California 2019-2020 Regular Session

California Assembly Bill AB753 Compare Versions

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1-Assembly Bill No. 753 CHAPTER 683An act to add Section 12012.88 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately. [ Approved by Governor October 09, 2019. Filed with Secretary of State October 09, 2019. ] LEGISLATIVE COUNSEL'S DIGESTAB 753, Eduardo Garcia. 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 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 a specified amendment to the tribal-state gaming compact entered into between the State of California and the Cabazon Band of Mission Indians, executed on August 21, 2019. 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.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 12012.88 is added to the Government Code, to read:12012.88. (a) The 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 Cabazon Band of Mission Indians, executed on August 21, 2019, 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 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 Cabazon Band of Mission Indians and to protect the interests of the Rancheria 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 September 11, 2019 Passed IN Senate September 03, 2019 Passed IN Assembly September 09, 2019 Amended IN Senate August 28, 2019 Amended IN Senate August 22, 2019 Amended IN Assembly May 20, 2019 Amended IN Assembly May 06, 2019 Amended IN Assembly April 11, 2019 Amended IN Assembly March 14, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 753Introduced by Assembly Member Eduardo GarciaFebruary 19, 2019An act to add Section 12012.88 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 753, Eduardo Garcia. 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 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 a specified amendment to the tribal-state gaming compact entered into between the State of California and the Cabazon Band of Mission Indians, executed on August 21, 2019. 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.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 12012.88 is added to the Government Code, to read:12012.88. (a) The 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 Cabazon Band of Mission Indians, executed on August 21, 2019, 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 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 Cabazon Band of Mission Indians and to protect the interests of the Rancheria 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. 753 CHAPTER 683An act to add Section 12012.88 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately. [ Approved by Governor October 09, 2019. Filed with Secretary of State October 09, 2019. ] LEGISLATIVE COUNSEL'S DIGESTAB 753, Eduardo Garcia. 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 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 a specified amendment to the tribal-state gaming compact entered into between the State of California and the Cabazon Band of Mission Indians, executed on August 21, 2019. 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.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Enrolled September 11, 2019 Passed IN Senate September 03, 2019 Passed IN Assembly September 09, 2019 Amended IN Senate August 28, 2019 Amended IN Senate August 22, 2019 Amended IN Assembly May 20, 2019 Amended IN Assembly May 06, 2019 Amended IN Assembly April 11, 2019 Amended IN Assembly March 14, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 753Introduced by Assembly Member Eduardo GarciaFebruary 19, 2019An act to add Section 12012.88 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 753, Eduardo Garcia. 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 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 a specified amendment to the tribal-state gaming compact entered into between the State of California and the Cabazon Band of Mission Indians, executed on August 21, 2019. 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.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO
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5- Assembly Bill No. 753 CHAPTER 683
5+ Enrolled September 11, 2019 Passed IN Senate September 03, 2019 Passed IN Assembly September 09, 2019 Amended IN Senate August 28, 2019 Amended IN Senate August 22, 2019 Amended IN Assembly May 20, 2019 Amended IN Assembly May 06, 2019 Amended IN Assembly April 11, 2019 Amended IN Assembly March 14, 2019
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7- Assembly Bill No. 753
7+Enrolled September 11, 2019
8+Passed IN Senate September 03, 2019
9+Passed IN Assembly September 09, 2019
10+Amended IN Senate August 28, 2019
11+Amended IN Senate August 22, 2019
12+Amended IN Assembly May 20, 2019
13+Amended IN Assembly May 06, 2019
14+Amended IN Assembly April 11, 2019
15+Amended IN Assembly March 14, 2019
816
9- CHAPTER 683
17+ CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
18+
19+ Assembly Bill
20+
21+No. 753
22+
23+Introduced by Assembly Member Eduardo GarciaFebruary 19, 2019
24+
25+Introduced by Assembly Member Eduardo Garcia
26+February 19, 2019
1027
1128 An act to add Section 12012.88 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately.
12-
13- [ Approved by Governor October 09, 2019. Filed with Secretary of State October 09, 2019. ]
1429
1530 LEGISLATIVE COUNSEL'S DIGEST
1631
1732 ## LEGISLATIVE COUNSEL'S DIGEST
1833
1934 AB 753, Eduardo Garcia. Tribal gaming: compact ratification.
2035
2136 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 a specified amendment to the tribal-state gaming compact entered into between the State of California and the Cabazon Band of Mission Indians, executed on August 21, 2019. 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.
2237
2338 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.
2439
2540 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.
2641
2742 This bill would ratify a specified amendment to the tribal-state gaming compact entered into between the State of California and the Cabazon Band of Mission Indians, executed on August 21, 2019. The bill would provide that, in deference to tribal sovereignty, certain actions are not projects for the purposes of CEQA.
2843
2944 This bill would declare that it is to take effect immediately as an urgency statute.
3045
3146 ## Digest Key
3247
3348 ## Bill Text
3449
3550 The people of the State of California do enact as follows:SECTION 1. Section 12012.88 is added to the Government Code, to read:12012.88. (a) The 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 Cabazon Band of Mission Indians, executed on August 21, 2019, 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 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 Cabazon Band of Mission Indians and to protect the interests of the Rancheria and its members, the surrounding community, and the California public at the earliest possible time, it is necessary that this act take effect immediately.
3651
3752 The people of the State of California do enact as follows:
3853
3954 ## The people of the State of California do enact as follows:
4055
4156 SECTION 1. Section 12012.88 is added to the Government Code, to read:12012.88. (a) The 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 Cabazon Band of Mission Indians, executed on August 21, 2019, 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 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.
4257
4358 SECTION 1. Section 12012.88 is added to the Government Code, to read:
4459
4560 ### SECTION 1.
4661
4762 12012.88. (a) The 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 Cabazon Band of Mission Indians, executed on August 21, 2019, 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 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.
4863
4964 12012.88. (a) The 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 Cabazon Band of Mission Indians, executed on August 21, 2019, 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 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.
5065
5166 12012.88. (a) The 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 Cabazon Band of Mission Indians, executed on August 21, 2019, 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 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.
5267
5368
5469
5570 12012.88. (a) The 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 Cabazon Band of Mission Indians, executed on August 21, 2019, is hereby ratified.
5671
5772 (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):
5873
5974 (A) The execution of an amendment to the tribal-state gaming compact ratified by this section.
6075
6176 (B) The execution of the amended tribal-state gaming compact ratified by this section.
6277
6378 (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.
6479
6580 (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.
6681
6782 (E) The on-reservation impacts of compliance with the terms of the amended tribal-state gaming compact ratified by this section.
6883
6984 (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.
7085
7186 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 Cabazon Band of Mission Indians and to protect the interests of the Rancheria and its members, the surrounding community, and the California public at the earliest possible time, it is necessary that this act take effect immediately.
7287
7388 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 Cabazon Band of Mission Indians and to protect the interests of the Rancheria and its members, the surrounding community, and the California public at the earliest possible time, it is necessary that this act take effect immediately.
7489
7590 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:
7691
7792 ### SEC. 2.
7893
7994 In order to enhance the economic development, stability, and self-sufficiency of the Cabazon Band of Mission Indians and to protect the interests of the Rancheria and its members, the surrounding community, and the California public at the earliest possible time, it is necessary that this act take effect immediately.