SB 1019, as introduced, Berryhill. Indian gaming compacts.
Existing law expressly ratifies specified tribal-state gaming compacts entered in accordance with the federal Indian Gaming Regulatory Act of 1988. Existing law further sets forth the procedures by which a materially identical compact entered into between the State of California and any other federally recognized Indian tribe may be ratified.
This bill would make technical, nonsubstantive changes to those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 12012.5 of the Government Code is
2amended to read:
(a) The following tribal-state compacts entered in
4accordance with the Indian Gaming Regulatory Act of 1988 (18
5U.S.C. Sec. 1166 et seq. and 25 U.S.C. Sec. 2701 et seq.) are
6hereby ratified:
7(1) The compact between the State of California and the Barona
8Band of Mission Indians, executed on August 12, 1998.
9(2) The compact between the State of California and the Big
10Sandy Rancheria of Mono Indians, executed on July 20, 1998.
P2 1(3) The compact between the State of California and the Cher-Ae
2Heights Indian Community of Trinidad Rancheria, executed on
3July 13, 1998.
4(4) The compact between the State of California and the Jackson
5Rancheria Band of Miwuk Indians, executed on July 13, 1998.
6(5) The compact between the State of California and the
7Mooretown Rancheria of Concow/Maidu Indians, executed on
8July 13, 1998.
9(6) The compact between the State of California and the Pala
10Band of Mission Indians, as approved by the Secretary of the
11Interior on April 25, 1998.
12(7) The compact between the State of California and the Redding
13Rancheria, executed on August 11, 1998.
14(8) The compact between the State of California and the Rumsey
15Indian Rancheria of Wintun Indians of California, executed on
16July 13, 1998.
17(9) The compact between the State of California and the Sycuan
18Band of Mission Indians, executed on August 12, 1998.
19(10) The compact between the State of California and the Table
20Mountain Rancheria, executed on July 13, 1998.
21(11) The compact between the State of California and the Viejas
22Band of Kumeyaay Indians, executed on or about August 17, 1998.
23The terms of each compact apply only to the State of California
24and the tribe that has signed it, and the terms of these compacts
25begin delete doend deletebegin insert shallend insert not bind any tribe that is not a signatory to any of the
26compacts.
27(b) Any other
compact entered into between the State of
28California and any other federally recognized Indian tribe which
29is executed after August 24, 1998, is hereby ratified if (1) the
30compact is identical in all material respects to any of the compacts
31ratified pursuant to subdivision (a), and (2) the compact is not
32rejected by each house of the Legislature, two-thirds of the
33membership thereof concurring, within 30 days of the date of the
34submission of the compact to the Legislature by the Governor.
35However, if the 30-day period ends during a joint recess of the
36Legislature, the period shall be extended until the fifteenth day
37following the day on which the Legislature reconvenes. A compact
38will be deemed to be materially identical to a compact ratified
39pursuant to subdivision (a) if the Governor certifies that it is
P3 1materially identical at the time he or she submits it to the
2Legislature.
3(c) The Legislature acknowledges the right of federally
4recognized
tribes to exercise their sovereignty to negotiate and
5enter into compacts with the state that are materially different from
6the compacts ratified pursuant to subdivision (a). These compacts
7shall be ratified upon approval of each house of the Legislature, a
8majority of the membership thereof concurring.
9(d) The Governor is the designated state officer responsible for
10negotiating and executing, on behalf of the state, tribal-state gaming
11compacts with federally recognized Indian tribes in the State of
12California pursuant to the federal Indian Gaming Regulatory Act
13of 1988 (18 U.S.C. Sec. 1166 et seq. and 25 U.S.C. Sec. 2701 et
14seq.) for the purpose of authorizing class III gaming, as defined
15in that act, on Indian lands. Nothing in this section shall be
16construed to deny the existence of the Governor’s authority to have
17negotiated and executed tribal-state compactsbegin delete prior toend deletebegin insert
beforeend insert the
18effective date of this section.
19(e) The Governor is authorized to waive the state’s immunity
20to suit in federal court in connection with any compact negotiated
21with an Indian tribe or any action brought by an Indian tribe under
22the Indian Gaming Regulatory Act (18 U.S.C. Sec. 1166 et seq.
23and 25 U.S.C. Sec. 2701 et seq.).
24(f) In deference to tribal sovereignty, the execution of, and
25compliance with the terms of, any compact specified under
26subdivision (a) or (b) shall not be deemed to constitute a project
27for purposes of the California Environmental Quality Act (Division
2813 (commencing with Section 21000) of the Public Resources
29Code).
30(g) Nothing in this section shall be interpreted to authorize the
31unilateral imposition of a statewide limit on the number of lottery
32devices or of
any allocation system for lottery devices on any
33Indian tribe that has not entered into a compact that provides for
34such a limit or allocation system. Each tribe may negotiate
35separately with the state over these matters on a
36government-to-government basis.
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