AB 307
Page 5
SENATE RULES COMMITTEEOffice of Senate Floor Analyses
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THIRD READING
Bill No: AB 307
Author: Nestande (R)
Amended: 6/22/11 in Senate
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE: 9-0, 6/8/11
AYES: Wolk, Huff, DeSaulnier, Fuller, Hancock, Hernandez, Kehoe, La Malfa, Liu
ASSEMBLY FLOOR: 66-0, 4/25/11 - See last page for vote
SUBJECT: Joint powers agreements: public agency: federally
recognized Indian tribe
SOURCE: United Auburn Indian Community
DIGEST: This bill adds federally recognized Indian tribes to the Joint Exercise of Powers Act’s definition of a “public agency.”
Senate Floor Amendments of 6/22/11 delete the section of the bill that repeals the statute authorizing the Elk Valley Rancheria Tribal Council to enter into specified joint powers agreements, leaving that authority in place.
ANALYSIS: The Joint Exercise of Powers Act allows two or more public agencies to use their powers in common if they sign a joint powers agreement. Sometimes an agreement creates a new, separate government called a joint powers authority (JPA). Public officials have created approximately 700 JPAs which are confederations of governments working together for common purposes.
State law generally limits membership in JPAs to public agencies: federal, state, and local governments. According to a 1996 informal Attorney General’s opinion, tribal governments cannot sign joint powers agreements because Indian tribes are “domestic dependent nations” and not public agencies as defined by the Act.
Nevertheless, the Legislature has allowed three tribal governments to join JPAs:
· The Hoopa Business Council can join the Humboldt County Association of Governments [AB 1137 (Hauser), Chapter 73, Statutes of 1987].
· The Torres Martinez Desert Cahuilla Indians can join the Salton Sea Authority [AB 959 (Kelley), Chapter 19, Statutes of 2001].
· The Elk Valley Rancheria Tribal Council can join a JPA with Del Norte County or the City of Crescent City, or both [AB 1172 (Berg), Chapter 39, Statutes of 2003].
Most federally recognized Indian tribes received federal recognition status through treaties, acts of Congress, presidential executive orders, other federal administrative actions, or federal court decisions. Federal law specifies three ways in which an Indian group may become federally recognized:
· By Act of Congress,
· By administrative procedures specified in federal regulations, or
· By decision of a United States court.
This bill adds federally recognized Indian tribes to the Joint Exercise of Powers Act’s definition of a “public agency.”
This bill prohibits any joint powers authority that includes a federally recognized Indian tribe from having the authority to authorize or issue Marks-Roos bonds unless:
· The public improvements to be funded by the bonds will be owned and maintained by the authority or one or more of its public agency members, and
· The revenue streams pledged to repay the bonds derive from the authority, one or more of its public agency members, or any governmental or public fund or account the proceeds of which may be used for that purpose.
This bill defines “governmental or public fund or account” as including monies or revenue streams derived from, held by, belonging to, due to, or otherwise held for the benefit of, one or more public agency members, but not including any fund or account that is funded by any grants distributed to local government agencies from the Indian Gaming Special Distribution Fund.
This bill repeals the statutes authorizing the Torres Martinez Desert Cahuilla Indians to enter into specified joint powers agreements. This bill repeals language authorizing the Hoopa Business Council to enter into a joint powers agreement specifically for the purpose of participating on the Humboldt County Association of Governments.
This bill declares that it must not be construed to affect, modify, or repeal any existing joint powers authority formed before its effective date, including a joint powers authority that includes a federally recognized Indian tribe as a party or cooperating agency. This bill continues any authority granted by any prior law for a federally recognized Indian tribe to enter into a joint powers agreement.
Comments
Recognizing that collaboration between local governments and tribal governments on matters of mutual concern can produce significant public benefits, this bill eliminates the need for local governments to seek legislative approval before entering into JPAs with Indian tribes. California local governments already exercise independent discretion when entering into joint powers agreements with each other, California state agencies, the federal government, federal agencies, other states, or even local governments from other states. This bill simply grants local governments the same discretionary authority to enter into JPAs with federally recognized Indian tribes. Two California joint powers authorities already include Indian tribal governments as members; the Salton Sea Authority’s membership includes the Torres Martinez Desert Cahuilla Indians and the Border Coast Regional Airport Authority’s membership includes the Elk Valley Rancheria. State laws in other states, including Arizona, Nevada, New Mexico, Oregon, and Washington authorize joint powers agreements that include tribal governments. This bill follows these examples by eliminating the statutory barrier to local-tribal government collaboration through joint powers agreements.
Prior Legislation
This bill is similar to several recently unsuccessful legislative efforts to authorize tribal participation in JPAs. Governor Schwarzenegger vetoed:
· AB 2166 (Chesbro, 2010), which would have allowed the Smith River Rancheria Tribal Council to join the Border Coast Regional Airport Authority.
· AB 1884 (Maze, 2008), which would have allowed the Tule River Tribal Council to join a JPA to develop land near the Porterville airport.
· AB 1962 (Berg, 2006), which would have allowed the Tribal Council of the Yurok Tribe to join a JPA to restore fisheries in the Klamath River Basin.
· AB 2762 (Levine, 2006), which would have allowed 17 tribal governments to join the Southern California Association of Governments.
· AB 1747 (Wolk, 2005), which would have allowed the Rumsey Band of Wintun Indians to join a JPA in Yolo County.
The Governor’s veto messages cited various concerns related to tribes’ exercising sovereign powers, particularly off reservation lands, and expressed his preference that tribes and local governments cooperate through “agreements and memorandums of understanding.”
Related Legislation
AB 798 (Chesbro, 2011) allows the Smith River Rancheria Tribal Council to enter into a joint powers agreement.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 6/23/11)
United Auburn Indian Community (source)
Agua Caliente Band of Cahuilla Indians
California Nations Indian Gaming Association
California State Firefighters’ Association
City of La Mesa
Coachella Valley Association of Governments
Elk Valley Rancheria
Heartland Communications Facility Authority
San Diego Association of Governments
San Diego County Supervisor Dianne Jacob
Santa Ynez Band of Chumash Indians
Smith River Rancheria
Susanville Indian Rancheria
Yocha Dehe Wintun Nation
ASSEMBLY FLOOR:
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Campos, Carter, Cedillo, Chesbro, Cook, Davis, Dickinson, Eng, Feuer, Fletcher, Fong, Fuentes, Galgiani, Gatto, Gordon, Grove, Hall, Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries, Knight, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Monning, Morrell, Nestande, Nielsen, Norby, Pan, Perea, V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Charles Calderon, Conway, Donnelly, Furutani, Garrick, Gorell, Hagman, Halderman, Roger Hernández, Jones, Lara, Mitchell, Olsen, Vacancy
AGB:mw 6/23/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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