BILL NUMBER: SB 1313 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 18, 2016
INTRODUCED BY Senator Hall
FEBRUARY 19, 2016
An act to amend Section 19819 of the Business and
Professions Code, relating to gambling. An act to add
Section 12012.78 to the Government Code, relating to tribal gaming,
and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1313, as amended, Hall. Gambling: California Gambling
Control Commission. 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 to
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 Yocha Dehe Wintun
Nation, executed on August 4, 2016. The bill would provide that, in
deference to tribal sovereignty, certain actions are not projects for
the purposes of CEQA.
This bill would declare that it is to take effect immediately as
an urgency statute.
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.
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.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12012.78 is added to the
Government Code , to read:
12012.78. (a) 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 Yocha Dehe Wintun
Nation, executed on August 4, 2016, 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 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 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
tribal-state gaming compact ratified by this section.
(E) The on-reservation impacts of compliance with the terms of the
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 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.
SEC. 2. 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:
In order to enhance the economic development, stability, and
self-sufficiency of the Yocha Dehe Wintun Nation 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.
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.