Amended in Assembly June 25, 2015

Senate Bill No. 399

Introduced by Senator Hall

February 25, 2015

An act to amend begin delete Section 19819 of the Business and Professions Code, relating to gambling. end delete begin insert Section 1 of Chapter 651 of the Statutes of 1929, relating to tidelands and submerged lands. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 399, as amended, Hall. begin delete Gambling: California Gambling Control Commission. end delete begin insert Tidelands and submerged lands: City of Los Angeles. end insert

begin insert

Existing law grants to the City of Los Angeles all the right, title, and interest of the State of California in and to all tidelands and submerged lands situated below the line of mean high tide of the Pacific Ocean within the boundaries of the city in trust for certain purposes, including promotion of commerce, navigation, and fishery, and for certain specific uses relating to these purposes. Existing law authorizes the City of Los Angeles to grant franchises and permits on, and leases of, those lands, or any part thereof, for specified purposes and for a term not exceeding 50 years.

end insert begin insert

This bill would authorize the City of Los Angeles to renew a franchise or permit on, or lease of, those lands for those specified purposes for an additional such term or terms.

end insert begin delete

Existing law, the Gambling Control Act, provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. 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. Existing law requires that a public record of every vote of the commission be maintained at its principal office.

end delete begin delete

This bill would additionally require that a public record of every vote of the commission be posted on the commission’s Internet Web site no later than 48 hours after the vote is taken.

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1 of Chapter 651 of the Statutes of 1929,
as amended by Section 1 of Chapter 1130 of the Statutes of 2002,
is amended to read: end insert

Sec. 1.  

There is hereby granted to the City of Los Angeles,
hereinafter called “city,” a municipal corporation of the State of
California, and to its successors, all the right, begin delete title end delete begin insert title, end insert and interest
of the State of California, held by the state by virtue of its
sovereignty, in and to all tidelands and submerged lands, whether
filled or unfilled, situated below the line of mean high tide of the
Pacific Ocean, within the present boundaries of the city, or of any
harbor, estuary, begin delete bay end delete begin insert bay, end insert or inlet within those boundaries, except
as hereinafter provided, to be forever held by the city, and by its
successors, in trust for the following uses and purposes, and upon
the following conditions:

(a) The lands shall be held by the city, and by its successors, in
accordance with the begin delete applicable end delete provisions of this act, for purposes
in connection with, or for the promotion and accommodation of,
commerce, navigation, and fishery, and for those purposes specified
in Section 3 of this act.

(b) Except as otherwise provided in this act, the city, or its
successors, shall not grant, convey, begin delete give or alien end delete begin insert give, or alienate end insert
the lands, or any part thereof, to any individual firm or corporation
for any purpose whatsoever; provided that the city, or its
successors, may grant franchises and permits thereon for limited
begin delete periods, but end delete begin insert terms, end insert not to exceed 50 years, begin insert subject to the right of
renewal by the city for a further such term or terms, end insert for purposes
in connection with, or for the promotion and accommodation of,
commerce, navigation, fishery, and for any purposes specified in
Section 3 of this act, and may lease the lands, or any part thereof
for limited begin delete periods, but end delete begin insert terms, end insert not to exceed 50 years, begin insert subject to
the right of renewal by the city for a further such term, or terms end insert
for any and all purposes which shall not interfere with the trusts
upon which the lands are held by the State of California.

(c) The tide and submerged lands shall be improved by the city
without expense to the state, and any harbor constructed thereon
shall always remain a public harbor for all purposes of commerce
and navigation, and the begin delete State of California end delete begin insert state end insert shall have, at all
times, the right to use, without charge, all wharves, docks, piers,
slips, quays, and other improvements constructed by the city on
the lands, or any part thereof, for any vessel or other watercraft,
or railroad, owned or operated by the begin delete State Of California. end delete begin insert state. end insert

(d) In the management, begin delete conduct end delete begin insert conduct, end insert or operation of any
begin delete such end delete harbor, or of any of the utilities, begin delete structures end delete begin insert structures, end insert or
appliances constructed in connection therewith, no discrimination
in rates, tolls, or charges, or in facilities, for any use or service in
connection therewith shall ever be made, authorized, or permitted
by the city, or by its successors.

There is reserved in the people of the State of California the
absolute right to fish in the waters, with the right of convenient
access to the waters over the lands for those purposes. The grant
herein made shall not include those tidelands or submerged lands
within those certain areas known as the Westgate addition acquired
by the City of Los Angeles by annexation on June 14, 1916, or the
Santa Monica canyon addition acquired by the City of Los Angeles
by annexation on April 28, 1925, or the Venice addition acquired
by the City of Los Angeles by consolidation on November 25,
1925.

begin delete

SECTION 1.  

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 and posted on the commission’s
Internet Web site no later than 48 hours after the vote is taken.

(c) A majority of the membership of the commission is a quorum
of the commission. The concurring vote of three members of the
commission shall be required for any official action of the
commission 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 that 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.

end delete