2011: State/Federal
- July 21, 2011: Proposed Legislation - Violence Against Women Act; tribal court to have jurisdiction over non Indians
- This applies to non-Indians and Indians alike. The same protections that the Tribal Law and Order Act applied when tribes exercise their tribal court jurisdiction to offenses of greater than one-year punishment, namely the tribe has to provide (1) the defendant the right to effective assistance of counsel at least equal to that guaranteed by the United States Constitution; (2) the assistance of a defense attorney licensed to practice law by certain professional standards; (3) require that the judge is licensed to practice law and has sufficient legal training in criminal proceedings; (4) make publicly available the criminal laws and rules of evidence and criminal procedure of the tribal government; and (5) maintain a record of the criminal proceeding. Note that while the TLOA required these only for cases involving a potential punishment of more than one year, this proposal would apply these protections in all cases of this special domestic violence criminal jurisdiction. But there does not appear to be a process to appeal to federal court.
- July 2011: Comment on California Courts to Enforce Tribal Court Judgements
- The proposed legislation seeks to clarify and simplify the process by which tribal court civil judgments are recognized and enforced in California. Currently, tribal court judgments may be recognized through the provisions of the Uniform Foreign-Country Money Judgments Recognition Act (Code Civ. Proc., §§ 1713 –1724).1 Proceeding to obtain enforcement under that act can be lengthy and costly. This proposal would institute a discrete procedure for recognizing and enforcing tribal court civil judgments that would provide swifter recognition of such judgments while applying the principles of comity appropriate to judgments of sovereign tribes throughout the country.
- July 12, 2011: Hearing on Carcieri Legislation
- HR 1234 and HR 1291 Opening Statements of Congressman Don Young, Chairman of the Sub Committee -- Testimony in related items
- Tribal Gaming Eligibility Act Bill
- By U.S. Senator Dianne Feinstein - an amendment to IGRA to rein in Reservation Shopping
- S. 676: Author Daniel Akaka - Carcieri Fix
- S. 1424 Senator McCain and Senator Kyl
- Restricitions on fee to trust acquired off reservation
- H. R. 1291: Author Rep. Tom Cole - Carcieri Fix
- H.R. 1234: Author Dale Kidee- Carcieri Fix
- AB 1418: Ratificiation of Pinoleville Tribal State Compact
- AB 1020: Ratification of Upper Lake Tribal State Compact
- AB 968: Indian Tribes and State Agencies
- AB 742 - Indian Gaming Local Community Benefit Committee
- This bill would require each grant application to clearly show how the grant will mitigate the impact of the casino on the grant applicant. 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.
- AB 513: Enforcement of Gambling Obligations- debt
- This bill would authorize a tribal gaming operation or a gambling enterprise, or a person acting on behalf of either of those entities, to bring an action in state court to enforce credit instruments that evidence gambling debt, including an action to enforce the debt represented by a credit instrument that is lost or destroyed if the existence of the credit instrument can be proven.
- AB 307: Joint powers agreements: Tribal Governments
- Existing law authorizes 2 or more public agencies, as defined, to enter into an agreement to exercise common powers. Existing law also permits certain federally recognized Indian tribes to enter into joint powers agreements with particular parties and for limited purposes. This bill would include a federally recognized Indian tribe as a public agency that may enter into a joint powers agreement. This bill would also make conforming changes by repealing now redundant conforming related code sections. This bill would also prohibit any joint powers authority that includes a federally recognized Indian tribe from authorizing or issuing bonds pursuant to the Marks-Roos Local Bond Pooling Act of 1985 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 or one or more of its public agency members.
- AB 241: Gambling Moratorium - 2020
- 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 would extend the operation of these provisions to January 1, 2020.
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