2010 Legislation
Cultural Resource Protection
Archaeological Resources: civil penalties. SB 1034 (Ducheny) This bill enacts the California Public Lands Archaeological Resources Protection Act, and allows a state agency to issue an order that assesses a civil penalty against a person who knowingly and willfully excavates upon, or removes, destroys, injures, or defaces archaeological resources on public lands. The bill establishes procedures for the assessment of the civil penalty, including procedures for determining the commercial and archaeological value of those resources and cost of restoration. The bill also authorizes the forfeiture of the archaeological resources that were the subject of the violation and the vehicles and equipment of the person that were used in connection with the violation. The bill allows a state agency to expend the civil penalties collected pursuant to the act, upon appropriation by the Legislature, as reimbursement for the costs of implementing the act, including restoring and repairing the archaeological resources that are the subject of the violation, except the bill would require the state to remit to a city, county, or district the civil penalty imposed by the state, except as specified, and the items seized by the state, if the violation occurred on, or in connection with, public lands owned by, or under the jurisdiction of, that city, county, or district. Location: This bill has been re-referred to the Assembly Appropriations Committee. The last hearing was postponed, and a new hearing date has not yet been set.
Education
American Indian Education Oversight Committee. AB 2089 (Coto) Existing law provides for the establishment of California American Indian education centers to serve as community-based educational resource centers to American Indian pupils, parents, guardians, and the public schools in order to promote the academic and cultural achievement of the pupils. Existing law provides that the California American Indian Education Center Program will become inoperative on January 1, 2012. This bill instead provides that those provisions regarding the California American Indian education centers will become inoperative and be repealed on January 1, 2017, thereby extending the operation of those provisions by 5 years. Existing law requires the Superintendent of Public Instruction, with input from existing California American Indian education center directors, to appoint an American Indian Education Oversight Committee by January 30, 2007, composed of at least 7 educators, 4 of whom are required to be California American Indian education center directors. Existing law requires the committee to provide input and advice to the Superintendent on all aspects of American Indian education programs established by the state. This bill allows the Superintendent, if he or she is unable to find a qualified individual to fill a vacancy in one of the 4 positions for center directors within 30 days of the vacancy arising, to fill the vacancy with an educator who is not a center director. Location: This bill has been re-referred to the Senate Appropriations Committee.
Indian children. AB 2418 (Cook) The federal Indian Child Welfare Act governs the proceedings for determining the placement of an Indian child when that child is removed from the custody of his or her parent or guardian. Existing provisions of state law govern child custody proceedings, adoption proceedings, dependency proceedings, including termination of parental rights, the voluntary relinquishment of a child by a parent, and guardianship proceedings. Existing law recognizes that the Indian Child Welfare Act applies if the subject of these proceedings is or may be an Indian child and specifies conforming procedures in these cases with regard to the right to notice and intervention accorded the child's tribe and the standard of proof applied in evaluating the evidence submitted, among other things. Existing law provides various definitions for these purposes. This bill revises the definition of “Indian child” for purposes of Indian child custody proceedings to include an unmarried person who is over 18 years of age but under 21 years of age and who is either a member of an Indian tribe or eligible for membership in an Indian tribe, as specified. Location: This bill has been ordered to the Senate for its third reading.
Gaming ~ Compact Implementation
California State Lottery. AB 142 (Hayashi) This bill enhances the funding benefit for education through the California State Lottery Act by increasing the prize payouts for specified lottery games. This bill increases the prize payout from 84 percent to 87 percent and reduces administrative expenses of the lottery from 16 percent to 13 percent. Location: This bill has been chaptered by the Secretary of State – Chapter 13, Statutes of 2010.
Local gaming. AB 441 (Hall) Existing law permits a city, county, or city and county to permit controlled gambling, consistent with state law, if a majority of voters affirmatively approve an ordinance so permitting, as specified. Existing law provides that an amendment of an ordinance permitting an increase of 24.99% in the number of gambling tables that may be operated in a gambling establishment in a city, county, or city and county, or 2 tables, whichever is greater, compared to the ordinance in effect on January 1, 1996, may occur without voter approval. Any amendment to a city or county ordinance relating to gambling establishments or the Gambling Control Act is required to be submitted to the Division of Gambling Control for review and comment before the ordinance is adopted by the city or county. This bill, instead, provides that an amendment of an ordinance permitting an increase of 2 tables in the number of gambling tables that may be operated in a gambling establishment in a city, county, or city and county, compared to the ordinance in effect on January 1, 2010, may occur without voter approval. The bill permits a city, county, or city and county to exercise its authority to amend a local gaming ordinance without voter approval pursuant to this provision only one time. Location: This bill has been re-referred to the Senate Appropriations Committee.
Slot machines. AB 1753 (Hall) Existing law prohibits the possession and use and certain other acts and transactions of a “slot machine or device.” Violations of these provisions are punishable by varying misdemeanor penalties. This bill increases those misdemeanor penalties, and if the offense involved more than one machine or more than one location, an additional fine would by imposed per machine and per location. The bill provides that the definition of “slot machine or device” includes any machine or device that offers any prize or consideration with a value greater than the price or amount to play the machine or device, regardless of chance, or the skill or knowledge of the operator, and that the definition includes “gambling machine” as defined in federal law. By expanding the scope of, and increasing the penalties for, existing crimes, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Location: This bill has been re-referred to the Senate Appropriations Committee.
Horse racing: out-of-state thoroughbred races: importation limitation. AB 1857 (Cook) This bill provides that, subject to exceptions, the total number of thoroughbred races imported by associations or fairs on a statewide basis under current provisions of law shall not exceed 36 per day (currently 32 per day) on days when live thoroughbred or fair racing is being conducted in the state. Location: This bill is located in the Senate Governmental Organization Committee. The last hearing was canceled at the request of the author, and a new hearing date has not yet been set.
Gambling: moratorium. AB 2193 (Hall) Existing law regulates legal gambling in California and prohibits, until January 1, 2015, the governing body and the electors of a county, city, or city and county from authorizing or expanding any legal gaming beyond that permitted on January 1, 1996. Additionally, the commission is prohibited, until January 1, 2015, from issuing a gambling license for a gambling establishment that was not licensed to operate on December 31, 1999, except as specified. This bill extends the operation of these provisions to January 1, 2020. Location: This bill has been re-referred to the Senate Appropriations Committee.
Problem and pathological gambling. AB 2197 (Coto) This bill requires the prevention program developed by the Office of Problem Gambling to include development of education and awareness programs that specifically target geographically diverse multicultural populations, and permits the office to develop a grant program for education, outreach, and prevention, giving preferences to grant applications that meet prescribed conditions. Location: This bill is held under submission in the Assembly Appropriations Committee.
Tribal Gaming: Revenue Sharing. AB 2198 (Cook) 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 certain Indian tribes pursuant to the terms of gaming compacts entered into with the state. Existing law authorizes moneys in that fund to be used for specified purposes, including for grants for the support of state and local government agencies impacted by tribal government gaming. Existing law, until January 1, 2021, creates a County Tribal Casino Account in the treasury of each county that contains a tribal casino. Existing law requires the Controller to divide the County Tribal Casino Account for each county that has gaming devices that are subject to an obligation to make contributions to the Indian Gaming Special Distribution Fund into a separate account, known as an Individual Tribal Casino Account, for each tribe that operates a casino within the county. Each Individual Tribal Casino Account is required to be funded in proportion to the amount that each individual tribe paid in the prior fiscal year to the Indian Gaming Special Distribution Fund, and used for grants to local agencies impacted by tribal casinos. This bill appropriates $30,000,000 from the Indian Gaming Special Distribution Fund to restore funding deleted from the Budget Act of 2007 for the purpose of providing grants to local government agencies impacted by tribal government gaming.. Location: This bill is held under submission in the Assembly Appropriations Committee.
Horse Racing: audio or video recording. AB 2201 (Coto) Existing law prohibits a person from furnishing to another person, and from using, an audio or video recording of any quarter horse race occurring in this state for any commercial purpose without permission from the racing association conducting the meeting, the organization representing horsemen and horsewomen participating in the meeting, and the California Horse Racing Board. This bill makes technical, nonsubstantive changes to those provisions. Location: This bill has been re-referred to the Senate Appropriations Committee.
Horse Racing. AB 2215 (Fuentes) Current law authorizes advance deposit wagering to be conducted with the approval of the California Horse Racing Board. It also requires the board to develop and adopt rules to license and regulate all phases of operation of advance deposit wagering for advance deposit wagering providers operating in California. This measure authorizes the board to adopt rules and regulations authorizing advance deposit wagering providers to create and administer wagering accounts at facilities located within this state
through which persons may deposit cash funds or vouchers, issue wagering instructions, and withdraw cash funds or vouchers, subject to the approval of racing associations or satellite wagering facilities located within 10 miles of a facility administering those accounts, and the approval of the horsemen's organization responsible for negotiating with the racing associations or satellite wagering facilities. Location: This bill has been re-referred to the Senate Appropriations Committee.
Gambling Control Act: administration. AB 2241 (Coto) The Gambling Control Act provides for the California Gambling Control Commission, consisting of 5 members appointed by the Governor, subject to confirmation by the Senate. Under existing law a majority of the commission members is a quorum and the concurring vote of 3 members of the commission is required for any official action. This bill, instead, requires a majority of the appointed members of the commission to constitute a quorum and the concurring vote of a majority of those members present at a meeting of the commission shall be required for any official action of the commission. Location: This bill is located in the Governmental Organization Committee. The last hearing was canceled at the request of the author, and a new hearing date has not yet been set.
Gambling: licenses. AB 2596 (Portantino) The Gambling Control Act provides for the licensure of certain individuals and establishments involved in various gambling activities, and for the regulation of those activities, by the California Gambling Control Commission. Current law provides for the enforcement of those activities by the Department of Justice. Current law also requires that an application for renewal of a license application be filed with the commission no later than 120 days prior to expiration of the current license. This bill allows the commission to assess reasonable late penalties in order to expedite the processing of a renewal application that is not filed in a timely manner. This bill also provides that where a complete renewal application has not been submitted within 30 days of the expiration of the existing license and notice has been given to the licensee, the commission may determine that the license has been abandoned. Location: This bill has been re-referred to the Senate Appropriations Committee.
Bingo: remote caller bingo. SB 1090 (Cedillo) The California Constitution allows the Legislature, by statute, to authorize cities and counties to provide for bingo games for charitable purposes. The California Remote Caller Bingo Act permits cities and counties to allow bingo games and remote caller bingo games to be conducted by specified organizations for charitable purposes pursuant to an ordinance that allows those games to be conducted only in accordance with specified requirements. Existing law requires a city, county, or city and county to adopt an ordinance with specified content to authorize remote caller bingo. Existing law requires this ordinance to provide, among other things, that qualified organizations may apply for a license to operate a remote caller bingo, and that a certificate issued by the Franchise Tax Board certifying that the applicant is exempt from the payment of the Bank and Corporation Tax, as specified, must be attached to the application. This bill provides instead that appropriate documentation certifying that the applicant is exempt from the payment of the Bank and Corporation Tax must be attached to the application under the ordinance adopted by a city, county, or city and county to authorize an applicant to operate remote caller bingo. Location: This bill has been referred to the Assembly for its third reading.
Gambling Control Act: licensing fees. SB 1125 (Florez) This bill requires the Department of Justice and California Gambling Control Commission to establish an enhanced fee schedule to provide for additional fees to be charged to applicants who wish to have their applications processed and background investigations conducted in an expedited manner. Location: This bill was read a second time, amended, and has been re-referred to the Assembly Governmental Organization Committee.
Horse racing: minisatellite wagering facilities. SB 1439 (Price) Existing law authorizes the California Horse Racing Board to approve an additional 15 minisatellite wagering sites in each zone under certain conditions, including that no site is within 20 miles of a racetrack, a satellite wagering facility, or a tribal casino that has a satellite wagering facility. Existing law provides that if the proposed facility is within 20 miles of one of the above-referenced satellite facilities, then the consent of each facility within a 20-mile radius must be given before the proposed facility may be approved by the board. Existing law requires the written consent of the San Mateo County Fair be obtained prior to the approval of any minisatellite wagering site located within a 20-mile radius of its fairground. This bill provides that the requirement that the approval of a racetrack, satellite wagering facility, tribal casino that has a satellite wagering facility, or fair be obtained if the proposed minisatellite wagering facility is within 20 miles shall only apply to those facilities that are operated by racetracks or fairs that actually conduct 7 weeks or more of live racing in the preceding year. The bill authorizes the board, if a satellite wagering facility or tribal casino does not consent to a minisatellite wagering facility being situated within 20 miles, to conduct a one-year test at the proposed site in order to determine its impact on total parimutuel revenues and on attendance and wagering at existing satellite wagering facilities. This bill authorizes a certain impact fee. Location: This bill has been placed on the inactive file at the request of Senator Price.
Internet Gambling. SB 1485 (Wright) The Gambling Control Act provides for the licensure of certain individuals and establishments that conduct controlled games, and for the regulation of these gambling activities by the California Gambling Control Commission. Existing law provides for the enforcement of those regulations by the Department of Justice. Any violation of these provisions is punishable as a misdemeanor. This bill establishes a framework to authorize intrastate Internet gambling and requires the department to issue a request for proposals to enter into contracts with up to 3 hub operators, to provide lawful Internet gambling games to registered players in California for a period of 5 years. The bill provides that it would be unlawful for any person to play any gambling game provided over the Internet that is not authorized by the state pursuant to this bill. By creating a new crime, this bill imposes a state-mandated local program. The bill requires a hub operator to disperse at least 20% of its gross revenues to the Treasurer on a monthly basis. The bill creates the Internet Gambling Fund which would be administered by the Controller subject to annual appropriation by the Legislature, and which would not be subject to the formulas established by statute directing expenditures from the General Fund, for appropriation by the Legislature to state agencies for purposes related to the bill. Location: This bill has been re-referred to the Senate Governmental Organization Committee. The last hearing was canceled at the request of the author, and a new hearing date has not yet been set.
Jurisdiction
Joint powers agreement: public agencies AB 2166 (Chesbro) Existing law authorizes the Elk Valley Rancheria Tribal Council to enter into a joint powers agreement with the County of Del Norte and/or the City of Crescent City, and deems that joint powers agency to be a public agency for this purpose. Existing law also prohibits the joint powers authority from authorizing or issuing bonds pursuant to the Marks-Roos Local Bond Pooling Act of 1985, 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 derived from the authority or one or more of its public agency members. This bill provides that the Smith River Rancheria Tribal Council may enter into a joint powers agreement with the County of Del Norte, the City of Crescent City, or both, and is a public agency for purposes of the law relating to joint powers agencies, and would extend the prohibition against issuing bonds for public improvements except under specified circumstances to this authority. Location: This bill has been referred to the Senate Local Government Committee. Hearing was canceled at the request of the author. A new hearing date has not yet been set.
Land & Environmental
Energy: Renewable Energy Action Team AB 2231 (Perez) The Warren-Alquist State Energy Resources Conservation and Development Act requires the State Energy Resources Conservation and Development Commission to conduct an ongoing assessment of the opportunities and constraints presented by all forms of energy. The Commission is required to encourage the balanced use of all sources of energy to meet the state's needs and to seek to avoid possible undesirable consequences of reliance on a single source of energy. This bill requires the commission to convene the Renewable Energy Action Team, which would consist of representatives from the commission, the Department of Fish and Game, and the Natural Resources Agency. The bill requires the Commission also to request the United States Fish and Wildlife Service and the United States Department of the Interior Bureau of Land Management to participate in the team. The Renewable Energy Action Team, in consultation with relevant federal, state, and local agencies, California Native American tribes, renewable energy developers, environmental and wildlife organizations, and other interested parties, shall develop and adopt the Desert Renewable Energy Conservation Plan to identify renewable energy zones based on renewable energy development potential and environmental, wildlife, and conservation criteria. The bill requires the commission, in conjunction with development of the plan, to prepare and certify the completion of, a master environmental impact report or a program environmental impact report that encompasses all of the renewable energy resources that may be developed in the renewable energy zones identified in the plan. Location: This bill in located in the Assembly Natural Resources Committee. The last hearing was canceled at the request of the author.
Governmental Organization
State government: executive reorganization. (Tribal/State Collaboration). SB 1372 (Dutton) This bill instructs state agencies to develop and implement a policy to promote effective communication and collaboration between the state agencies and Indian nations. Location: This bill has been referred to the Assembly Governmental Organization Committee and the Assembly Business, Professions, and Consumer Protection Committee. The last hearing was canceled at the request of the author, and a new hearing has not yet been set.
2009 Legislation
Bills Passed and Signed by the Governor
Eminence Credential: American Indian Languages. AB 544 (Coto) This bill requires the Commission on Teacher Credentialing, upon recommendation by a tribal government, to issue an American Indian languages eminence credential to a candidate who has demonstrated eminence in the tribal language of a federally recognized Indian tribe in California. The bill authorizes the holder of an American Indian languages eminence credential to teach the tribal language for which he or she is credentialed in a school district, public charter school, education services district, community college, or institution of higher education, and would make the holder of that credential eligible for a professional clear teaching credential upon completion of a specified period of time. The bill authorizes each federally recognized American Indian tribe to develop a written and oral assessment that should be completed before the applicant is recommended for an American Indian languages eminence credential. The bill requires the Commission to establish the cost of registration for the credential based on the actual cost of maintaining records of those credentials. Passed and signed by the Governor.
Charter-party carriers: busdivers. AB 636 (Jones) This bill requires the Public Utilities Commission to permanently revoke the authority to operate a charter-party carrier or to permanently bar from receiving a permit or certificate from the commission a charter-party carrier that, among other things, operates a bus without having been issued a permit from the commission, operates a bus with a permit that was suspended by the commission for specified reasons, has one or more buses improperly registered with the Department of Motor Vehicles, or knowingly employs a busdriver who has not been issued the required driver's license of the proper class, a passenger vehicle endorsement, or the required certificate to drive a bus. Passed and signed by the Governor.
Indian tribes: foster care and adoption programs. AB 770 (Torres) Existing law provides for child welfare services, which are public social services directed toward protecting and promoting the welfare of all children, including those in foster care placement. This bill makes it the policy of the state to maximize the opportunities for Indian tribes to operate foster care programs for Indian children pursuant to the federal Fostering Connections to Success and Increasing Adoptions Act of 2008. This bill requires the State Department of Social Services to modify the state foster care plan required under specified provisions of federal law to implement the provisions of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 in a manner that maximizes the opportunities for Indian tribes to operate foster care programs for Indian children. This bill has been chaptered by the Secretary of State – Chapter 124, Statutes of 2009.
Tribal customary adoption. AB 1325 (Cook and Beall) Existing federal law, the Indian Child Welfare Act, and state law govern the placement of children who are or who may be Indian children. This bill revises those provisions to require the juvenile court and social workers to consider and recommend tribal customary adoption as an additional permanent placement option, without termination of parental rights, for a dependent child. The bill provides that a tribal customary adoption order would have the same force and effect as an order of adoption. By imposing new duties on social workers, the bill imposes a state-mandated local program. The bill requires the Judicial Council to adopt rules of court and necessary forms to implement tribal customary adoption as a permanent plan for Indian children before July 1, 2010. This bill provides that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Passed and signed by the Governor.
Bingo: remote caller bingo. SB 126 (Cedillo). This bill deletes the reference to school districts in the provisions specifying the organizations that may conduct bingo games and instead authorizes charitable organizations affiliated with a school district to conduct bingo games. This bill makes various technical, nonsubstantive changes to the provisions governing remote caller bingo games and declares that it is to take effect immediately as an urgency statute. Passed and signed by the Governor.
Raffles: Internet advertisement. SB 200 (Correa) The California Constitution prohibits the Legislature from authorizing lotteries, but allows the Legislature to authorize private, nonprofit, eligible organizations to conduct raffles, as specified. Existing statutory law generally regulates raffles conducted by eligible organizations for beneficial or charitable purposes. Existing law prohibits a raffle from being advertised over the Internet. This bill would delete the prohibition on advertising a raffle over the Internet and would set forth specified information regarding a raffle that may be included on an Internet Web site. This bill has been chaptered by the Secretary of State – Chapter 38, Statutes of 2009.
Tribal gaming: grants to local jurisdictions. SB 357 (Ducheny) Existing law creates Indian Gaming Special Distribution Fund in the State Treasury for the receipt and deposit of moneys received by the state from certain Indian tribes pursuant to the terms of gaming compacts entered into with the state. Existing law authorizes moneys in that fund to be used for specified purposes, including grants to local jurisdictions to mitigate the impacts of tribal casinos. Existing law, until January 1, 2010, requires the Controller to take specified actions to administer moneys in the fund in connection with those grants, and establishes procedures for awarding those grants. This bill extends the operation of the above provisions relating to the administration and awarding of grants to local jurisdictions until January 1, 2020. Passed and signed by the Governor.
Vacuum or suction dredge equipment. SB 670 (Wiggins) This bill prohibits the use of any vacuum or suction dredge equipment in any river, stream, or lake until the Director of the Department of Fish and Game certifies to the Secretary of State that (1) the Department has completed an environmental review of its existing vacuum or suction dredge equipment regulations as ordered by the court in a specified court action, (2) the Department has transmitted for filing with the Secretary of State a certified copy of new regulations, and (3) the new regulations are operative. This bill has been chaptered by the Secretary of State – Chapter 62, Statutes of 2009.
Natural resources: mining: conservation lands: Native American historical sites: tidelands and submerged lands. SB 833 (Committee on Natural Resources and Water) Existing law establishes the Native American Heritage Commission and requires the Commission, once it receives notification of Native American human remains from a county coroner, to notify the most likely descendants, and the descendants, with permission of the landowner, may inspect the site and recommend appropriate dignified disposition of the human remains and grave goods. Existing law requires, when the Commission is unable to identify descendants, the descendants fail to make a recommendation, or other specified circumstances occur, that the landowner reinter the human remains, and perform at least one of 3 activities to protect the site, including record a document with the county in which the property is located. This bill requires that the document be titled "Notice of Reinterment of Native American Remains" and include a legal description of the property, the name of the owner of the property, and the owner's acknowledged signature. This bill also requires a finding that sufficient building height limitations are in place to ensure that development on Yerba Buena Island will not substantially interfere with existing views, as of January 1, 2010, from the proposed trust lands on the eastern and western hilltop public park areas on Yerba Buena Island. Passed and signed by the Governor.
California Indian Heritage Month. ACR 41 (Miller) This measure proclaims November 2009 as California Indian Heritage Month, encourages its observance with activities that celebrate our uniqueness as Americans, and commends California Indian nations for their outstanding contributions to this state. This bill has been chaptered by the Secretary of State – Res. Chapter 17, Statutes of 2009.
Bills Vetoed
Energy: renewable energy resources: generation and transmission. AB 64 (Krekorian). A section of this bill mentions, when considering whether to designate a site for an electric transmission line and facilities appurtenant thereto or transmission corridor zones, the Public Utilities Commission authority shall confer with cities and counties, federal agencies, and California Native American tribes to identify appropriate areas within their jurisdictions that may be suitable for designation. The authority shall, to the extent feasible, coordinate efforts to identify long-term transmission needs of the state with the land use plans of cities, counties, federal agencies, and California Native American Tribes. The authority shall not propose any facility within the jurisdiction of a California Native American Tribe without the approval of the California Native American Tribe. Location: This bill has been vetoed by the Governor.
Bills that Failed to Pass in 2009
Santa Susana State Park. AB 102 (Smyth). This bill requires the Director of Parks and Recreation, not later than January 1, 2012, to establish the Santa Susana State Park Advisory Committee, which would be responsible for assisting the department, in an advisory capacity, to plan for interim and permanent land uses and facilities through the general planning process for the Santa Susana Field Laboratory site in Ventura County. The Santa Susana Field Laboratory property in Ventura County plays an important role in aiding the preservation of critical habitat and wildlife corridors, as well as historical artifacts of regional, statewide, and national importance. Remarkably preserved Native American cave paintings exist at this site and should be safeguarded for future generations. This bill requires the department to take specified actions with respect to the development of a state park at the Santa Susana Field Laboratory site. Location: This bill has been suspended by the Senate Natural Resources and Water Committee and the Senate Rules Committee.
Tribal gaming: grants to local agencies. AB 707 (Nestande) Existing law provides for the distribution of moneys in the SDF for grants to local government agencies impacted by tribal gaming and provides for the establishment of an Individual Tribal Casino Account for each tribe that operates a casino within a county that has gaming devices that are subject to an obligation to contribute to the SDF. Existing law requires that 60% of each Individual Tribal Casino Account be available for nexus grants on a yearly basis to cities and counties impacted by tribes that are paying into the Indian Gaming Special Distribution Fund, according to a 4-part nexus test. This bill would make a technical, nonsubstantive change to these provisions. For instance, the Controller, in consultation with the California Gambling Control Commission, shall divide the County Tribal Casino Account for each county that has gaming devices which are subject to an obligation to make contributions to the Indian Gaming Special Distribution Fund into a separate account for each tribe that operates a casino within the county, known as Individual Tribal Casino Accounts, and funds may be released from these accounts to make grants selected by an Indian Gaming Local Community Benefit Committee to local jurisdictions impacted by tribal casinos. Each Individual Tribal Casino Account shall be funded in proportion to the amount that each individual tribe paid in the prior fiscal year to the SDF. Location: This bill died without having a hearing.
State government: agencies, commissions, boards: repeal. AB 783 (Anderson) Existing law authorizes the creation of various state agencies, boards, and commissions. This bill requires that all statutorily created state agencies, boards, and state commissions that are funded by General Fund revenues, except for the Franchise Tax Board, be repealed on January 1, 2022. Location: This bill has been suspended by the Assembly Business and Professions Committee.
Curriculum and instructional materials: Native Americans. AB 970 (Assembly Member Block) This bill encourages 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 information about American Indians. The bill encourages instruction about American Indians, emphasizing California Native Americans, including their tribal and sovereign governments and their relationship with the California state government. The bill requires the state board, within one year following the conclusion of the first adoption cycle for history-social science instructional materials that occurs on or after January 1, 2010, to report to the Legislature and the Governor regarding the progress of achieving the goals set forth by the bill. Location: This bill has been suspended by the Senate Rules Committee.
Remote call bingo: cosponsorship agreements. AB 1036 (Niello) The California Constitution allows the Legislature, by statute, to authorize cities and counties to provide for bingo games for charitable purposes. Existing statutory law permits cities and counties to allow bingo games to be conducted by specified organizations for charitable purposes, and also permits cities and counties to allow remote caller bingo games. Existing law allows a maximum of 10 unaffiliated organizations to enter into an agreement to cosponsor a remote caller bingo game if the game does not have more than 10 locations. This bill, instead, allows a maximum of 100 unaffiliated organizations to enter into an agreement to cosponsor a remote caller bingo game if the game does not have more than 100 locations. Location: This bill has been suspended by the Governmental Organization Committee.
Gaming compacts: local support. AB 1443 (Huffman) The federal Indian Gaming Regulatory Act 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 compacts, subject to ratification by the Legislature. This bill authorizes the Governor to consider the presence or absence of local support when negotiating a tribal-state gaming compact to allow class III gaming on Indian lands. The bill includes a related statement of legislative findings and declarations. Location: This bill has been suspended by the Senate Rules Committee.
State government: boards, commissions, committees: repeal. AB 1518 (Anderson) Existing law authorizes the creation of various state boards, commissions, and committees. This bill requires that all statutorily created state boards, commissions, and committees that have not met or had a quorum at any of their regular meetings since January 1, 2008, be repealed on January 1, 2010. Location: This bill has suspended by the Assembly Business and Professions Committee.
Salton Sea Restoration Council. SB 51 (Ducheny). This bill establishes the Salton Sea Restoration Council under the Resources Agency to implement certain preferred alternative activities set forth in the agency's Salton Sea Ecosystem Restoration Program. The program includes provisions to develop and implement, or finance, additional pilot or demonstration projects to improve the water quality of the Salton Sea, to restore the Salton Sea ecosystem, and to take other actions to enhance the sea. The bill prescribes requirements relating to the composition and administration of the council. The council will include an executive committee, which serves as the governing body of the council, and would be required to provide guidance and oversight on behalf of the restoration program. The Salton Sea Restoration Council works in collaboration with other local governments, including Native American Tribes to preserve tribal heritage and cultures associated with the Sea. Location: This bill has been suspended by the Assembly Rules Committee.
Agricultural lands: cancellation of the Williamson Act Contracts. SB 170 (Florez). Existing law authorizes a landowner to petition a county board or supervisors or a city council for cancellation of any Williamson Act contract. The board or council may grant tentative approval for cancellation of a contract if it finds that cancellation is in the public interest. For these purposes, the board or council must find that other public concerns substantially outweigh the objectives of the Williamson Act and that either there is no proximate noncontracted land that is both available and suitable for the proposed use of the contracted land to be put, or that development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land. SB 170 establishes a rebuttable presumption, that when a Native American tribe or tribal group petitions for a contract cancellation of a Williamson Act contract, tribal cultural centers, infrastructure, and housing are alterative uses that are public concerns that substantially outweigh the objectives of the Act. Tribal cultural centers, infrastructure, and housing, land contiguous to existing tribal land would provide more contiguous patterns of urban development than development of proximate noncontracted land. Location: This bill was pulled by Senator Florez.
Indian tribes: economic development. SB 358 (Ducheny) Existing law, the California Small Business Financial Development Corporation Law, authorizes the formation of small business financial development corporations to grant loans or loan guarantees for the purpose of stimulating small business development and imposes certain duties with respect thereto on a director designated by the Secretary of Business, Transportation and Housing. This bill requires the secretary to establish the Native American Business Revolving Loan and Guarantee Program for the purpose of providing nongaming business loans and loan guarantees to qualified Indian tribes. The bill creates the Native American Business Revolving Loan and Guarantee Program Account within the California Small Business Expansion Fund, solely for the purpose of receiving state, federal, or local government moneys, other public or private moneys, and tribal government contributions. Location: This bill has been held under submission in the Senate Appropriations Committee.
California Lottery. SB 570 (Maldonado) This bill requires commencing with the 2009-10 fiscal year, that not less than 87% of the total annual revenues of the state lottery be returned to the public, and no more than 13% be used for lottery expenses. The bill defines total revenues of the state lottery to include revenue from the sale of tickets or shares, merchandising revenue, advertising revenue, interest earnings on moneys in the State Lottery Fund, and unclaimed prizes. This bill requires, instead, that not less than 50% of the total annual lottery revenues, in an amount to be determined by the California State Lottery Commission, be returned to the public in the form of prizes. The bill requires the commission to establish the percentage to be allocated for specified public education purposes to maximize the total net revenues for public education, provided that total net revenues for public education during any fiscal year after the 2010-11 fiscal year would be prohibited from being less than $1,280,000,000. The bill also requires the commission, each fiscal year, to allocate $1,000,000 to the Office of Problem and Pathological Gambling within the State Department of Alcohol and Drug Programs for problem gambling awareness and treatment programs, and would require the director of that office to report to the commission on the effectiveness of problem gambling awareness and treatment efforts. Location: This bill has been suspended by the Senate Governmental Organization.
Tribal business entities: file numbers. SB 653 (Correa) Existing federal law authorizes a federally recognized tribe to form a business entity. Existing law requires various business entities, including, but not limited to, corporations, foreign corporations, limited liability companies, and foreign limited liability companies, to file statements containing specified information with the Secretary of State. Existing law also authorizes the Secretary of State to issue file numbers to these entities. This bill requires the Secretary of State, upon written request by a tribal business entity formed by a federally recognized tribe, to issue a file number to that business entity to be used for specified purposes. Location: This bill has been suspended by the Assembly Judiciary Committee.
Native American Tribal Rights. ACR 32 (Miller) This measure reaffirms state recognition of the sovereign status of federally recognized Indian tribes as separate and independent political communities within the United States, encourages all state agencies, when engaging in activities or developing policies affecting Native American tribal rights or trust resources, to do so in a knowledgeable, sensitive manner that is respectful of tribal sovereignty, and encourages all state agencies to continue to reevaluate and improve the implementation of laws affecting Native American tribal rights. Location: This bill has been suspended by the Assembly Judiciary Committee.
Tribal gaming: local support. ACR 56 (Huffman) This measure would call upon the Governor to refrain from negotiating a tribal-state gaming compact, with respect to specified gaming proposals on nontribal lands, until the land upon which the gaming will occur has been taken into trust for the tribe, the tribe has jurisdiction over the land, and the local jurisdiction and the local community in which the tribe's proposed gaming project would be located actually support the project. Location: This bill has been suspended by the Senate Governmental Organization Committee.
