The second year of this legislative session is well underway.  According to the legislature’s rules, all legislation introduced last year must pass through its house of origin in order to continue moving by the end of January.  With January now past us, several pieces of legislation did not make it out of its house of origin; therefore they have been deleted from the legislative update.  Although such legislation is considered dead with its current bill number, nothing prevents a legislator from re-introducing the same legislation again in another bill this year.

Newly introduced legislation will begin to be heard in March, while legislation introduced last year will be heard in the second house.  The deadline for introducing new legislation was Friday, February 22nd according to joint rules in the Assembly and Senate.

Current bills that are still active from last year vary from tribal participation on local joint powers authorities and gaming compact implementation.  New legislation introduced this legislative year include bills expanding the authorized limit of 60,000 slots the Gambling Control Commission has set, offering tribal economic development incentives and new opportunities for tribes to enter into joint power authorities, intent legislation seeking to change the SDF and RSTF, studying intent poker, and adding further emphasis and study of Native Americans to the educational curriculum.

Cultural Resource Protection

Parks and Nature Education Facilities: bond allocation.  AB 2687 (Krekorian) This bill requires the Department of Parks and Recreation to establish a program to offer grants, on a competitive basis, to eligible projects submitted by eligible nonprofits or publicly operated nonprofit organizations, and public institutions, including natural history museums, which combine the study of natural science with preservation, demonstration and education programs that among other things are related to the relationship of Native American cultures to the environment.  Location:This bill was read a second time, amended, and has been re-referred to the Senate Appropriations committee.

Economic Development

Community Development Block Grant Program: Funds.  AB 2188 (Arambula) Existing law required the Department of Housing and Community Development to allocate funds under the federal Community Development Block Grant Program to cities and counties until January 1, 2009.  The grant funds may be used for economic development projects and programs and for housing for persons and families of low or moderate income, for cities and counties to use that apply on behalf of certain Indian tribes.  This bill deletes this sunset. Location:  This bill was chaptered by the Secretary of State—Chapter 95.

Indian Tribes: Economic Development.  SB 1200 (Ducheny)  Existing law seeks to promote the economic self-sufficiency of Indian tribes located in California. This bill would state the intent of the Legislature to enact legislation to create a program of grants and loans for Indian tribes to fund economic development activities other than gaming.  Location:  This bill was read a second time, amended, and has been re-referred to the Appropriations committee.  A hearing date has been set for July 16th.

Education & ICWA

Instruction Materials: Native Americans.  AB 2034 (Nunez)  This bill would require the State Board of Education and the Curriculum Development and Supplemental Materials Commission to ensure that the History-Social Science Framework, evaluation criteria, and instructional materials include American Indians and encourage instruction about American Indians, emphasizing California Native Americans, including their tribal and sovereign governments and their relationship with the California state government.  Location:  This bill has been sent to enrollment.

Indian Children:  Parental Rights.  AB 2736  (Cook)  This bill would add to existing exceptions to the termination of parental rights for an Indian child the case in which the child’s parent or parents, Indian custodian, extended family member, or tribe wishes to place the Indian child for customary adoption, as defined in connection with the custom, tradition, or tribal law of the Indian child’s tribe.  Location: This bill has been sent for a third reading in the Senate Appropriations committee.

Gaming ~ Compact Implementation

Tribal Gaming: Special Distribution Fund.  AB 1389 (Torrico) Amendments were taken on January 7th, and AB 1389 now enacts several recommendations proposed by the State Auditor relative to the allocation and use of proceeds from the Special Distribution Fund (SDF).  Location: This bill was read a second time and amended.  This bill has been re-referred to the Senate Appropriations committee.

Gaming: Study Internet Poker. AB 2026 (Levine)  This bill would direct the California Gambling Control Commission, in conjunction with the Department of Justice, to perform a study and report its findings to the Legislature by June 30, 2009, regarding authorizing intrastate Internet poker, as specified.  Location:  This bill was read a second time and amended.  This bill has been re-referred to the Senate Appropriations committee.

Tribal Gaming: Regulatory Costs.  AB 2283 (Garcia)  Existing law creates the SDF for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of their individual gaming compacts entered into with the state.  Currently, this bill makes technical, non-substantive changes to the SDF, (i.e. it is an intent bill).  Location:  This bill can be heard in committee March 23.

Tribal Gaming:  Revenue Sharing.  AB 2353  (Garcia)  Existing law creates the SDF and RSTF to receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of their compact with the state.  This bill makes technical, non-substantive changes to the provisions in the law dealing with these funds (i.e. this legislation is currently just an intent bill). Location: This bill is held under submission in the Appropriations committee.  A hearing has not been set. 

Tribal Gaming: Revenue Sharing.  SB 62 (Florez)  This bill would provide that if there are insufficient funds in the Indian Gaming Special Distribution Fund to fully fund payments to eligible recipient tribes from the Indian Gaming Revenue Sharing Trust Fund, money from payments by tribes to the General Fund pursuant to any tribal-state compact shall be transferred to the Indian Gaming Revenue Sharing Trust Fund in an amount equal to the deficiency, in order to supplement the payments to be made from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund.  Location:  This bill has been placed on Appropriations committee suspense file.

Gaming: Charitable Bingo: Penalties.  SB 864 (Battin) This bill would provide that the use of an electronic device for bingo in violation of its provisions is punishable by a civil penalty of not less than $10,000 per machine and may be prosecuted in a civil action that may be brought by a prosecutor or a private party.  This bill would require the court to order the appropriate law enforcement agency with jurisdiction to seize and destroy electronic devices that are in violation of these provisions.  By creating new duties for local enforcement agencies, this bill would create a state-mandated local program.  Location:  This bill failed passage in Assembly Governmental Organization committee.  Reconsideration has been granted.  

Tribal Gaming: Compacts.  SB 996 (Florez) This legislation has been recently amended and now requires each tribal-state gaming compact entered into between the State of California and a federally recognized Indian tribe to be ratified by the Legislature in a separate statute.   Location:  SB 996 was voted off the Senate floor on January 30th with a vote of 25-12 and is headed over to the Assembly to be heard in Assembly Governmental Organization committee in the next couple of months.  To remain active, this bill must be voted out of the committee by this summer.

Tribal Gaming: Gaming Device Licenses.  SB 1201 (Battin)  This bill would enact statutory provisions relating to matters addressed in all ratified compacts. The bill would also provide that the aggregate limit of gaming device licenses available for issuance those compacts shall be 122,000. Moreover, this legislation would require that, upon application by a tribe with a tribal-state gaming compact ratified as described above, the California Gambling Control Commission allocate gaming device licenses to the tribe in accordance with the tribe’s gaming compact, but would prohibit the number of licenses allocated to a tribe from exceeding the maximum number of gaming device licenses allowed under the gaming compact.  Location:  This bill failed passage in the Assembly Governmental Organization committee.  Reconsideration has been granted. 

Tribal Gaming:  Grants to Government Agencies.  SB 1297 (Battin)  Existing law creates the SDF and that moneys collected be used for certain purposes, including grants for the support of state and local government agencies impacted by tribal gaming.  This bill would make technical, non-substantive changes to these provisions (i.e. this is an intent bill). Location:  This bill was introduced on February 20th, and can be heard in committee after 30 days in print.  Since it is an intent bill, this legislation must be amended again to get out of Senate Rules Committee before it will be heard in a policy committee.

Bingo: Remote Caller Bingo.  SB 1328  (Cedillo)  This bill would permit cities, counties, and cities and counties to allow remote caller bingo games, in which the organization conducting the game uses audio or video technology to link electronically any of its in-state facilities from a single location to multiple locations owned, leased, or rented by that organization or by an affiliated organization. The bill would limit the operation of remote caller bingo games to organizations that have been incorporated or in existence for 3 years or more.  The bill would require remote caller bingo games to be played using traditional paper bingo cards and daubers, and would prohibit certain locations from participating in the games.  Location:  This bill has been amended and re-referred to Governmental Organization Committee.  A new hearing has not been set. 

Tribal Gaming: Satellite Wagering.  SB 1570 (Vincent)  Existing federal law states that the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state 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 compacts, subject to ratification by the Legislature.  This bill would provide that, when negotiating with a tribal government for a tribal-state gaming compact, the Governor shall use his or her best efforts to ensure that satellite wagering on horse racing is one of the forms of gaming offered at any gaming facility authorized under the compact. The bill would require any payments to the state for receiving the audio-visual signal on horse racing to be deposited in the Maddy Fund for Horse Racing.  Location:  This bill has been placed on Appropriations committee suspense file.

Bingo: Electric Cards.  SB 1626 (Steinberg)  This bill would change the definition of bingo to allow it to be played, in addition, on an electronic replica of a bingo card. The bill would prohibit an electronic replica of a bingo card from being used under these provisions if that use would constitute a slot machine.  Location:  This bill is sitting in the Governmental Organization committee and has not been set for hearing.   

Jurisdiction

Joint Powers Authorities: Indian Tribes.  AB 169 (Levine) Would provide that 16 federally recognized Indian tribal governments may participate in the Southern California Association of Governments.  Location:  This bill has been sent for a third reading in the Appropriations committee.  AB 169 is identical to 2006’s AB 2762, which was vetoed by the Governor.

Joint Powers Agreement (Yurok Tribe).  AB 847 (Berg) Would authorize the Yurok Tribal Council to enter into a joint powers agreement with public agencies for the purpose of the preservation and restoration of fish stocks on the Klamath River and fisheries in the Klamath River Basin and related projects and activities. Location: This bill is located in Local Government committee.  Hearing was canceled at request of the author and a new hearing has not been set.  AB 847 is identical to AB 1962 from 2006, which the Governor vetoed, stating that the legislation that the Tribes participation in the JPA lacks specificity and who has obligations and responsibility to participate in the JPA.

Joint Powers Agreement (Tule River Tribal Council).  AB 1884 (Maze)  This bill would provide that the Tule River Tribal Council, a federally recognized Indian tribe, may enter into a joint powers agreement with the County of Tulare, the City of Porterville, or both, and is a public agency for purposes of the law relating to joint powers agencies. The bill would prohibit the joint powers authority created pursuant to the bill from authorizing or issuing bonds pursuant to the Marks-Roos Local Bond Pooling Act of 1985, on and after January 1, 2009, unless the funded public improvements will be owned and maintained by the authority or one or more public agency members and the revenue streams pledged to repay the bonds derive from the authority or one or more of its public agency members. Location:  This bill was read a third time and passed.  This bill has been sent to the Assembly.  

Voter Registration:  Proof of Citizenship.  AB 2317 (Walters) Existing law prohibits a person from being registered as a voter except by affidavit of registration.  This bill would additionally prohibit a person from being registered as a voter unless he or she can provide proof of citizenship.  This legislation adds to current law a new method of providing proof of citizenship, by showing the applicant’s Bureau of Indian Affairs card number, tribal treaty card number or tribal enrollment number.  Location:  This bill failed passage in the Assembly Elections and Redistricting Committee.  A hearing date has not been set.

Local Government: Hoopa Valley Indian Tribe.  SB 939 (Wiggins) Would revise and recast provisions in another section of the Government Code that authorizes the Hoopa Valley Business Council, as the governing body of the Hoopa Valley Indian Tribe, to participate as a legislative body on the Humboldt County Association of Governments. Location:  This bill is sitting in Assembly Local Government Committee.  To remain active, this bill must be voted out of the committee by this summer.

Salton Sea Restoration Council: Tribal Membership.  SB 1256 (Ducheny)  This bill would establish the Salton Sea Restoration Council as a state agency in the Resources Agency to implement certain preferred alternative activities set forth in the agency’s Salton Sea Ecosystem Restoration Program, to develop and implement, or finance, additional pilot or demonstration projects to improve water quality at the Salton Sea, to restore the Salton Sea ecosystem, and to take other actions on behalf of the sea. The bill would prescribe requirements relating to the composition and administration of the council, to include one member each of the Torres-Martinez Band of Desert Cahuilla Indians and the Cabazon Tribe of Mission Indians.  Location:  This bill is held under submission in the Appropriations committee.

Land

Trespass: Indian Casinos.  AB 2155 (Garcia)  This bill would provide that any person who willfully enters upon any casino owned and operated by a federally recognized Indian tribe, band or group, after receiving a specified notice or signing a specified request, is guilty of a misdemeanor.  The duration of exclusion pursuant to the notice or request shall not exceed 6 months.  Location:  A hearing date was postponed in May by Appropriations committee.  A new hearing date has not been set.   

Regional and local land use plans.  AB 2182 (Caballero)  This bill would establish the Sustainable Communities Regional and Local Land Use Planning Program within the Office of Planning and Research, and would allocated unspecified sums from the $90,000,000 made available under the act for planning grants and incentives for the development of specified regional and local land use plans, for grants and loans to local governments, councils of governments, and other public agencies for these purposes.  Location:  This bill has been re-referred to the Rules committee.

Agricultural Lands: Cancellation of Williamson Act Contracts.  AB 2860 (Mendoza)  The Williamson Act, authorizes a city or county to contract with a landowner to limit the use of agricultural land located within an area designated as an agricultural preserve by the city or county. This bill specifies that a contract is also deemed null and void when the land subject to the contract is acquired, as specified, by the federal government to hold in trust on behalf of a federally recognized Indian tribe.  Location:  This bill is located in Agriculture committee and hearing was set for April 30th.

Unlawful Entry: Tribal Land.  SB 331 (Romero) Would make it an infraction for a person to willfully enter upon Indian lands occupied by a federally recognized tribe, band, or group of which the person is not a member in specified circumstances, including where the lands are under cultivation or enclosed by a fence, are uncultivated and unenclosed but marked by signs forbidding trespass, or after receiving written notice by the tribal government occupying the land.  Location:  This bill passed out of Assembly Public Safety Committee on March 11th.  This bill is located in the Assembly Appropriations.  A hearing has not been set.    

Tribal land for the Gabrielino-Tongva Tribe.  SB 1134 (Oropeza)  This bill would establish a state-recognized Indian reservation for the Gabrielino-Tongva Tribe, a non-federally recognized Indian tribe, effective immediately upon the certification of specified facts by the city or cities in which the reservation is located. It would require the tribe to purchase and contribute to the state the real property to be designated as the reservation. The bill would provide that title to the reservation shall be held by the State of California in trust for the benefit of the Gabrielino-Tongva Tribe. 

Environmental Impact Report.  SB 1165 (Kuehl)  This bill would require communications between the project applicant and the public agency or the preparers of the EIR to be in writing, or recorded in writing. The bill would authorize the public agency to make available to members of the public preliminary drafts of its EIR, negative declaration, or mitigated negative declarations that are circulated among the project applicant and any public agencies prior to their official release for public comments.  Location:  This bill is located in Appropriations committee.  It was read a third time, but refused passage.

Tribal Recognition

Federal Recognition Winnemem Wintu Tribe.  AJR 39 (Huffman)  This measure would memorialize the President and Congress of the United States, and the Assistant Secretary for Indian Affairs in the United States Department of the Interior, to reaffirm that the Winnemem Wintu Tribe possesses full federal recognition and all the rights and privileges that arise from that status. Location:  This bill has been adopted by the Governmental Organization committee and has been sent for a third reading.

Bills Passed and Signed into Law in 2007

Foreign Country Money Judgments.  SB 639 (Harman) Defines the terms "foreign country" and "foreign-country judgment" that will be within the scope of the Act.  Specifies that "foreign-country judgment" includes any Indian tribe recognized by the government of the United States.  Passed and signed by the Governor.

Placement of Children.  SB 703 (Ducheny) Would require the Attorney General to furnish state summary criminal history information, if needed in the course of their duties, to tribes that have entered into an MOU with the state. The Karuk Tribe recently entered into an MOU with the state and needs this legislation in order to gain access to state criminal history information.  Passed and signed by the Governor.

Water, Parks, and Wildlife Bill: Committee Bill.  AB 1729 Except as otherwise provided in the Fish & Game code or regulations made pursuant thereto, it is unlawful to possess the carcass, skin, or parts of any nongame bird. It shall be an affirmative defense to a violation of this section if the possessor of feathers or parts of a nongame bird is an enrolled member of an Indian tribe who has tribal enrollment verification in his or her immediate possession. The member shall have legally acquired the feathers or parts and those feathers or parts shall be possessed for tribal cultural, ethnic, or religious purposes.  Specifically authorizes tribal members to salvage nongame birds that are already dead, under certain circumstances. Passed and signed by the Governor.

Dredging: Closed Waters: Native Trout: Aquatic and Amphibian Species.  AB 1032 (Wolk) Would authorize the department to close an area to dredging otherwise opened for dredging and for which a permit has been issued, without regard to water level, if the department determines that it is necessary to protect fish and wildlife resources, including native aquatic or amphibian species listed by the commission as endangered or threatened under the California Endangered Species Act, or species identified by the department as species of special concern.  Passed but vetoed by the Governor.

Gaming Compact Ratification

Tribal Gaming: Compact Ratification (Yurok Tribe).   SB 106 (Wiggins) Amended on April 9, 2007. This bill would ratify the tribal-state gaming compact entered into on August 29, 2006, between the State of California and the Yurok Tribe of the Yurok Reservation. Passed and signed by the Governor.

Tribal Gaming: Compact Ratification (Morongo).  SB 174 (Ducheny) This bill was amended on April 9, 2007. This bill would ratify an amendment to a tribal-state gaming compact entered into between the State of California and the Morongo Band of Mission Indians, executed on August 29, 2006.  Passed and signed by the Governor.

Tribal Gaming: Compact Ratification (Sycuan).   SB 175 (Ducheny) Would ratify an amendment to a tribal-state gaming compact entered into between the State of California and the Sycuan Band of the Kumeyaay Nation, executed on August 30, 2006. The bill would provide that the terms of that amended compact shall apply only to the State of California and the tribe that has signed it, and shall not bind any tribe that is not a signatory to the amended compact. Passed and signed by the Governor.

 Tribal Gaming: Compact Ratification (Pechanga).  SB 903 (Padilla) This bill was amended in the Senate on April 9, 2007. Would ratify an amendment to the tribal-state gaming compact entered into between the State of California and the Pechanga Band of Luiseño Mission Indians, executed on August 28, 2006. Passed and signed by the Governor.

Tribal Gaming: Compact Ratification (San Manuel).   SB 941 (Padilla and Correa) This bill would ratify an amendment to a tribal-state gaming compact entered into between the State of California and the San Manuel Band of Mission Indians, executed on August 28, 2006. The bill would provide that the terms of that amended compact shall apply only to the State of California and the tribe that has signed it, and shall not bind any tribe that is not a signatory to the amended compact. Passed and signed by the Governor.

Tribal Gaming: Compact Ratification (Agua Caliente).  SB 957 (Torlakson) This bill would ratify an amendment to a tribal-state gaming compact entered into between the State of California and the Agua Caliente Band of Cahuilla Indians, executed on August 8, 2006. Passed and signed by the Governor.