Bill > AB742

Introduced Session

AB 742, as amended, Nestande Bonnie Lowenthal . Tribal gaming: local agencies. Surface mining: Indian reservations and Native American sacred sites. (1) The Surface Mining and Reclamation Act of 1975 prohibits a person, with exceptions, from conducting surface mining operations unless a permit is obtained from, a reclamation plan is submitted to and approved by, and financial assurances for reclamation have been approved by, the lead agency for the operation. Existing law prohibits a lead agency from approving a reclamation plan for a surface mining operation for gold, silver, copper, or other metallic minerals or financial assurances for the operation if the operation is located on, or within one mile of, a Native American sacred site and is located in an area of special concern, unless certain criteria are met. This bill would also prohibit a lead agency from approving a reclamation plan for an aggregate products operation if the operation is located on or within 2,000 yards of the external boundaries of an Indian reservation and is on or within 5,000 yards of a Native American sacred site, and is on or within 4,000 yards of the Santa Margarita River or an aquifer that is hydrologically connected to the river, unless the tribe whose reservation is nearest the operation consents to the operation. This bill would declare that it is to take effect immediately as an urgency statute. 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, as specified. Existing law establishes an Indian Gaming Local Community Benefit Committee in each county in which gaming is conducted, specifies the composition and responsibilities of that committee, and requires that committee to make the selection of grants from the casino accounts. Among other things, the committee is responsible for establishing all application policies and procedures for grants from the casino accounts. This bill would require each grant application to clearly show how the grant will mitigate the impact of the casino on the grant applicant. Existing law requires every state agency and local government agency to adopt and promulgate a Conflict of Interest Code applicable to enumerated positions within the agency and designated employees, as specified. This bill would require each Indian Gaming Local Community Benefit Committee to adopt and approve a Conflict of Interest Code pursuant to these provisions. The bill would require any existing Conflict of Interest Code to be reviewed and amended as necessary to bring it into compliance with these requirements. By increasing the duties of local government entities, 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. Statutory provisions establish procedures for making that reimbursement. This bill would provide 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. Vote: majority 2/3 . Appropriation: no. Fiscal committee: yes. State-mandated local program: yes no .

Committee Categories

Julia Brownley (D)*,  Ted Lieu (D)*,  Bonnie Lowenthal (D)*,  Alex Padilla (D)*,  Sharon Runner (R)*,  Norma Torres (D)*,  Juan Vargas (D)*,  Michael Allen (D),  Toni Atkins (D),  Jim Beall (D),  Marty Block (D),  Susan Bonilla (D),  Steve Bradford (D),  Betsy Butler (D),  Wilmer Carter (D),  Mike Davis (D),  Mike Eng (D),  Beth Gaines (R),  Mike Gatto (D),  Curt Hagman (R),  Tom Harman (R),  Roger Hernandez (D),  Jerry Hill (D),  Ben Hueso (D),  Ricardo Lara (D),  Fiona Ma (D),  Holly Mitchell (D),  V. Manuel Pérez (D),  Curren Price (D),  James Silva (R),  Nancy Skinner (D),  Cameron Smyth (R),  Jose Solorio (D),  Tony Strickland (R),  Bob Wieckowski (D),  Das Williams (D),  Lois Wolk (D),  Mark Wyland (R),  Mariko Yamada (D), 

From committee: Do pass and re-refer to Com. on RLS. (Ayes 7. Noes 0.) (August 23). Re-referred to Com. on RLS. (on 08/23/2011)

Official Document