Amended in Assembly August 18, 2014

Amended in Senate April 10, 2014

Senate Bill No. 1356

Introduced by Senator begin delete Lieu end delete begin insert De León end insert

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(Principal coauthors: Assembly Members Atkins, Gatto, and Hall)

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(Coauthors: Senators Anderson, Correa, Hueso, and Lara)

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(Coauthors: Assembly Members Ian Calderon, Dababneh, and Roger Hernández)

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February 21, 2014

begin delete An act to amend Sections 17801 and 17802 of the Business and Professions Code, relating to counterfeit goods. end delete begin insert An act to add Section 12012.64 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1356, as amended, begin delete Lieu end delete   begin insert De León end insert . begin delete Counterfeit goods: abatement: nonresidential premises. end delete begin insert Tribal gaming: compact ratification. end insert

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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.

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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.

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This bill would ratify the amendment to the tribal-state gaming compact entered into between the State of California and the Viejas Band of Kumeyaay Indians, executed on August 12, 2014. The bill would provide that, in deference to tribal sovereignty, certain actions related to that amended compact are not projects for purposes of CEQA.

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This bill would declare that it is to take effect immediately as an urgency statute.

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(1) Existing law provides that, until January 1, 2015, if a person is convicted for willfully manufacturing, intentionally selling, or knowingly possessing for sale any counterfeit mark, then a nonresidential building or place used by that person for the purpose of willfully manufacturing, intentionally selling, or knowingly possessing for sale any counterfeit of a registered mark is a nuisance that shall be enjoined, abated, and prevented, whether it is a public or private nuisance, and specified civil remedies may be applied. A violation of a restraining order or an injunction relative to a nuisance in this context is a crime. Under existing law, a district attorney, county counsel, city attorney, or city prosecutor that maintains an action or actions to enjoin, abate, or prevent a nuisance pursuant to these provisions was required to report to the Legislature by October 1, 2013, on their use of the provisions and their effectiveness.

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This bill would extend the operation of the provisions described above until January 1, 2016. By extending the operation of these provisions, this bill would expand the scope of a crime, as described above. The bill would also require a district attorney, county counsel, city attorney, or city prosecutor that maintains an action to enjoin, abate, or prevent a nuisance pursuant to these provisions to provide a report to the Senate and Assembly Committees on Judiciary, as specified, by February 1, 2015.

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(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

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

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begin insert SECTION 1. end insert   

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begin insert Section 12012.64 is added to the end insert begin insert Government
Code end insert begin insert , to read: end insert

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begin insert 12012.64. end insert   

(a) The amendment to 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 Viejas Band of Kumeyaay Indians, executed on August 12,
2014, 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 amended 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 amended
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
amended tribal-state gaming compact ratified by this section.

(E) The on-reservation impacts of compliance with the terms
of the amended 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 in this section, 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.

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begin insert SEC. 2. end insert   

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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:

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In order to enhance the economic development, stability, and
self-sufficiency of the Viejas Band of Kumeyaay Indians and to
protect the interests of the tribe and its members, the surrounding
community, and the California public at the earliest possible time,
it is necessary that this act take effect immediately.

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SECTION 1.  

Section 17801 of the Business and Professions
Code is amended to read:

17801.  

A district attorney, county counsel, city attorney, or
city prosecutor that maintains an action or actions to enjoin, abate,
or prevent a nuisance pursuant to the provisions of this chapter
shall report to the Senate and Assembly Committees on Judiciary,
by February 1, 2015, on their use of the provisions of this chapter
and their effectiveness. The report shall include, but not be limited
to, all of the following:

(a) The frequency of use of the nuisance abatement provisions
as well as statistics on whether the use of the abatement provisions
correlates with a decrease in the use of criminal penalties.

(b) Any statistics or information concerning the impact of the
use of these provisions on counterfeiting overall, both in the
relevant county or city and overall.

SEC. 2.  

Section 17802 of the Business and Professions Code
is amended to read:

17802.  

This chapter shall remain in effect only until January
1, 2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.

SEC. 3.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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