Amended in Senate May 27, 2014

Amended in Senate September 10, 2013

Amended in Senate July 9, 2013

Amended in Assembly May 1, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1098


Introduced by Assembly Member Gray

February 22, 2013


An act to add Sectionbegin delete 6126.10 to the Business and Professions Codeend deletebegin insert 12012.63 to the Government Codeend insert, relating tobegin delete attorneysend deletebegin insert tribal gamingend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 1098, as amended, Gray. begin deleteAttorneys: practice of law. end deletebegin insertTribal gaming: compact ratification.end insert

begin insert

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.

end insert
begin insert

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.

end insert
begin insert

This bill would ratify the tribal-state gaming compact entered into between the State of California and the Estom Yumeka Maidu Tribe of the Enterprise Rancheria, executed on August 31, 2012. The bill would provide that, in deference to tribal sovereignty, certain actions are not projects for purposes of CEQA.

end insert
begin delete

Existing law prohibits a person from practicing law in California, or from advertising or holding himself or herself out as practicing law, unless the person is an active member of the State Bar, or otherwise authorized, as specified, to practice law in this state. A violation of these provisions is a crime. Existing law, with specified exceptions, generally defines a legal document assistant as a person who, among other things, provides or assists in providing, for compensation, any self-help service to a member of the public representing himself or herself in a legal matter. Existing law regulates the activities of legal document assistants and requires them to register, as specified. A violation of these provisions is a crime.

end delete
begin delete

This bill would provide that it is not the practice of law, is not a violation of those provisions prohibiting the unlawful practice of law, does not constitute the activities of a legal document assistant, and does not require registration as a legal document assistant for a person to design, create, publish, assemble, complete, distribute, display, or sell legal products, by means of an Internet Web site or mobile application, if the Internet Web site or mobile application includes a statement that it is not a substitute for an attorney.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 12012.63 is added to the end insertbegin insertGovernment
2Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert12012.63.end insert  

(a) The tribal-state gaming compact entered into
4in accordance with the federal Indian Gaming Regulatory Act of
51988 (18 U.S.C. Secs. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701
6et seq.) between the State of California and the Estom Yumeka
7Maidu Tribe of the Enterprise Rancheria, executed on August 31,
82012, is hereby ratified.

P3    1(b) (1) In deference to tribal sovereignty, none of the following
2shall be deemed a project for purposes of the California
3Environmental Quality Act (Division 13 (commencing with Section
421000) of the Public Resources Code):

5(A) The execution of an amendment to the tribal-state gaming
6compact ratified by this section.

7(B) The execution of the tribal-state gaming compact ratified
8by this section.

9(C) The execution of an intergovernmental agreement between
10a tribe and a county or city government negotiated pursuant to
11the express authority of, or as expressly referenced in, the
12tribal-state gaming compact ratified by this section.

13(D) The execution of an intergovernmental agreement between
14a tribe and the Department of Transportation negotiated pursuant
15to the express authority of, or as expressly referenced in, the
16tribal-state gaming compact ratified by this section.

17(E) The on-reservation impacts of compliance with the terms
18of the tribal-state gaming compact ratified by this section.

19(F) The sale of compact assets, as defined in subdivision (a) of
20Section 63048.6, or the creation of the special purpose trust
21established pursuant to Section 63048.65.

22(2) Except as expressly provided herein, this subdivision does
23not exempt a city, county, or city and county, or the Department
24of Transportation, from the requirements of the California
25Environmental Quality Act.

end insert
begin delete26

SECTION 1.  

Section 6126.10 is added to the Business and
27Professions Code
, to read:

28

6126.10.  

(a) It is not the practice of law, is not a violation of
29this article, does not constitute the activities of a legal document
30assistant pursuant to Chapter 5.5 (commencing with Section 6400),
31and does not require registration as a legal document assistant
32pursuant to Section 6402 for a person to design, create, publish,
33assemble, complete, distribute, display, or sell, by means of an
34Internet Web site or mobile application, legal products, including,
35but not limited to, written material, books, documents, forms, and
36computer software.

37(b) This section shall apply only if the Internet Web site or
38mobile application includes a statement that it is not a substitute
39for an attorney.

end delete


O

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