California 2017-2018 Regular Session

California Assembly Bill AB1433 Compare Versions

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1-Assembly Bill No. 1433 CHAPTER 11An act to add Section 12012.93 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately. [ Approved by Governor May 14, 2018. Filed with Secretary of State May 14, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 1433, Wood. 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 tribal-state gaming 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.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 Elk Valley Rancheria, California, executed on August 31, 2017. The bill would provide that, in deference to tribal sovereignty, certain actions related to that compact are not projects for purposes of CEQA.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12012.93 is added to the Government Code, to read:12012.93. (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 Elk Valley Rancheria, California, executed on August 31, 2017, 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, or amendments thereto, 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, or other state agency, 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.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, or any state agency or local jurisdiction, from the requirements of the California Environmental Quality Act.SEC. 2. 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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to enhance the economic development, stability, and self-sufficiency of the Elk Valley Rancheria, California, and to protect the interests of the tribe and its members, the surrounding community, and the California public at the earliest possible time, it is necessary that this act take effect immediately.
1+Enrolled May 03, 2018 Passed IN Senate April 26, 2018 Passed IN Assembly May 03, 2018 Amended IN Senate April 10, 2018 Amended IN Senate July 18, 2017 Amended IN Senate June 21, 2017 Amended IN Assembly April 27, 2017 Amended IN Assembly April 18, 2017 Amended IN Assembly April 06, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1433Introduced by Assembly Member Wood(Coauthor: Senator McGuire)February 17, 2017An act to add Section 12012.93 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 1433, Wood. 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 tribal-state gaming 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.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 Elk Valley Rancheria, California, executed on August 31, 2017. The bill would provide that, in deference to tribal sovereignty, certain actions related to that compact are not projects for purposes of CEQA.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12012.93 is added to the Government Code, to read:12012.93. (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 Elk Valley Rancheria, California, executed on August 31, 2017, 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, or amendments thereto, 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, or other state agency, 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.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, or any state agency or local jurisdiction, from the requirements of the California Environmental Quality Act.SEC. 2. 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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to enhance the economic development, stability, and self-sufficiency of the Elk Valley Rancheria, California, and to protect the interests of the tribe and its members, the surrounding community, and the California public at the earliest possible time, it is necessary that this act take effect immediately.
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3- Assembly Bill No. 1433 CHAPTER 11An act to add Section 12012.93 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately. [ Approved by Governor May 14, 2018. Filed with Secretary of State May 14, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 1433, Wood. 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 tribal-state gaming 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.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 Elk Valley Rancheria, California, executed on August 31, 2017. The bill would provide that, in deference to tribal sovereignty, certain actions related to that compact are not projects for purposes of CEQA.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Enrolled May 03, 2018 Passed IN Senate April 26, 2018 Passed IN Assembly May 03, 2018 Amended IN Senate April 10, 2018 Amended IN Senate July 18, 2017 Amended IN Senate June 21, 2017 Amended IN Assembly April 27, 2017 Amended IN Assembly April 18, 2017 Amended IN Assembly April 06, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1433Introduced by Assembly Member Wood(Coauthor: Senator McGuire)February 17, 2017An act to add Section 12012.93 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 1433, Wood. 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 tribal-state gaming 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.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 Elk Valley Rancheria, California, executed on August 31, 2017. The bill would provide that, in deference to tribal sovereignty, certain actions related to that compact are not projects for purposes of CEQA.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO
4+
5+ Enrolled May 03, 2018 Passed IN Senate April 26, 2018 Passed IN Assembly May 03, 2018 Amended IN Senate April 10, 2018 Amended IN Senate July 18, 2017 Amended IN Senate June 21, 2017 Amended IN Assembly April 27, 2017 Amended IN Assembly April 18, 2017 Amended IN Assembly April 06, 2017
6+
7+Enrolled May 03, 2018
8+Passed IN Senate April 26, 2018
9+Passed IN Assembly May 03, 2018
10+Amended IN Senate April 10, 2018
11+Amended IN Senate July 18, 2017
12+Amended IN Senate June 21, 2017
13+Amended IN Assembly April 27, 2017
14+Amended IN Assembly April 18, 2017
15+Amended IN Assembly April 06, 2017
16+
17+ CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
418
519 Assembly Bill No. 1433
6-CHAPTER 11
20+
21+Introduced by Assembly Member Wood(Coauthor: Senator McGuire)February 17, 2017
22+
23+Introduced by Assembly Member Wood(Coauthor: Senator McGuire)
24+February 17, 2017
725
826 An act to add Section 12012.93 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately.
9-
10- [ Approved by Governor May 14, 2018. Filed with Secretary of State May 14, 2018. ]
1127
1228 LEGISLATIVE COUNSEL'S DIGEST
1329
1430 ## LEGISLATIVE COUNSEL'S DIGEST
1531
1632 AB 1433, Wood. Tribal gaming: compact ratification.
1733
1834 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 tribal-state gaming 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.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 Elk Valley Rancheria, California, executed on August 31, 2017. The bill would provide that, in deference to tribal sovereignty, certain actions related to that compact are not projects for purposes of CEQA.This bill would declare that it is to take effect immediately as an urgency statute.
1935
2036 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 tribal-state gaming 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.
2137
2238 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.
2339
2440 This bill would ratify the tribal-state gaming compact entered into between the State of California and the Elk Valley Rancheria, California, executed on August 31, 2017. The bill would provide that, in deference to tribal sovereignty, certain actions related to that compact are not projects for purposes of CEQA.
2541
2642 This bill would declare that it is to take effect immediately as an urgency statute.
2743
2844 ## Digest Key
2945
3046 ## Bill Text
3147
3248 The people of the State of California do enact as follows:SECTION 1. Section 12012.93 is added to the Government Code, to read:12012.93. (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 Elk Valley Rancheria, California, executed on August 31, 2017, 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, or amendments thereto, 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, or other state agency, 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.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, or any state agency or local jurisdiction, from the requirements of the California Environmental Quality Act.SEC. 2. 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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to enhance the economic development, stability, and self-sufficiency of the Elk Valley Rancheria, California, and to protect the interests of the tribe and its members, the surrounding community, and the California public at the earliest possible time, it is necessary that this act take effect immediately.
3349
3450 The people of the State of California do enact as follows:
3551
3652 ## The people of the State of California do enact as follows:
3753
3854 SECTION 1. Section 12012.93 is added to the Government Code, to read:12012.93. (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 Elk Valley Rancheria, California, executed on August 31, 2017, 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, or amendments thereto, 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, or other state agency, 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.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, or any state agency or local jurisdiction, from the requirements of the California Environmental Quality Act.
3955
4056 SECTION 1. Section 12012.93 is added to the Government Code, to read:
4157
4258 ### SECTION 1.
4359
4460 12012.93. (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 Elk Valley Rancheria, California, executed on August 31, 2017, 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, or amendments thereto, 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, or other state agency, 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.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, or any state agency or local jurisdiction, from the requirements of the California Environmental Quality Act.
4561
4662 12012.93. (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 Elk Valley Rancheria, California, executed on August 31, 2017, 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, or amendments thereto, 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, or other state agency, 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.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, or any state agency or local jurisdiction, from the requirements of the California Environmental Quality Act.
4763
4864 12012.93. (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 Elk Valley Rancheria, California, executed on August 31, 2017, 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, or amendments thereto, 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, or other state agency, 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.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, or any state agency or local jurisdiction, from the requirements of the California Environmental Quality Act.
4965
5066
5167
5268 12012.93. (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 Elk Valley Rancheria, California, executed on August 31, 2017, is hereby ratified.
5369
5470 (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):
5571
5672 (A) The execution of an amendment to the tribal-state gaming compact ratified by this section.
5773
5874 (B) The execution of the tribal-state gaming compact ratified by this section.
5975
6076 (C) The execution of an intergovernmental agreement, or amendments thereto, 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.
6177
6278 (D) The execution of an intergovernmental agreement between a tribe and the Department of Transportation, or other state agency, negotiated pursuant to the express authority of, or as expressly referenced in, the tribal-state gaming compact ratified by this section.
6379
6480 (E) The on-reservation impacts of compliance with the terms of the tribal-state gaming compact ratified by this section.
6581
6682 (2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, or any state agency or local jurisdiction, from the requirements of the California Environmental Quality Act.
6783
6884 SEC. 2. 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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to enhance the economic development, stability, and self-sufficiency of the Elk Valley Rancheria, California, and to protect the interests of the tribe and its members, the surrounding community, and the California public at the earliest possible time, it is necessary that this act take effect immediately.
6985
7086 SEC. 2. 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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to enhance the economic development, stability, and self-sufficiency of the Elk Valley Rancheria, California, and to protect the interests of the tribe and its members, the surrounding community, and the California public at the earliest possible time, it is necessary that this act take effect immediately.
7187
7288 SEC. 2. 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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:
7389
7490 ### SEC. 2.
7591
7692 In order to enhance the economic development, stability, and self-sufficiency of the Elk Valley Rancheria, California, and to protect the interests of the tribe and its members, the surrounding community, and the California public at the earliest possible time, it is necessary that this act take effect immediately.