BILL NUMBER: SB 162 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 30, 2012
AMENDED IN SENATE MAY 16, 2011
AMENDED IN SENATE APRIL 25, 2011
AMENDED IN SENATE MARCH 29, 2011
INTRODUCED BY Senator Anderson
FEBRUARY 2, 2011
An act to amend Section 19817 of, and to add Section
19934 to, the Business and Professions Code 11019.8
of the Government Code , relating to gaming
economic development .
LEGISLATIVE COUNSEL'S DIGEST
SB 162, as amended, Anderson. California Gambling Control
Commission: Gaming Policy Advisory Committee.
Economic Development: federally recognized Indian tribes.
Existing law encourages and authorizes all state agencies to
cooperate with federally recognized California Indian tribes on
matters of economic development and improvement for the Indian
tribes. Existing law provides that cooperation by state agencies with
federally recognized California Indian tribes on those matters may
include certain activities, including, among others, providing
information on programs to assist Indian tribes.
Existing federal law requires the Secretary of the Interior to
publish a list of all federally recognized Indian tribes in the
federal register.
This bill would add to the nonexclusive list of topics that state
agencies may cooperate with federally recognized Indian tribes
consulting with respect to the transfer of fee land into federal
trust status. This bill would define a federally recognized Indian
tribe as a tribe appearing on the list published by the Secretary of
the Interior.
(1) Existing law establishes the California Gambling Control
Commission and requires the commission to establish a 10-member
Gaming Policy Advisory Committee composed of representatives of
controlled gambling licensees and members of the general public in
equal numbers. Existing law requires the executive director of the
commission to convene this advisory committee, from time to time, for
the purpose of discussing recommended controlled gambling regulatory
policy. Existing law grants the Attorney General the authority to
structure the Department of Justice, pursuant to which the Bureau of
Gambling Control was created within the department.
This bill would delete the requirement that the committee be
composed of 10 members and would require that at least 3 members of
the committee be members of the general public. The bill would
require the advisory committee to meet at least twice a year and
would require the commission and the Department of Justice to consult
with the committee on recommended proposed regulations and would
require the committee to present its recommendations to the
Department of Justice.
(2) Existing law requires the Department of Justice to make
appropriate investigations of violations of the Gambling Control Act
or any regulations adopted under the act and authorizes the
department to take action to suspend a license or permit.
This bill would prohibit the commission from commencing an action
against a gambling establishment, its owners, or its employees for a
violation of the act committed independently by a 3rd-party provider
of proposition player services or its employees.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11019.8 of the
Government Code is amended to read:
11019.8. (a) All state agencies, as defined in Section 11000, are
encouraged and authorized to cooperate with federally recognized
California Indian tribes on matters of economic development and
improvement for the Indian tribes.
(b) Cooperation by state agencies with federally recognized
California Indian tribes may include, but need not be limited to, all
of the following:
(1) Providing information on programs available to assist Indian
tribes.
(2) Providing technical assistance on the preparation of grants
and applications for public and private funds, and conducting
meetings and workshops.
(3) Any other steps that may reasonably be expected to assist
Indian tribes to become economically self-sufficient.
(4) Consulting with respect to the transfer of fee land into
federal trust status, particular when the acquisition is for the
purpose of housing, environmental protection, or cultural
preservation.
(c) Cooperation by state agencies on economic development and
improvement for federally recognized California Indian tribes, as
described in this section, shall not be construed to include
activities that promote gambling.
(d) For purposes of this code, or any other California law,
"federally recognized tribe" means a tribe that appears on the list
of Indian Entities Recognized and Eligible to Receive Services from
the United States Bureau of Indian Affairs, published pursuant to
Section 479a-1 of Title 25 of the United States Code.
SECTION 1. Section 19817 of the Business and
Professions Code is amended to read:
19817. The commission shall establish and appoint a Gaming Policy
Advisory Committee. The committee shall be composed of
representatives of controlled gambling licensees and at least three
members of the general public. The executive director shall, from
time to time, convene the committee for the purpose of discussing
matters of controlled gambling regulatory policy and any other
relevant gambling-related issue, provided that the committee shall
meet at least twice a year. The commission and the department shall
consult with the committee on proposed regulations. The
recommendations concerning gambling policy and proposed regulations
made by the committee shall be presented to the commission and the
department, but shall be deemed advisory and not binding on the
commission and the department in the performance of their respective
duties or functions. The committee shall not advise the commission on
Indian gaming.
SEC. 2. Section 19934 is added to the Business
and Professions Code, to read:
19934. The commission shall not commence an action against a
gambling establishment, its owners, or its employees for a violation
of this chapter committed independently by a third-party provider of
proposition player services or an agent or employee of the provider.