AB 957: Tribal gaming: compact ratification.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2021-09-24
The existing federal 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 compacts entered into between the State of California and the following Indian tribes: the Santa Rosa Indian Community of the Santa Rosa Rancheria and the Middletown Rancheria of Pomo Indians of California. The bill would provide that, in deference to tribal sovereignty, certain actions related to these compacts are not projects for purposes of CEQA.
This bill would declare that it is to take effect immediately as an urgency statute.
The existing federal 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 compacts entered into between the State of California and the following Indian tribes: the Santa Rosa Indian Community of the Santa Rosa Rancheria and the Middletown Rancheria of Pomo Indians of California. The bill would provide that, in deference to tribal sovereignty, certain actions related to these compacts are not projects for purposes of CEQA.
This bill would declare that it is to take effect immediately as an urgency statute.
The existing federal 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 compacts entered into between the State of California and the following Indian tribes: the Santa Rosa Indian Community of the Santa Rosa Rancheria and the Middletown Rancheria of Pomo Indians of California. The bill would provide that, in deference to tribal sovereignty, certain actions related to these compacts are not projects for purposes of CEQA.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Gambling Control Act, provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. Existing law establishes the Bureau of Gambling Control under the direction of the department.Existing law requires the commission to establish a 10-member Gaming Policy Advisory Committee composed of representatives of controlled gambling licensees and members of the general public in equal numbers. Existing law requires the executive director of the commission to convene the committee, from time to time, for the purpose of discussing matters of controlled gambling regulatory policy and any other relevant gambling-related issue.This bill would increase the membership of the committee from 10 to 12 members and would require the additional members to include one representative of academia who possesses knowledge on matters related to gaming and one representative from the bureau. The bill would require the executive director to convene the committee at least twice every calendar year, rather than from time to time.Existing law, the Gambling Control Act, provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. Existing law establishes the Bureau of Gambling Control under the direction of the department.
Existing law requires the commission to establish a 10-member Gaming Policy Advisory Committee composed of representatives of controlled gambling licensees and members of the general public in equal numbers. Existing law requires the executive director of the commission to convene the committee, from time to time, for the purpose of discussing matters of controlled gambling regulatory policy and any other relevant gambling-related issue.
This bill would increase the membership of the committee from 10 to 12 members and would require the additional members to include one representative of academia who possesses knowledge on matters related to gaming and one representative from the bureau. The bill would require the executive director to convene the committee at least twice every calendar year, rather than from time to time.
The existing federal 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.This bill would state the intent of the Legislature, upon the Governors signing of a tribal-state gaming compact between the State of California and the Santa Rosa Rancheria Tachi-Yokut Tribe, to ratify that compact.The existing federal 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.
This bill would state the intent of the Legislature, upon the Governors signing of a tribal-state gaming compact between the State of California and the Santa Rosa Rancheria Tachi-Yokut Tribe, to ratify that compact.
(a)Both of the following tribal-state gaming compacts 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.) are hereby ratified:
(1)The compact between the State of California and the Santa Rosa Indian Community of the Santa Rosa Rancheria, executed on April 19, 2021.
(2)The compact between the State of California and the Middletown Rancheria of Pomo Indians of California, executed on April 19, 2021.
(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 a tribal-state gaming compact ratified by this section.
(B)The execution of an amendment to a 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, a 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, a tribal-state gaming compact ratified by this section.
(E)The on-reservation impacts of compliance with the terms of a 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 Santa Rosa Indian Community of the Santa Rosa Rancheria and the Middletown Rancheria of Pomo Indians of California, and to protect the interests of these tribes and their members, the surrounding communities, and the California public at the earliest possible time, it is necessary that this act take effect immediately.
(a)Both of the following tribal-state gaming compacts 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.) are hereby ratified:
(1)The compact between the State of California and the Santa Rosa Indian Community of the Santa Rosa Rancheria, executed on April 19, 2021.
(2)The compact between the State of California and the Middletown Rancheria of Pomo Indians of California, executed on April 19, 2021.
(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 a tribal-state gaming compact ratified by this section.
(B)The execution of an amendment to a 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, a 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, a tribal-state gaming compact ratified by this section.
(E)The on-reservation impacts of compliance with the terms of a 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 Santa Rosa Indian Community of the Santa Rosa Rancheria and the Middletown Rancheria of Pomo Indians of California, and to protect the interests of these tribes and their members, the surrounding communities, and the California public at the earliest possible time, it is necessary that this act take effect immediately.
(a)Both of the following tribal-state gaming compacts 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.) are hereby ratified:
(1)The compact between the State of California and the Santa Rosa Indian Community of the Santa Rosa Rancheria, executed on April 19, 2021.
(2)The compact between the State of California and the Middletown Rancheria of Pomo Indians of California, executed on April 19, 2021.
(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 a tribal-state gaming compact ratified by this section.
(B)The execution of an amendment to a 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, a 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, a tribal-state gaming compact ratified by this section.
(E)The on-reservation impacts of compliance with the terms of a 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 Santa Rosa Indian Community of the Santa Rosa Rancheria and the Middletown Rancheria of Pomo Indians of California, and to protect the interests of these tribes and their members, the surrounding communities, and the California public at the earliest possible time, it is necessary that this act take effect immediately.
SECTION 1.Section 19817 of the Business and Professions Code is amended to read:19817.The commission shall establish and appoint a Gaming Policy Advisory Committee of 12 members. The committee shall be composed of five representatives of controlled gambling licensees, five members of the general public, one representative of academia who possesses knowledge on matters related to gaming, and one representative from the Bureau of Gambling Control. The executive director shall convene the committee at least twice every calendar year for the purpose of discussing matters of controlled gambling regulatory policy and any other relevant gambling-related issue. The committees objective shall be to solicit input from various constituencies, including the public, on gaming policy issues for future consideration to the commission, as appropriate. The recommendations concerning gambling policy made by the committee shall be presented to the commission, but shall be deemed advisory and not binding on the commission in the performance of its duties or functions. The committee shall not advise the commission on Indian gaming.The commission shall establish and appoint a Gaming Policy Advisory Committee of 10 12 members. The committee shall be composed of five representatives of controlled gambling licensees and licensees, five members of the general public in equal numbers. public, one representative of academia who possesses knowledge on matters related to gaming, and one representative from the Bureau of Gambling Control. The executive director shall, from time to time, convene the committee shall convene the committee at least twice every calendar year for the purpose of discussing matters of controlled gambling regulatory policy and any other relevant gambling-related issue. The committees objective shall be to solicit input from various constituencies, including the public, on gaming policy issues for future consideration to the commission, as appropriate. The recommendations concerning gambling policy made by the committee shall be presented to the commission, but shall be deemed advisory and not binding on the commission in the performance of its duties or functions. The committee may shall not advise the commission on Indian gaming.
SECTION 1.It is the intent of the Legislature, upon the Governors signing of a tribal-state gaming compact between the State of California and the Santa Rosa Rancheria Tachi-Yokut Tribe, to ratify that compact.It is the intent of the Legislature, upon the Governors signing of a tribal-state gaming compact between the State of California and the Santa Rosa Rancheria Tachi-Yokut Tribe, to ratify that compact.
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Date
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Status
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| Sep 24, 2021 | Chaptered by Secretary of State - Chapter 286, Statutes of 2021. |
| Sep 24, 2021 | Approved by the Governor. |
| Sep 13, 2021 | Enrolled and presented to the Governor at 3 p.m. |
| Sep 7, 2021 | Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 73. Noes 0. Page 2823.). |
| Sep 2, 2021 | Assembly Rule 77 suspended. (Ayes 57. Noes 14. Page 2703.) |
| Sep 1, 2021 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77. |
| Sep 1, 2021 | Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2293.). |
| Aug 25, 2021 | Read second time. Ordered to third reading. |
| Aug 24, 2021 | From inactive file. |
| Jun 24, 2021 | From Consent Calendar. |
| Jun 22, 2021 | Read second time. Ordered to Consent Calendar. |
| Jun 21, 2021 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| Jun 8, 2021 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 14. Noes 0.) (June 8). Re-referred to Com. on APPR. |
| May 12, 2021 | Referred to Com. on G.O. |
| May 3, 2021 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 29, 2021 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1252.) |
| Apr 22, 2021 | Read second time. Ordered to Consent Calendar. |
| Apr 21, 2021 | From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (April 21). |
| Apr 12, 2021 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 22. Noes 0.) (April 8). Re-referred to Com. on APPR. |
| Mar 15, 2021 | Re-referred to Com. on G.O. |
| Mar 11, 2021 | From committee chair, with author's amendments: Amend, and re-refer to Com. on G.O. Read second time and amended. |
| Feb 18, 2021 | From printer. May be heard in committee March 20. |
| Feb 17, 2021 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Sep 7, 2021 | AB 957 Salas Concurrence - Urgency Added | Assembly Floor |
Passed |
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| Sep 1, 2021 | Assembly 3rd Reading AB957 Salas et al. By Hurtado Urgency Clause | Senate Floor |
Passed |
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| Apr 29, 2021 | AB 957 Salas Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
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