SB 187,
as amended, Hall. begin deleteHorse racing: out-of-state thoroughbred races: Wood Memorial. end deletebegin insertTribal-gaming: compact ratification.end 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 to tribal-state gaming compacts, between the State of California and specified Indian tribes.
end insertbegin insertThe 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 insertbegin insertThis bill would ratify the tribal-state gaming compact entered into between the State of California and the Jamul Indian Village of California, executed on August 8, 2016. The bill would provide that, in deference to tribal sovereignty, certain actions are not projects for the purposes of CEQA.
end insertbegin insertThis bill would declare that it is to take effect immediately as an urgency statute.
end insertThe Horse Racing Law authorizes a thoroughbred racing association or fair to distribute the audiovisual signal and accept wagers on the results of out-of-state thoroughbred races conducted in the United States during the calendar period the association or fair is conducting a race meeting, including days on which there is no live racing being conducted by the association or fair, without the consent of the organization that represents horsemen and horsewomen participating in the race meeting and without regard to the amount of purses. Under that law, the total number of thoroughbred races imported by associations or fairs on a statewide basis under these provisions are required to not exceed 50 per day on days when live thoroughbred or fair racing is being conducted in the state, with the exception of prescribed races, including races imported that are part of the race card of the Kentucky Derby, the Kentucky Oaks, the Preakness Stakes, the Belmont Stakes, the Jockey Club Gold Cup, the Travers Stakes, the Arlington Million, the Breeders’ Cup, the Dubai World Cup, the Arkansas Derby, the Apple Blossom Handicap, or the Haskell Invitational.
end deleteThis bill would also exempt from the 50 imported race-per-day limitation, races imported that are part of the race card of the Wood Memorial.
end deleteVote: begin deletemajority end deletebegin insert2⁄3end insert.
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:
begin insertSection 12012.77 is added to the end insertbegin insertGovernment
2Codeend insertbegin insert, to read: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. Sec. 1166 to 1168, inclusive, and 25 U.S.C. Sec.
62701 et seq.) between the State of California and the Jamul Indian
7Village of California, executed on August 8, 2016, is hereby
8ratified.
9
(b) (1) In deference to tribal sovereignty, none of the following
10shall be deemed a project for purposes of the California
P3 1Environmental Quality Act (Division 13 (commencing with Section
221000) of the Public Resources Code):
3
(A) The execution of an amendment to the tribal-state gaming
4compact ratified by this section.
5
(B) The execution of the tribal-state gaming compact ratified
6by this section.
7
(C) The execution of an intergovernmental agreement between
8a tribe and a county or city government negotiated pursuant to
9the express authority of, or as expressly referenced in, the
10tribal-state gaming compact ratified by this section.
11
(D) The execution of an intergovernmental agreement between
12a tribe and the Department of Transportation negotiated pursuant
13to the express authority of, or as expressly referenced in, the
14tribal-state gaming compact ratified by this section.
15
(E) The on-reservation impacts of compliance with the terms
16of the tribal-state gaming compact ratified by this section.
17
(F) The sale of
compact assets, as defined in subdivision (a) of
18Section 63048.6, or the creation of the special purpose trust
19established pursuant to Section 63048.65.
20
(2) Except as expressly provided herein, this subdivision does
21not exempt a city, county, or city and county, or the Department
22of Transportation, from the requirements of the California
23Environmental Quality Act.
This act is an urgency statute necessary for the
25immediate preservation of the public peace, health, or safety within
26the meaning of Article IV of the Constitution and shall go into
27immediate effect. The facts constituting the necessity are:
28
In order to enhance the economic development, stability, and
29self-sufficiency of the Jamul Indian Village of California and to
30protect the interests of the tribe and its members, the surrounding
31community, and the California public at the earliest possible time,
32it is necessary that this act take effect immediately.
Section 19596.2 of the Business and Professions
34Code is amended to read:
(a) Notwithstanding any other law and except as
36provided in Section 19596.4, a thoroughbred racing association
37or fair may distribute the audiovisual signal and accept wagers on
38the results of out-of-state thoroughbred races conducted in the
39United States during the calendar period the association or fair is
40conducting a race meeting, including days on which there is no
P4 1live racing being conducted by the association or fair, without the
2consent of the organization that represents horsemen and
3horsewomen participating in the race meeting and without regard
4to the amount of purses. Further, the total number of thoroughbred
5races imported by associations or fairs on a statewide basis under
6this section shall not exceed 50 per day on days when live
7thoroughbred
or fair racing is being conducted in the state. The
8limitation of 50 imported races per day does not apply to any of
9the following:
10(1) Races imported for wagering purposes pursuant to
11subdivision (c).
12(2) Races imported that are part of the race card of the Kentucky
13Derby, the Kentucky Oaks, the Preakness Stakes, the Belmont
14Stakes, the Jockey Club Gold Cup, the Travers Stakes, the
15Arlington Million, the Breeders’ Cup, the Dubai World Cup, the
16Arkansas Derby, the Apple Blossom Handicap, the Haskell
17Invitational, or
the Wood Memorial.
18(3) Races imported into the northern zone when there is no live
19thoroughbred or fair racing being conducted in the northern zone.
20(4) Races imported into the combined central and southern zones
21when there is no live thoroughbred or fair racing being conducted
22in the combined central and southern zones.
23(b) Any thoroughbred association or fair accepting wagers
24pursuant to subdivision (a) shall conduct the wagering in
25accordance with the applicable provisions of Sections 19601,
2619616, 19616.1, and 19616.2.
27(c) No thoroughbred association or fair may accept wagers
28pursuant to this section on out-of-state
races commencing after 7
29p.m., Pacific standard time, without the consent of the harness or
30quarter horse racing association that is then conducting a live racing
31meeting in Orange County or Sacramento County.
O
97