BILL ANALYSIS
AB 122
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 122 (Coto)
As Amended September 10, 2009
2/3 vote. Urgency
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|ASSEMBLY: | |(June 3, 2009) |SENATE: |30-4 |(December 17, |
| | | | | |2009) |
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(vote not relevant)
Original Committee Reference: ED.
SUMMARY : Tribal-state gaming compact between the State of
California and the Pinoleville Pomo Nation, executed on March
10, 2009.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Establish findings and declarations to determine that:
a) The terms of the tribal-state gaming compacts ratified
by this act apply only to the State of California and the
tribes that have signed them, and the terms of the compacts
ratified by this act do not bind any other tribe; and,
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 between the
State of California and the Pinoleville Pomo Nation.
2)Ratify the tribal-state gaming compact entered into accordance
with the Indian Gaming Regulatory Act of 1988 between the
State of California and the Pinoleville Pomo Nation, executed
on March 10, 2009.
3)Make relating technical amendments.
4)Add an urgency clause.
EXISTING LAW :
1)Provides, under the federal Indian Gaming Regulatory Act
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(IGRA), for the negotiation and conclusion of compacts between
federally recognized Indian tribes and the state for the
purpose of conducting class III gaming activities on Indian
lands within a state as a means of promoting tribal economic
development, self-sufficiency, and strong tribal governments.
2)Authorizes, under federal law, the conduct of class III gaming
activities to the extent such activities are permitted by
state law, a gaming compact has been concluded by a federally
recognized tribe and the state, and the compact has been
approved by the Secretary of the Interior.
3)Limits the operation of class III gaming activities to Indian
lands acquired on or before October 17, 1988. Provides for
certain exceptions to conduct gaming activities on Indian
lands acquired after October 17, 1988.
4)Defines, under federal law, Indian lands to mean all lands
within the limits of any Indian reservation, and any lands
title to which is either held in trust by the United States
for the benefit of any Indian tribe or individual or held by
any Indian tribe or individual subject to restriction by the
United States against alienation and over which an Indian
tribe exercises governmental power.
5)Requires the state to negotiate to conclude a compact in good
faith with an Indian tribe having jurisdiction over the Indian
lands upon which the class III gaming activity is to be
conducted. Provides the United States district courts with
jurisdiction over any cause of action initiated by a tribal
government alleging that the state failed to negotiate in good
faith to conclude a compact. Prescribes the remedy, mediation
supervised by the courts, if it is found that the state failed
to negotiate in good faith to conclude a compact.
6)Authorizes the Governor, under the California Constitution, to
negotiate and conclude compacts, subject to ratification by
the Legislature . To date, 68 compacts have been ratified.
FISCAL EFFECT : Unknown.
COMMENTS : This bill, as amended in the Senate, ratifies the
tribal-state gaming compact that was negotiated between the
State of California and the Pinoleville Pomo Nation on March 10,
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2009.
The Pinoleville Pomo Nation (Tribe) is a federally recognized
Indian tribe listed in the Federal Register as the Pinoleville
Pomo Nation, California (formerly the Pinoleville Rancheria of
Pomo Indians of California). The Tribe's reservation is the
Pinoleville Rancheria. The rancheria occupies approximely 100
acres on the northern edge of Ukiah in Mendocino County. The
Tribe has a membership of approximately 250 members. The Tribe
is governed by an elected council of seven members.
On March 10, 2009, Governor Schwarzenegger and the Pinoleville
Pomo Nation signed a tribal-state gaming compact. According to
the Governor's Office," the compact follows a similar blueprint
of the compacts that the Governor has previously negotiated in
that it provides important benefits to the state, protects both
employees and patrons, and provides for environmental
protections." Under the terms of the compact, the Tribe may
engage in Class III Gaming only on eligible Indian lands at a
single gaming facility located within the boundaries of the
Pinoleville Rancheria, as those boundaries exist as of the
execution date of the compact.
The compact will run through December 31, 2030 and allow a
maximum of 900 slot machines. Under the terms of the compact,
the Tribe will share 15 % of annual net win revenues with the
state. The non-monetary aspects of the compact are similar to
recent compacts (i.e., to enter into arrangements to mitigate to
the extent practicable the off-reservation environmental impacts
of its gaming facility on local communities and local
governments, and to offer worker and consumer protections).
Ratification of this compact for the Pinoleville Pomo Nation is
intended to assist them in addressing the problems it is facing
with the high unemployment and poverty rates, as well as
providing health, housing, and educational needs for its
members.
This bill was a "gut-and-amend" in the Senate and the
Assembly-approved provisions of this bill were deleted. The
prior bill proposed a pilot program that would have established
conditions for a school district to meet in order to establish a
small school.
Related legislation : SB 89 (Senate Budget and Fiscal Review),
amended December 10, 2009, ratifies the tribal-state gaming
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compact negotiated between the State of California and the
Habematolel Pomo of Upper Lake, executed on September 2, 2009.
This bill passed the Senate by a vote of 30-3 on December 17,
2009.
AB 1576 (Chesbro), amended September 10, 2009, ratifies the
tribal-state gaming compact negotiated between the State of
California and the Habematolel Pomo of Upper Lake, executed on
September 2, 2009. Currently, this bill is on the Senate Floor.
Analysis Prepared by : Rod Brewer / G. O. / (916) 319-2531
FN: 0003511