This bill would ratify the tribal-state gaming compact entered into between the State of California and the Viejas Band of Kumeyaay Indians, executed on June 28, 2016. The bill would provide that, in deference to tribal sovereignty, certain actions are not projects for the 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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Existing law imposes various penalties including, among others, fines, for violations of the Penal Code and the Vehicle Code.

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This bill would state the intent of the Legislature to enact legislation to provide a durable solution to address the issues of equity and efficacy of penalty assessments associated with criminal and traffic base fines.

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Vote: begin deletemajority end deletebegin insert23end insert. 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:

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begin insertSECTION 1.end insert  

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begin insertSection 12012.73 is added to the end insertbegin insertGovernment
2Code
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begin insert, to read:end insert

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begin insert12012.73.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 Viejas Band
7of Kumeyaay Indians, executed on June 28, 2016, is hereby ratified.

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(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):

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

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

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

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(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 compact ratified by this section.

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

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(F) The sale of compact assets, as defined in subdivision (a) of
2Section 63048.6, or the creation of the special purpose trust
3established pursuant to Section 63048.65.

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(2) Except as expressly provided herein, this subdivision does
5not exempt a city, county, or city and county, or the Department
6of Transportation, from the requirements of the California
7Environmental Quality Act.

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begin insertSEC. 2.end insert  

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This act is an urgency statute necessary for the
9immediate preservation of the public peace, health, or safety within
10the meaning of Article IV of the Constitution and shall go into
11immediate effect. The facts constituting the necessity are:

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In order to enhance the economic development, stability, and
13self-sufficiency of the Viejas Band of Kumeyaay Indians and to
14protect the interests of the tribe and its members, the surrounding
15community, and the California public at the earliest possible time,
16it is necessary that this act take effect immediately.

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SECTION 1.  

Recognizing the complexity of the state’s fine
18and fee structure, it is the intent of the Legislature to enact
19legislation to provide a durable solution to address the issues of
20equity and efficacy of penalty assessments associated with criminal
21and traffic base fines.

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