Bill Text: CA SB1224 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Tribal gaming: compact ratification.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-08-29 - Chaptered by Secretary of State. Chapter 300, Statutes of 2014. [SB1224 Detail]

Download: California-2013-SB1224-Amended.html

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BILL NUMBER: SB 1224	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 7, 2014

INTRODUCED BY   Senator Correa
    (   Coauthor:  
Assembly Member   Mansoor   )


                        FEBRUARY 20, 2014

   An act to  amend Section 14132.100 of the Welfare and
Institutions Code    add Section 12012.62 to the
Government Code  , relating to  Medi-Cal  
tribal gaming, and declaring the urgency thereof, to take effect
immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1224, as amended, Correa.  Federally qualified health
centers and rural health centers.   Tribal gaming:
compact ratification.  
   Existing federal law, the Indian Gaming Regulatory Act of 1988,
provides for the negotiation and execution of tribal-gaming compacts
for the purpose of authorizing certain types of gaming on Indian
lands within the state. The California Constitution authorizes the
Governor to negotiate and conclude compacts, subject to ratification
by the Legislature. Existing law expressly ratifies a number of
tribal-state gaming compacts, and amendments of tribal-state gaming
compacts, between the State of California and specified Indian
tribes.  
   The California Environmental Quality Act (CEQA) requires a lead
agency to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project, as
defined, that it proposes to carry out or approve that may have a
significant effect on the environment, as defined, or to adopt a
negative declaration if it finds that the project will not have that
effect.  
   This bill would ratify the tribal-state gaming compact entered
into between the State of California and the Karuk Tribe, executed on
December 4, 2013. The bill would provide that, in deference to
tribal sovereignty, certain actions are not projects for the purposes
of CEQA.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services, under
which qualified low-income individuals receive health care services.
Existing law provides that federally qualified health center (FQHC)
services and rural health clinic (RHC) services, as defined, are
covered benefits under the Medi-Cal program, to be reimbursed, to the
extent that federal financial participation is obtained, to
providers on a per-visit basis. "Visit" is defined as a face-to-face
encounter between a patient of an FQHC or RHC and specified health
care professionals. Existing law allows an FQHC or RHC to apply for
an adjustment to its per-visit rate based on a change in the scope of
services it provides.  
   This bill would provide that a maximum of 2 visits, as defined,
taking place on the same day at a single location shall be reimbursed
when after the first visit the patient suffers illness or injury
requiring additional diagnosis or treatment or the patient has a
medical visit, as defined, and another health visit, as defined. The
bill would require an FQHC or RHC that currently includes the cost of
encounters with more than one health professional that take place on
the same day at a single location as constituting a single visit for
purposes of establishing its FQHC or RHC rate to, by July 1, 2015,
apply for an adjustment to its per-visit rate. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 12012.62 is added to the 
 Government Code  , to read:  
   12012.62.  (a) The tribal-state gaming compact entered into in
accordance with the federal Indian Gaming Regulatory Act of 1988 (18
U.S.C. Secs. 1166 to 1168, inclusive, and 25 U.S.C. Sec. 2701 et
seq.) between the State of California and the Karuk Tribe, executed
on December 4, 2013, is hereby ratified.
   (b) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):
   (A) The execution of an amendment to the tribal-state gaming
compact ratified by this section.
   (B) The execution of the tribal-state gaming compact ratified by
this section.
   (C) The execution of an intergovernmental agreement between a
tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the tribal-state
gaming compact ratified by this section.
   (D) The execution of an intergovernmental agreement between a
tribe and the Department of Transportation negotiated pursuant to the
express authority of, or as expressly referenced in, the
tribal-state gaming compact ratified by this section.
   (E) The on-reservation impacts of compliance with the terms of the
tribal-state gaming compact ratified by this section.
   (F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.
   (2) Except as expressly provided herein, this subdivision does not
exempt a city, county, or city and county, or the Department of
Transportation, from the requirements of the California Environmental
Quality Act. 
   SEC. 2.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to enhance, at the earliest possible time, the economic
development, long-term stability, and self-sufficiency of the Karuk
Tribe and to protect the interests of the tribe and its members, the
surrounding community, and the California public, it is necessary for
this act to take effect immediately.  All matter omitted in
this version of the bill appears in the bill as introduced in the
Senate, February 20, 2014. (JR11)