BILL NUMBER: AB 3072 CHAPTERED
BILL TEXT
CHAPTER 334
FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2008
APPROVED BY GOVERNOR SEPTEMBER 26, 2008
PASSED THE SENATE AUGUST 14, 2008
PASSED THE ASSEMBLY AUGUST 21, 2008
AMENDED IN SENATE AUGUST 7, 2008
AMENDED IN ASSEMBLY APRIL 3, 2008
INTRODUCED BY Assembly Member Price
(Principal coauthors: Senators Perata and Battin)
MARCH 13, 2008
An act to add Section 12012.53 to the Government Code, relating to
gaming, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 3072, Price. Tribal gaming: compact ratification.
Existing federal law, the Indian Gaming Regulatory Act, 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.
This bill would ratify an amendment to a tribal-state gaming
compact entered into between the State of California and the Shingle
Springs Band of Miwok Indians, executed on June 30, 2008. The bill
would require that related revenue contributions be deposited into
the General Fund, except as specified, and would also provide that,
in deference to tribal sovereignty, certain actions may not be deemed
projects for purposes of the California Environmental Quality Act.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) The terms of the tribal-state gaming compact ratified by this
act apply only to the State of California and the tribe that has
signed it, and the terms of the compact ratified by this act do not
bind any other tribe.
(b) The Legislature acknowledges the right of federally recognized
tribes to exercise their sovereignty to negotiate and enter into
compacts with the state that are materially different from the
compact ratified pursuant to Section 12012.53.
SEC. 2. Section 12012.53 is added to the Government Code, to read:
12012.53. (a) The amendment to the tribal-state gaming compact
entered into in accordance with the Indian Gaming Regulatory Act of
1988 (18 U.S.C. Secs. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et
seq.) between the State of California and the Shingle Springs Band
of Miwok Indians, executed on June 30, 2008, 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 amended tribal-state
gaming compact ratified by this section.
(B) The execution of the amended 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 amended
tribal-state gaming compact ratified by this section.
(D) The execution of an intergovernmental agreement between a
tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the amended tribal-state gaming compact ratified by this section.
(E) The on-reservation impacts of compliance with the terms of the
amended 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, nothing in this
subdivision shall be construed to exempt a city, county, or city and
county, or the California Department of Transportation, from the
requirements of the California Environmental Quality Act.
(c) Revenue contributions made to the state by the tribe pursuant
to the tribal-state gaming compact ratified by this section shall be
deposited in the General Fund, except as otherwise provided by the
amended compact or by a statute directing that a portion of the
revenue contributions be deposited in a special fund.
SEC. 3. 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 allow the revenues from this act to be eligible for
revenue sharing at the earliest possible time to address some of the
state's pressing budget issues, it is necessary that this act take
effect immediately.