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AB-1385 Indian tribes: tribal-state gaming compacts.(1999-2000)



Current Version: 10/10/99 - Chaptered

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AB1385:v93#DOCUMENT

Assembly Bill No. 1385
CHAPTER 874

An act to add Sections 12012.25, 12012.75, and 12012.85 to the Government Code, relating to Indian tribes.

[ Filed with Secretary of State  October 10, 1999. Approved by Governor  October 08, 1999. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1385, Burton. Indian tribes: tribal-state gaming compacts.
Existing federal law, the Indian Gaming Regulatory Act of 1988, hereafter IGRA, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing class III gaming, as defined, on Indian lands within a state. Existing federal law does not specify which official of a state shall negotiate and execute these compacts. Existing state law provides that the Governor is the sole official organ of communication between the government of this state and the government of any other state or of the United States, but currently operative law does not specifically designate the Governor as the sole organ of communication between this state and a tribal government.
This bill would expressly ratify a number of specified tribal-state gaming compacts, and would provide that any other compact executed after September 10, 1999, is also ratified if certified by the Governor to be materially identical to one of these compacts, subject to review and possible rejection by the Legislature. The bill would require other compacts to be ratified by statute, as specified. The bill would provide that the Governor is the designated state officer responsible for negotiating and executing, on behalf of the state, tribal-state gaming compacts with federally recognized Indian tribes located within the State of California pursuant to IGRA for the purpose of authorizing class III gaming on Indian lands within this state and would provide that these provisions shall not be construed to deny the Governor’s authority to have previously negotiated and executed these compacts. This bill would require the Governor, following completion of negotiations, to submit a copy of the executed compact to the Legislature for its ratification, and to the Secretary of State, who would be required to forward a copy of the executed compact and ratifying statute, if applicable, to the Secretary of Interior in accordance with a specified provision of IGRA upon his or her receipt of the statute ratifying the tribal-state compact or upon expiration of a specified review period. The bill would provide that the execution of, and the on-reservation impacts of compliance with the terms of, these compacts, shall not be deemed to constitute a project for purposes of the California Environmental Quality Act. The bill would also create a special fund within the State Treasury for the receipt and deposit of moneys derived from gambling device license fees that are received from tribes pursuant to the terms of tribal-state gaming compacts, for the purpose of making distributions to noncompact tribes, and would provide that moneys in that fund shall be available to the California Gambling Control Commission, upon appropriation by the Legislature, for expenditure for that purpose. The bill would also create a separate fund in the State Treasury for receipt and deposit of moneys received from tribes pursuant to the terms of tribal-state gaming compacts, and would provide that these moneys would be available for appropriation by the Legislature, as specified.

The people of the State of California do enact as follows:


SECTION 1.

 Section 12012.25 is added to the Government Code, to read:

12012.25.
 (a) The following tribal-state gaming compacts entered into in accordance with the Indian Gaming Regulatory Act of 1988 (18 U.S.C. Sec. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.) are hereby ratified:
(1) The compact between the State of California and the Alturas Rancheria, executed on September 10, 1999.
(2) The compact between the State of California and the Barona Band of Mission Indians, executed on September 10, 1999.
(3) The compact between the State of California and the Big Sandy Rancheria Band of Mono Indians, executed on September 10, 1999.
(4) The compact between the State of California and the Big Valley Rancheria, executed on September 10, 1999.
(5) The compact between the State of California and the Bishop Paiute Tribe, executed on September 10, 1999.
(6) The compact between the State of California and the Blue Lake Rancheria, executed on September 10, 1999.
(7) The compact between the State of California and the Buena Vista Band of Me-wuk Indians, executed on September 10, 1999.
(8) The compact between the State of California and the Cabazon Band of Mission Indians, executed on September 10, 1999.
(9) The compact between the State of California and the Cahto Tribe of Laytonville, executed on September 10, 1999.
(10) The compact between the State of California and the Cahuilla Band of Mission Indians, executed on September 10, 1999.
(11) The compact between the State of California and the Campo Band of Mission Indians, executed on September 10, 1999.
(12) The compact between the State of California and the Chemehuevi Indian Tribe, executed on September 10, 1999.
(13) The compact between the State of California and the Chicken Ranch Rancheria, executed on September 10, 1999.
(14) The compact between the State of California and the Coast Indian Community of the Resighini Rancheria, executed on September 10, 1999.
(15) The compact between the State of California and the Colusa Indian Community, executed on September 10, 1999.
(16) The compact between the State of California and the Dry Creek Rancheria Band of Pomo Indians, executed on September 10, 1999.
(17) The compact between the State of California and the Elk Valley Rancheria, executed on September 10, 1999.
(18) The compact between the State of California and the Ewiiaapaayp Band of Kumeyaay, executed on September 10, 1999.
(19) The compact between the State of California and the Hoopa Valley Tribe, executed on September 10, 1999.
(20) The compact between the State of California and the Hopland Band of Pomo Indians, executed on September 10, 1999.
(21) The compact between the State of California and the Jackson Band of Mi-Wuk Indians, executed on September 10, 1999.
(22) The compact between the State of California and the Jamul Indian Reservation, executed on September 10, 1999.
(23) The compact between the State of California and the La Jolla Indian Reservation, executed on September 10, 1999.
(24) The compact between the State of California and the Manzanita Tribe of Kumeyaay Indians, executed on September 10, 1999.
(25) The compact between the State of California and the Mesa Grande Band of Mission Indians, executed on September 10, 1999.
(26) The compact between the State of California and the Middletown Rancheria Band of Pomo Indians, executed on September 10, 1999.
(27) The compact between the State of California and the Morongo Band of Mission Indians, executed on September 10, 1999.
(28) The compact between the State of California and the Mooretown Rancheria Concow Maidu Tribe, executed on September 10, 1999.
(29) The compact between the State of California and the Pala Band of Mission Indians, executed on September 10, 1999.
(30) The compact between the State of California and the Paskenta Band of Nomlaki Indians, executed on September 10, 1999.
(31) The compact between the State of California and the Pechanga Band of Luiseno Indians, executed on September 10, 1999.
(32) The compact between the State of California and the Picayune Rancheria of Chukchansi Indians, executed on September 10, 1999.
(33) The compact between the State of California and the Quechan Nation, executed on September 10, 1999.
(34) The compact between the State of California and the Redding Rancheria, executed on September 10, 1999.
(35) The compact between the State of California and the Rincon, San Luiseno Band of Mission Indians, executed on September 10, 1999.
(36) The compact between the State of California and the Rumsey Band of Wintun Indians, executed on September 10, 1999.
(37) The compact between the State of California and the Robinson Rancheria Band of Pomo Indians, executed on September 10, 1999.
(38) The compact between the State of California and the Rohnerville Rancheria, executed on September 10, 1999.
(39) The compact between the State of California and the San Manuel Band of Mission Indians, executed on September 10, 1999.
(40) The compact between the State of California and the San Pasqual Band of Mission Indians, executed on September 10, 1999.
(41) The compact between the State of California and the Santa Rosa Rancheria Tachi Tribe, executed on September 10, 1999.
(42) The compact between the State of California and the Santa Ynez Band of Chumash Indians, executed on September 10, 1999.
(43) The compact between the State of California and the Sherwood Valley Rancheria Band of Pomo Indians, executed on September 10, 1999.
(44) The compact between the State of California and the Shingle Springs Band of Miwok Indians, executed on September 10, 1999.
(45) The compact between the State of California and the Smith River Rancheria, executed on September 10, 1999.
(46) The compact between the State of California and the Soboba Band of Mission Indians, executed on September 10, 1999.
(47) The compact between the State of California and the Susanville Indian Rancheria, executed on September 10, 1999.
(48) The compact between the State of California and the Sycuan Band of Kumeyaay Indians, executed on September 10, 1999.
(49) The compact between the State of California and the Table Mountain Rancheria, executed on September 10, 1999.
(50) The compact between the State of California and the Trinidad Rancheria, executed on September 10, 1999.
(51) The compact between the State of California and the Tule River Indian Tribe, executed on September 10, 1999.
(52) The compact between the State of California and the Tuolumne Band of Me-wuk Indians, executed on September 10, 1999.
(53) The compact between the State of California and the Twenty Nine Palms Band of Mission Indians, executed on September 10, 1999.
(54) The compact between the State of California and the Tyme Maidu Tribe, Berry Creek Rancheria, executed on September 10, 1999.
(55) The compact between the State of California and the United Auburn Indian Community, executed on September 10, 1999.
(56) The compact between the State of California and the Viejas Band of Kumeyaay Indians, executed on September 10, 1999.
(57) The compact between the State of California and the Coyote Valley Band of Pomo Indians, executed on September 10, 1999.
(b) Any other tribal-state gaming compact entered into between the State of California and a federally recognized Indian tribe which is executed after September 10, 1999, is hereby ratified if both of the following are true:
(1) The compact is identical is all material respects to any of the compacts expressly ratified pursuant to subdivision (a). A compact shall be deemed to be materially identified to a compact ratified pursuant to subdivision (a) if the Governor certifies it is materially identical at the time he or she submits it to the Legislature.
(2) The compact is not rejected by each house of the Legislature, two-thirds of the membership thereof concurring, within 30 days of the date of the submission of the compact to the Legislature by the Governor. However, if the 30-day period ends during a joint recess of the Legislature, the period shall be extended until the fifteenth day following the day on which the Legislature reconvenes.
(c) The Legislature acknowledges the right of federally recognized Indian tribes to exercise their sovereignty to negotiate and enter into tribal-state gaming compacts that are materially different from the compacts ratified pursuant to subdivision (a). These compacts shall be ratified by a statute approved by each house of the Legislature, a majority of the members thereof concurring, and signed by the Governor, unless the statute contains implementing or other provisions requiring a supermajority vote, in which case the statute shall be approved in the manner required by the Constitution.
(d) The Governor is the designated state officer responsible for negotiating and executing, on behalf of the state, tribal-state gaming compacts with federally recognized Indian tribes located within the State of California pursuant to the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Sec. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.) for the purpose of authorizing class III gaming, as defined in that act, on Indian lands within this state. Nothing in this section shall be construed to deny the existence of the Governor’s authority to have negotiated and executed tribal-state gaming compacts prior to the effective date of this section.
(e) Following completion of negotiations conducted pursuant to subdivision (b) or (c), the Governor shall submit a copy of any executed tribal-state compact to both houses of the Legislature for ratification, and shall submit a copy of the executed compact to the Secretary of State for purposes of subdivision (f).
(f) Upon receipt of a statute ratifying a tribal-state compact negotiated and executed pursuant to subdivision (c), or upon the expiration of the review period described in subdivision (b), the Secretary of State shall forward a copy of the executed compact and the ratifying statute, if applicable, to the Secretary of the Interior for his or her review and approval, in accordance with paragraph (8) of subsection (d) of Section 2710 of Title 25 of the United States Code.
(g) In deference to tribal sovereignty, neither the execution of a tribal-state gaming compact nor the on-reservation impacts of compliance with the terms of a tribal-state gaming compact shall be deemed to constitute a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

SEC. 2.

 Section 12012.75 is added to the Government Code, to read:

12012.75.
 There is hereby created in the State Treasury a special fund called the “Indian Gaming Revenue Sharing Trust Fund” for the receipt and deposit of moneys derived from gaming device license fees that are paid into the fund pursuant to the terms of tribal-state gaming compacts for the purpose of making distributions to noncompact tribes. Moneys in the Indian Gaming Revenue Sharing Trust Fund shall be available to the California Gambling Control Commission, upon appropriation by the Legislature, for the purpose of making distributions to noncompact tribes, in accordance with distribution plans specified in tribal-state gaming compacts.

SEC. 3.

 Section 12012.85 is added to the Government Code, to read:

12012.85.
 There is hereby created in the State Treasury a fund called the “Indian Gaming Special Distribution Fund” for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of tribal-state gaming compacts. These moneys shall be available for appropriation by the Legislature for the following purposes:
(a) Grants, including any administrative costs, for programs designed to address gambling addiction.
(b) Grants, including any administrative costs, for the support of state and local government agencies impacted by tribal government gaming.
(c) Compensation for regulatory costs incurred by the State Gaming Agency and the Department of Justice in connection with the implementation and administration of tribal-state gaming compacts.
(d) Any other purpose specified by law.