BILL NUMBER: SB 1549 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 29, 2002
AMENDED IN SENATE APRIL 16, 2002
INTRODUCED BY Senator Battin
FEBRUARY 20, 2002
An act to repeal Sections 12012.25, 12012.5,
12012.75, and 12012.85 of, and to add Chapter 8 (commencing with
Section 12720) to Part 2 of Division 3 of Title 2 of, the Government
Code, relating to tribal gaming.
LEGISLATIVE COUNSEL'S DIGEST
SB 1549, as amended, Battin. Indian gaming: improvements:
funding.
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 Indian tribes pursuant to the terms of
tribal-state gaming compacts. Existing law authorizes moneys in the
fund to be appropriated by the Legislature for certain purposes,
including grants for programs designed to address gambling addiction,
grants for the support of state and local government agencies
impacted by tribal government gaming, and 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.
This bill would create the Indian Gaming Improvement Commission.
The bill would make the Indian Gaming Improvement Commission
responsible for determining the eligibility of requests for
appropriations of moneys from the Indian Gaming Special Distribution
Fund.
Existing law ratifies certain tribal-state compacts executed in
1998 between various tribal governments and the State of California
in accordance with the federal Indian Gaming Regulatory Act of 1988.
Those compacts have been replaced by compacts ratified in 1999.
This bill would repeal that obsolete ratification.
The bill also would reorganize existing provisions relating to
tribal gaming.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12012.25 of the Government Code is repealed.
SEC. 2. Section 12012.5 of the Government Code is repealed.
SEC. 3.
SEC. 2. Section 12012.75 of the Government Code is repealed.
SEC. 4.
SEC. 3. Section 12012.85 of the Government Code is repealed.
SEC. 5.
SEC. 4. Chapter 8 (commencing with Section 12720) is added
to Part 2 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER 8. NATIVE AMERICAN GAMING COMPACTS
12720. (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 Mi-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 Mi-wuk 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 Mi-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 in all material respects to any of
the compacts expressly ratified pursuant to subdivision (a). A
compact shall be deemed to be materially identified
identical 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 California
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).
12721. There is hereby created in the State Treasury a special
fund entitled 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 fund are 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.
12722. There is hereby created in the State Treasury 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. Moneys in the fund are 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 California
Gambling Control Commission and the Department of Justice in
connection with the implementation and administration of tribal-state
gaming compacts.
(d) Disbursements for the purpose of implementing the terms of
tribal labor relations ordinances promulgated in accordance with the
terms of tribal-state gaming compacts ratified pursuant to Chapter
874 of the Statutes of 1999. No more than 10 percent of the funds
appropriated in the Budget Act of 2000 for implementation of tribal
labor relations ordinances promulgated in accordance with those
compacts shall be expended in the selection of the Tribal Labor
Panel. The Department of Personnel Administration shall consult with
and seek input from the parties prior to any expenditure for
purposes of selecting the Tribal Labor Panel. Other than the cost of
selecting the Tribal Labor Panel, there shall be no further
disbursements until the Tribal Labor Panel, which is selected by
mutual agreement of the parties, is in place.
(e) Any other purpose specified by law.
12723. (a) There is hereby created in state government, the
Indian Gaming Improvement Commission.
(b) The Indian Gaming Improvement Commission is responsible for
determining the eligibility of requests for appropriations of moneys
from the Indian Gaming Special Distribution Fund. The commission
shall establish deadlines for the submission of a request for funding
for the ensuing fiscal year. The commission shall establish
priorities for those requests that will benefit the most residents of
communities impacted by tribal gaming.