Amended IN Senate August 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3262Introduced by Committee on Governmental Organization (Assembly Members Gray (Chair), Bigelow (Vice Chair), Acosta, Aguiar-Curry, Bonta, Cooper, Gallagher, Eduardo Garcia, Gipson, Gloria, Jones-Sawyer, Lackey, Levine, Low, Salas, and Waldron) Assembly Member GrayApril 05, 2018 An act to amend Section 12715 of add Section 12012.94 to the Government Code, relating to tribal gaming. gaming, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 3262, as amended, Committee on Governmental Organization Gray. Tribal gaming: local agencies. 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 those 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 first amendment to the tribal-state gaming compact entered into between the State of California and the Santa Ynez Band of Mission Indians, executed on August 1, 2018. The bill would provide that, in deference to tribal sovereignty, certain actions are not projects for the purposes of CEQA.This bill would declare that it is to take effect immediately as an urgency statute.Existing law creates in the State Treasury the Indian Gaming Special Distribution Fund for the receipt and deposit of moneys received by the state from certain Indian tribes pursuant to the terms of gaming compacts entered into with the state. Existing law authorizes moneys in that fund to be used for specified purposes, including for grants for the support of state and local government agencies impacted by tribal government gaming. Existing law, until January 1, 2021, creates a County Tribal Casino Account in the treasury of each county that contains a tribal casino, which is funded according to specified formulas, and further divided into a separate account, known as an Individual Tribal Casino Account, for each tribe that operates a casino within the county. Existing law establishes an Indian Gaming Local Community Benefit Committee in each county in which gaming is conducted and requires that committee to make the selection of grants from the casino accounts.Existing law requires funds not allocated from a County Tribal Casino Account or an Individual Tribal Casino Account for the grants by the end of each fiscal year to revert back to the Indian Gaming Special Distribution Fund.This bill would delete obsolete provisions relating to allocations made in specified fiscal years, and would make additional technical, nonsubstantive changes.Digest Key Vote: MAJORITY2/3 Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12012.94 is added to the Government Code, to read:12012.94. (a) The first amendment to 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 Santa Ynez Band of Mission Indians, executed on August 1, 2018, 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 the first amendment to the tribal-state gaming compact ratified by this section.(B) The execution of the amended 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 amended 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 amended tribal-state gaming compact ratified by this section.(E) The on-reservation impacts of compliance with the terms of the amended 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, 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 Santa Ynez Band of Mission Indians 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.
Amended IN Senate August 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3262Introduced by Committee on Governmental Organization (Assembly Members Gray (Chair), Bigelow (Vice Chair), Acosta, Aguiar-Curry, Bonta, Cooper, Gallagher, Eduardo Garcia, Gipson, Gloria, Jones-Sawyer, Lackey, Levine, Low, Salas, and Waldron) Assembly Member GrayApril 05, 2018 An act to amend Section 12715 of add Section 12012.94 to the Government Code, relating to tribal gaming. gaming, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 3262, as amended, Committee on Governmental Organization Gray. Tribal gaming: local agencies. 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 those 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 first amendment to the tribal-state gaming compact entered into between the State of California and the Santa Ynez Band of Mission Indians, executed on August 1, 2018. The bill would provide that, in deference to tribal sovereignty, certain actions are not projects for the purposes of CEQA.This bill would declare that it is to take effect immediately as an urgency statute.Existing law creates in the State Treasury the Indian Gaming Special Distribution Fund for the receipt and deposit of moneys received by the state from certain Indian tribes pursuant to the terms of gaming compacts entered into with the state. Existing law authorizes moneys in that fund to be used for specified purposes, including for grants for the support of state and local government agencies impacted by tribal government gaming. Existing law, until January 1, 2021, creates a County Tribal Casino Account in the treasury of each county that contains a tribal casino, which is funded according to specified formulas, and further divided into a separate account, known as an Individual Tribal Casino Account, for each tribe that operates a casino within the county. Existing law establishes an Indian Gaming Local Community Benefit Committee in each county in which gaming is conducted and requires that committee to make the selection of grants from the casino accounts.Existing law requires funds not allocated from a County Tribal Casino Account or an Individual Tribal Casino Account for the grants by the end of each fiscal year to revert back to the Indian Gaming Special Distribution Fund.This bill would delete obsolete provisions relating to allocations made in specified fiscal years, and would make additional technical, nonsubstantive changes.Digest Key Vote: MAJORITY2/3 Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Senate August 22, 2018
Amended IN Senate August 22, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 3262
Introduced by Committee on Governmental Organization (Assembly Members Gray (Chair), Bigelow (Vice Chair), Acosta, Aguiar-Curry, Bonta, Cooper, Gallagher, Eduardo Garcia, Gipson, Gloria, Jones-Sawyer, Lackey, Levine, Low, Salas, and Waldron) Assembly Member GrayApril 05, 2018
Introduced by Committee on Governmental Organization (Assembly Members Gray (Chair), Bigelow (Vice Chair), Acosta, Aguiar-Curry, Bonta, Cooper, Gallagher, Eduardo Garcia, Gipson, Gloria, Jones-Sawyer, Lackey, Levine, Low, Salas, and Waldron) Assembly Member Gray
April 05, 2018
An act to amend Section 12715 of add Section 12012.94 to the Government Code, relating to tribal gaming. gaming, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 3262, as amended, Committee on Governmental Organization Gray. Tribal gaming: local agencies. 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 those 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 first amendment to the tribal-state gaming compact entered into between the State of California and the Santa Ynez Band of Mission Indians, executed on August 1, 2018. The bill would provide that, in deference to tribal sovereignty, certain actions are not projects for the purposes of CEQA.This bill would declare that it is to take effect immediately as an urgency statute.Existing law creates in the State Treasury the Indian Gaming Special Distribution Fund for the receipt and deposit of moneys received by the state from certain Indian tribes pursuant to the terms of gaming compacts entered into with the state. Existing law authorizes moneys in that fund to be used for specified purposes, including for grants for the support of state and local government agencies impacted by tribal government gaming. Existing law, until January 1, 2021, creates a County Tribal Casino Account in the treasury of each county that contains a tribal casino, which is funded according to specified formulas, and further divided into a separate account, known as an Individual Tribal Casino Account, for each tribe that operates a casino within the county. Existing law establishes an Indian Gaming Local Community Benefit Committee in each county in which gaming is conducted and requires that committee to make the selection of grants from the casino accounts.Existing law requires funds not allocated from a County Tribal Casino Account or an Individual Tribal Casino Account for the grants by the end of each fiscal year to revert back to the Indian Gaming Special Distribution Fund.This bill would delete obsolete provisions relating to allocations made in specified fiscal years, and would make additional technical, nonsubstantive changes.
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 those 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 first amendment to the tribal-state gaming compact entered into between the State of California and the Santa Ynez Band of Mission Indians, executed on August 1, 2018. The bill would provide that, in deference to tribal sovereignty, certain actions are not projects for the purposes of CEQA.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law creates in the State Treasury the Indian Gaming Special Distribution Fund for the receipt and deposit of moneys received by the state from certain Indian tribes pursuant to the terms of gaming compacts entered into with the state. Existing law authorizes moneys in that fund to be used for specified purposes, including for grants for the support of state and local government agencies impacted by tribal government gaming. Existing law, until January 1, 2021, creates a County Tribal Casino Account in the treasury of each county that contains a tribal casino, which is funded according to specified formulas, and further divided into a separate account, known as an Individual Tribal Casino Account, for each tribe that operates a casino within the county. Existing law establishes an Indian Gaming Local Community Benefit Committee in each county in which gaming is conducted and requires that committee to make the selection of grants from the casino accounts.
Existing law requires funds not allocated from a County Tribal Casino Account or an Individual Tribal Casino Account for the grants by the end of each fiscal year to revert back to the Indian Gaming Special Distribution Fund.
This bill would delete obsolete provisions relating to allocations made in specified fiscal years, and would make additional technical, nonsubstantive changes.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 12012.94 is added to the Government Code, to read:12012.94. (a) The first amendment to 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 Santa Ynez Band of Mission Indians, executed on August 1, 2018, 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 the first amendment to the tribal-state gaming compact ratified by this section.(B) The execution of the amended 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 amended 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 amended tribal-state gaming compact ratified by this section.(E) The on-reservation impacts of compliance with the terms of the amended 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, 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 Santa Ynez Band of Mission Indians 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 12012.94 is added to the Government Code, to read:12012.94. (a) The first amendment to 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 Santa Ynez Band of Mission Indians, executed on August 1, 2018, 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 the first amendment to the tribal-state gaming compact ratified by this section.(B) The execution of the amended 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 amended 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 amended tribal-state gaming compact ratified by this section.(E) The on-reservation impacts of compliance with the terms of the amended 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, from the requirements of the California Environmental Quality Act.
SECTION 1. Section 12012.94 is added to the Government Code, to read:
### SECTION 1.
12012.94. (a) The first amendment to 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 Santa Ynez Band of Mission Indians, executed on August 1, 2018, 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 the first amendment to the tribal-state gaming compact ratified by this section.(B) The execution of the amended 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 amended 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 amended tribal-state gaming compact ratified by this section.(E) The on-reservation impacts of compliance with the terms of the amended 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, from the requirements of the California Environmental Quality Act.
12012.94. (a) The first amendment to 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 Santa Ynez Band of Mission Indians, executed on August 1, 2018, 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 the first amendment to the tribal-state gaming compact ratified by this section.(B) The execution of the amended 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 amended 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 amended tribal-state gaming compact ratified by this section.(E) The on-reservation impacts of compliance with the terms of the amended 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, from the requirements of the California Environmental Quality Act.
12012.94. (a) The first amendment to 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 Santa Ynez Band of Mission Indians, executed on August 1, 2018, 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 the first amendment to the tribal-state gaming compact ratified by this section.(B) The execution of the amended 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 amended 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 amended tribal-state gaming compact ratified by this section.(E) The on-reservation impacts of compliance with the terms of the amended 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, from the requirements of the California Environmental Quality Act.
12012.94. (a) The first amendment to 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 Santa Ynez Band of Mission Indians, executed on August 1, 2018, 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 the first amendment to the tribal-state gaming compact ratified by this section.
(B) The execution of the amended 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 amended 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 amended tribal-state gaming compact ratified by this section.
(E) The on-reservation impacts of compliance with the terms of the amended 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, 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 Santa Ynez Band of Mission Indians 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.
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 Santa Ynez Band of Mission Indians 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.
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:
### SEC. 2.
In order to enhance the economic development, stability, and self-sufficiency of the Santa Ynez Band of Mission Indians 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.