BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 307|
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THIRD READING
Bill No: AB 307
Author: Nestande (R)
Amended: 6/22/11 in Senate
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 9-0, 6/8/11
AYES: Wolk, Huff, DeSaulnier, Fuller, Hancock, Hernandez,
Kehoe, La Malfa, Liu
ASSEMBLY FLOOR : 66-0, 4/25/11 - See last page for vote
SUBJECT : Joint powers agreements: public agency:
federally
recognized Indian tribe
SOURCE : United Auburn Indian Community
DIGEST : This bill adds federally recognized Indian
tribes to the Joint Exercise of Powers Acts definition of a
public agency.
Senate Floor Amendments of 6/22/11 delete the section of
the bill that repeals the statute authorizing the Elk
Valley Rancheria Tribal Council to enter into specified
joint powers agreements, leaving that authority in place.
ANALYSIS : The Joint Exercise of Powers Act allows two or
more public agencies to use their powers in common if they
sign a joint powers agreement. Sometimes an agreement
creates a new, separate government called a joint powers
CONTINUED
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authority (JPA). Public officials have created
approximately 700 JPAs which are confederations of
governments working together for common purposes.
State law generally limits membership in JPAs to public
agencies: federal, state, and local governments.
According to a 1996 informal Attorney General's opinion,
tribal governments cannot sign joint powers agreements
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:
The Hoopa Business Council can join the Humboldt County
Association of Governments �AB 1137 (Hauser), Chapter 73,
Statutes of 1987].
The Torres Martinez Desert Cahuilla Indians can join the
Salton Sea Authority �AB 959 (Kelley), Chapter 19,
Statutes of 2001].
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].
Most federally recognized Indian tribes received federal
recognition status through treaties, acts of Congress,
presidential executive orders, other federal administrative
actions, or federal court decisions. Federal law specifies
three ways in which an Indian group may become federally
recognized:
By Act of Congress,
By administrative procedures specified in federal
regulations, or
By decision of a United States court.
This bill adds federally recognized Indian tribes to the
Joint Exercise of Powers Act's definition of a "public
agency."
This bill prohibits any joint powers authority that
includes a federally recognized Indian tribe from having
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the authority to authorize or issue Marks-Roos bonds
unless:
The public improvements to be funded by the bonds will be
owned and maintained by the authority or one or more of
its public agency members, and
The revenue streams pledged to repay the bonds derive
from the authority, one or more of its public agency
members, or any governmental or public fund or account
the proceeds of which may be used for that purpose.
This bill defines "governmental or public fund or account"
as including monies or revenue streams derived from, held
by, belonging to, due to, or otherwise held for the benefit
of, one or more public agency members, but not including
any fund or account that is funded by any grants
distributed to local government agencies from the Indian
Gaming Special Distribution Fund.
This bill repeals the statutes authorizing the Torres
Martinez Desert Cahuilla Indians to enter into specified
joint powers agreements. This bill repeals language
authorizing the Hoopa Business Council to enter into a
joint powers agreement specifically for the purpose of
participating on the Humboldt County Association of
Governments.
This bill declares that it must not be construed to affect,
modify, or repeal any existing joint powers authority
formed before its effective date, including a joint powers
authority that includes a federally recognized Indian tribe
as a party or cooperating agency. This bill continues any
authority granted by any prior law for a federally
recognized Indian tribe to enter into a joint powers
agreement.
Comments
Recognizing that collaboration between local governments
and tribal governments on matters of mutual concern can
produce significant public benefits, this bill eliminates
the need for local governments to seek legislative approval
before entering into JPAs with Indian tribes. California
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local governments already exercise independent discretion
when entering into joint powers agreements with each other,
California state agencies, the federal government, federal
agencies, other states, or even local governments from
other states. This bill simply grants local governments
the same discretionary authority to enter into JPAs with
federally recognized Indian tribes. Two California joint
powers authorities already include Indian tribal
governments as members; the Salton Sea Authority's
membership includes the Torres Martinez Desert Cahuilla
Indians and the Border Coast Regional Airport Authority's
membership includes the Elk Valley Rancheria. State laws
in other states, including Arizona, Nevada, New Mexico,
Oregon, and Washington authorize joint powers agreements
that include tribal governments. This bill follows these
examples by eliminating the statutory barrier to
local-tribal government collaboration through joint powers
agreements.
Prior Legislation
This bill is similar to several recently unsuccessful
legislative efforts to authorize tribal participation in
JPAs. Governor Schwarzenegger vetoed:
AB 2166 (Chesbro, 2010), which would have allowed the
Smith River Rancheria Tribal Council to join the Border
Coast Regional Airport Authority.
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 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.
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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."
Related Legislation
AB 798 (Chesbro, 2011) allows the Smith River Rancheria
Tribal Council to enter into a joint powers agreement.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/23/11)
United Auburn Indian Community (source)
Agua Caliente Band of Cahuilla Indians
California Nations Indian Gaming Association
California State Firefighters' Association
City of La Mesa
Coachella Valley Association of Governments
Elk Valley Rancheria
Heartland Communications Facility Authority
San Diego Association of Governments
San Diego County Supervisor Dianne Jacob
Santa Ynez Band of Chumash Indians
Smith River Rancheria
Susanville Indian Rancheria
Yocha Dehe Wintun Nation
ASSEMBLY FLOOR :
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Campos, Carter, Cedillo,
Chesbro, Cook, Davis, Dickinson, Eng, Feuer, Fletcher,
Fong, Fuentes, Galgiani, Gatto, Gordon, Grove, Hall,
Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries,
Knight, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza,
Miller, Monning, Morrell, Nestande, Nielsen, Norby, Pan,
Perea, V. Manuel P�rez, Portantino, Silva, Skinner,
Smyth, Solorio, Swanson, Torres, Valadao, Wagner,
Wieckowski, Williams, Yamada, John A. P�rez
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NO VOTE RECORDED: Charles Calderon, Conway, Donnelly,
Furutani, Garrick, Gorell, Hagman, Halderman, Roger
Hern�ndez, Jones, Lara, Mitchell, Olsen, Vacancy
AGB:mw 6/23/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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