BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2166|
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THIRD READING
Bill No: AB 2166
Author: Chesbro (D), et al
Amended: 8/2/10
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE : 5-0, 6/30/10
AYES: Cox, Aanestad, Kehoe, DeSaulnier, Price
ASSEMBLY FLOOR : 68-1, 4/22/10 - See last page for vote
SUBJECT : Joint powers agreement: public agencies
SOURCE : Border Coast regional Airport Authority
Smith River Rancheria
DIGEST : This bill authorizes Smith River Rancheria
Tribal Council to enter into a joint powers agreement (JPA)
to participate in the Border Coast Regional Airport
Authority, and declares Smith River Rancheria to be a
public agency for purposes of that JPA.
ANALYSIS : The Joint Exercise of Powers Act allows two or
more public agencies to use their powers in common if they
sign a JPA. Sometimes an agreement creates a new, separate
government called a joint powers authority. Public
officials have created about 724 JPAs which are
confederations of governments working together for common
purposes.
State law generally limits membership in JPAs to public
CONTINUED
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agencies: federal, state, and local governments. According
to a 1996 informal Attorney General's opinion, tribal
governments can't sign JPAs because Indian tribes are
"domestic dependent nations" and not public agencies as
defined by the Act.
Nevertheless, the Legislature has allowed three tribal
governments to join JPAs:
1. The Hoopa Business Council can join the Humboldt County
Association of Governments (AB 1137, Hauser, 1987).
2. The Torres Martinez Desert Cahuilla Indians can join the
Salton Sea Authority (AB 959 [Kelley], Chapter 19,
Statutes of 2001).
3. The Elk Valley Rancheria Tribal Council can join a JPA
with Del Norte County or the City of Crescent City, or
both (AB 1172 [Berg], Chapter 39, Statutes of 2003).
This bill allows the Smith River Rancheria Tribal Council
to enter into a JPA to participate in the Border Coat
Regional Airport Authority. The Smith River Rancheria
Tribal Council is deemed to be a public agency for the
purposes of the Joint Exercise of Powers Act.
Comments
The Del Norte County Regional Airport is a commercial
service and general aviation airport located north of
Crescent City (Del Norte County). The Border Coast
Regional Airport Authority, a JPA, operates the airport.
The JPA's governing board includes representatives from Del
Norte County, the City of Crescent City, the Elk Valley
Rancheria, the City of Brookings (Oregon), and Curry County
(Oregon). The Smith River Rancheria is a
federally-recognized sovereign tribal nation located about
14 miles north of Crescent City. As the governing body of
a community served by the Del Norte County Regional
Airport, the Smith River Rancheria Tribal Council wants the
same ability to become a member of the Border Coast Airport
Authority JPA that the Legislature granted to the Elk
Valley Rancheria Tribal Council.
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The California Constitution prohibits special legislation
when a general law can apply. This bill contains findings
and declarations explaining the need for legislation that
applies only to the Smith River Rancheria Tribal Council.
Prior Legislation
This bill is similar to a number of recently unsuccessful
legislative efforts to authorize tribal participation in
JPAs. Governor Schwarzenegger vetoed:
AB 1884 (Maze, 2008), which would have allowed the
Tule River Tribal Council to join a JPA to develop
land near the Porterville airport.
AB 1962 (Berg, 2006), which would have allowed the
Tribal Council of the Yurok Tribe to join a JPA to
restore fisheries in the Klamath River Basin.
AB 2762 (Levine, 2006) which would have allowed 17
tribal governments to join a the Southern California
Association of Governments.
AB 1747 (Wolk, 2005) which would have allowed the
Rumsey Band of Wintun Indians to join a JPA in Yolo
County.
The Governor's veto messages cited various concerns related
to tribes' exercising sovereign powers, particularly off
reservation lands, and expressed his preference that tribes
and local governments cooperate through "agreements and
memorandums of understanding."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/2/10)
Border Coast Regional Airport Authority (co-source)
Smith River Rancheria (co-source)
Agua Caliente Band of Cahuilla Indians
California Association of Tribal Governments
California Nations Indian Gaming Association
California State Association of Counties
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California Tribal Business Alliance
City of Brookings (Oregon)
Cloverdale Rancheria
City of Crescent City
Crescent City - Del Norte County Chamber of Commerce
Curry County (Oregon)
Del Norte County
Elk Valley Rancheria
Morongo Band of Mission Indians
Ramona Band of Cahuilla Indians
Regional Council of Rural Counties
Santa Ynez Band of Chumash Indians
Scotts Valley Band of Pomo Indians
Shingle Springs Rancheria
Susanville Indian Rancheria
Sycuan Band of the Kumeyaay Nation
United Auburn Indian Community of the Auburn Rancheria
OPPOSITION : (Verified 8/2/10)
Governor's Office of Planning and Research
ARGUMENTS IN SUPPORT : According to the author's office,
Smith River Rancheria, a federally recognized tribe, has
had a standing invitation to join the JPA, but has been
unable to do so because it lacks the legislative authority
declaring the sovereign Indian tribe a "public agency" for
purposes of JPA law. The author's office says, because
Smith River Ranceria will be entering an existing JPA that
already has one tribal member, this bill significantly
differs from prior legislative attempts that were vetoed to
allow a tribe to enter into a JPA with a public agency.
ARGUMENTS IN OPPOSITION : According to the Governor's
Office of Planning and Research opposition letter "AB 2166
would allow for the creation of a tribal-JPA with very
broad powers and authority but with little to no
specificity regarding its responsibilities, limitations,
and public oversight." The letters notes that this bill
does not satisfy the Governor's previous concerns provided
in his veto message of similar legislation.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
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Bill Berryhill, Tom Berryhill, Blakeslee, Block,
Bradford, Brownley, Buchanan, Charles Calderon, Carter,
Chesbro, Cook, Coto, Davis, De La Torre, De Leon,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Jeffries,
Jones, Knight, Lieu, Bonnie Lowenthal, Ma, Mendoza,
Miller, Monning, Nava, Nestande, Nielsen, V. Manuel
Perez, Portantino, Ruskin, Salas, Saldana, Silva,
Skinner, Solorio, Audra Strickland, Swanson, Torres,
Torrico, Tran, Villines, Yamada, John A. Perez
NOES: Niello
NO VOTE RECORDED: Blumenfield, Caballero, Conway, DeVore,
Huber, Huffman, Logue, Norby, Smyth, Torlakson, Vacancy
AGB:do 8/4/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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