California Assembly Bill AB466 Amended / Bill

 BILL NUMBER: AB 466AMENDED BILL TEXT AMENDED IN SENATE AUGUST 17, 2016 AMENDED IN SENATE JUNE 29, 2016 AMENDED IN SENATE JULY 6, 2015 AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY Assembly Member  McCarty   Brown   (   Principal coauthor:   Assembly Member   Gray   )   (   Principal coauthor:   Senator   Lara   )  (Coauthors: Assembly Members  Atkins,     Gonzalez,     and Weber   Bigelow   and McCarty  ) FEBRUARY 23, 2015  An act to add Section 26157 to the Penal Code, relating to firearms.   An act to add Section 12012.80 to the Government Code, relating to tribal gaming   .  LEGISLATIVE COUNSEL'S DIGEST AB 466, as amended,  McCarty   Brown  .  Firearms: concealed carry license.   Tribal gaming: compact ratification.   Existing federal law, the Indian Gaming Regulatory Act of 1988, 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 to tribal-state gaming compacts, between the State of California and specified Indian tribes.   The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect.   This bill would ratify the tribal-state gaming compact entered into between the State of California and the San Manuel Band of Mission Indians, executed on August 16, 2016. The bill would provide that, in deference to tribal sovereignty, certain actions are not projects for the purposes of CEQA.   Existing law authorizes specified local law enforcement agencies to issue to an applicant a license to carry a concealed firearm if certain requirements are met, including, among others, that the applicant has good cause for the license.   This bill would state that "good cause" for those purposes means facts that distinguish the applicant from the mainstream public and place the applicant in harm's way.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 12012.80 is added to the   Government Code  , to read:   12012.80. (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive, and 25 U.S.C. Sec. 2701 et seq.) between the State of California and the San Manuel Band of Mission Indians, executed on August 16, 2016, 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 tribal-state gaming compact ratified by this section. (B) The execution of the 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 tribal-state gaming compact ratified by this section. (D) The execution of an intergovernmental agreement between a tribe and the Department of Transportation negotiated pursuant to the express authority of, or as expressly referenced in, the tribal-state gaming compact ratified by this section. (E) The on-reservation impacts of compliance with the terms of the 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, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, from the requirements of the California Environmental Quality Act.       SECTION 1.   Section 26157 is added to the Penal Code, to read: 26157. "Good cause," for purposes of Sections 26150 and 26155, means facts that distinguish the applicant from the mainstream public and place the applicant in harm's way.