HomeMy WebLinkAboutResolution 2009-096 N.C.S. 07/06/2009Resolution No. 2009-096 N.C.S.
of the City of Petaluma, California
RESOLUTION IN SUPPORT OF AB 1443 -GAMING COMPACTS
WHEREAS, the federal Indian Gaming Regulatory Act of 1988 (IGRA) authorizes
federally recognized Indian tribes to conduct class III gaming on Indian lands within the tribe's
jurisdiction, to the extent those games are permitted by state law, and pursuant to a gaming
compact negotiated between a tribe and the state; and
WHEREAS, 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; and
WHEREAS, the California Constitution authorizes the Governor to negotiate and
conclude such compacts, subject to ratification by the Legislature; and
WHEREAS, an increasing number of Indian tribes are seeking to take new land into
trust for purposes of conducting class III gaming activities pursuant to the provisions of IGRA,
often in urban areas; and
WHEREAS, in May 2005, Governor Arnold Schwarzenegger issued a
proclamation that he would (1) oppose proposals for the federal acquisition of lands within any
urbanized area where the lands sought to be acquired in trust are to be used to conduct or
facilitate gaming activities; (2) decline to engage in negotiations for tribal-state gaming compacts
where the Indian tribe does not have Indian lands eligible for class III gaming; (3) consider
requests for gubernatorial concurrence to allow a tribe to conduct class III gaming on newly
acquired land only when (A) the land that is sought for class III gaming is not within any
urbanized area, (B) the local jurisdiction in which the tribe's proposed gaming project is located
supports the project, (C) the tribe and the local jurisdiction demonstrate that the affected local
community supports the project, such as by a local advisory vote, and (D) the project
substantially serves a clear, independent. public policy, separate and apart from any increased
economic benefit or financial contribution to the state, community, or the Indian tribe that may
arise from gaming; and
WHEREAS, California State Assemblyman Jared Huffman (D-6`" District) has authored
AB 1443, Gaming Compacts: Local Support, which intent is to encourage the Governor to
negotiate atribal-state gaming compact only when land has been taken into trust and when the
local jurisdiction and the local community in which the tribe's proposed gaming project would
be located actually support the project, and, in the absence of that local support, it is the intent of
the Legislature not to ratify the compact; and
WHEREAS, AB 1443 provides for the addition of Section 12012.87 to the Government
Code, to read: 12012.87. When engaging in negotiations for atribal-state gaming compact to
allow class III gaming on Indian lands within the tribe's jurisdiction, the Governor may consider
Resolution No. 2009-096 N.C.S. Page 1
the presence or absence of local support demonstrated by both of the following:
(a) The results of an advisory vote in the county or counties in which the tribe's Indian
lands are located, either approving or disapproving a proposed gaming facility.
(b) One or more intergovernmental agreements enforceable in state court, that include
provisions to mitigate the impacts of the proposed gaming and related activities,
executed by the Indian tribe and each of the following entities:
(1) The incorporated city or city and county in which the Indian lands are located, or,
if the land is not located within an incorporated city or city and county, the county
or counties in which the land is located.
(2) Each county that is contiguous to the county in which the land is located and that
is likely to be substantially impacted by the proposed gaming and related
activities, as reasonably determined by the board of supervisors of the county and
set forth in a measure specifying the nature of anticipated impacts that are no
more than 75 miles from the proposed gaming facility, and the estimated costs of
mitigation; and
WHEREAS, AB 1443 provides guidelines for the Governor in negotiating tribal gaming
compacts and allow for input from both citizens and local government for communities that host
a tribal casinos.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma does hereby support Assemblymember Huffman's bill, AB 1443, Gaming Compacts:
Local Support.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on the 6h day of July, 2009, by
the following vote:
AYES: Vice Mayor Barrett, Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
City
to
Mayor
Resolution No. 2009-096 N.C.S. Page 2