BILL NUMBER: AB 277 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Hall
( Principal coauthor: Assembly Member
Chesbro )
FEBRUARY 11, 2013
An act to amend Sections 19800 and 19819 of the Business
and Professions Code, relating to gaming. add Section
12012.59 to the Government Code, relating to tribal gaming.
LEGISLATIVE COUNSEL'S DIGEST
AB 277, as amended, Hall. Gaming: Gambling Control Act.
Tribal gaming: compact ratification.
Existing federal law, the Indian Gaming Regulatory Act of 1988,
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. 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 North Fork Rancheria
Band of Mono Indians, executed on August 31, 2012. The bill would
also ratify the tribal-gaming compact entered into between the State
of California and the Wiyot Tribe, executed on March 20, 2013. The
bill would provide that, in deference to tribal sovereignty, certain
actions are not projects for purposes of CEQA.
The Gambling Control Act provides for the licensure of certain
individuals and establishments that conduct controlled games, as
defined, and for the regulation of these gambling activities by the
California Gambling Control Commission. The Department of Justice has
related investigatory and enforcement duties under the act.
The act requires 5 members to be appointed to the commission by
the Governor, subject to confirmation by the Senate. The act
specifies that a majority of the appointed members of the commission
is a quorum and that the concurring vote of 3 members of the
commission is required for any official action of the commission or
for the exercise of any of the commission's duties, powers, or
functions.
This bill would instead require the affirmative vote of a
majority of those members present at a meeting of the commission
constituting at least a quorum to render a decision, to pass a
motion, or for the exercise of any of the commission's duties,
powers, or functions.
This bill would make a technical, nonsubstantive change to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12012.59 is added to the
Government Code , to read:
12012.59. (a) (1) 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 North Fork Rancheria
Band of Mono Indians, executed on August 31, 2012, is hereby
ratified.
(2) 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 Wiyot Tribe, executed on
March 20, 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
compacts ratified by this section.
(B) The execution of the tribal-state gaming compacts 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 compacts 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 compacts ratified by this section.
(E) The on-reservation impacts of compliance with the terms of the
tribal-state gaming compacts 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.
SECTION 1. Section 19800 of the Business and
Professions Code is amended to read:
19800. This chapter is known, and may be cited, as the "Gambling
Control Act."
SEC. 2. Section 19819 of the Business and
Professions Code is amended to read:
19819. (a) The commission shall establish and maintain a general
office for the transaction of its business in Sacramento. The
commission may hold meetings at any place within the state when the
interests of the public may be better served.
(b) A public record of every vote shall be maintained at the
commission's principal office.
(c) A majority of the appointed members of the commission
constitutes a quorum of the commission. The affirmative vote of a
majority of those commissioners present at a meeting of the
commission constituting at least a quorum shall be required to render
a decision, to pass a motion, or for the exercise of any of the
commission's duties, powers, or functions.
(d) Except as otherwise provided in this chapter, Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code applies to meetings of the
commission. Notwithstanding Section 11125.1 of the Government Code,
documents, which are filed with the commission by the department for
the purpose of evaluating the qualifications of an applicant, are
exempt from disclosure under Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code.