Bill Text: CA AB1170 | 2021-2022 | Regular Session | Amended

California Assembly Bill 1170 (Prior Session Legislation)

Bill Title: Tribal gaming: compact ratification.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2021-09-09 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on G.O. [AB1170 Detail]

Download: California-2021-AB1170-Amended.html

Amended IN Senate September 09, 2021

Amended IN Assembly April 05, 2021

Amended IN Assembly March 22, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 1170

Introduced by Assembly Member Bigelow

February 18, 2021

An act to ~~amend Sections 19817 and 19819 of the Business and Professions Code, relating to gambling.~~ add Section 12012.106 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

AB 1170, as amended, Bigelow. ~~Gaming Policy Advisory Committee.~~ Tribal gaming: compact ratification.

The existing federal 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 tribal-state gaming 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.
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 Table Mountain Rancheria, executed on August 10, 2021. The bill would provide that, in deference to tribal sovereignty, certain actions related to this compact are not projects for 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. Existing law requires the commission to establish and appoint a 10-member Gaming Policy Advisory Committee to discuss matters of controlled gambling regulatory policy and any other relevant gambling-related issue. Existing law requires the committee to be composed of representatives of controlled gambling licensees and members of the general public in equal numbers.
~~Existing law requires the commission to maintain a public record of every vote at its principal office.~~
This bill would require the commission to post a public record of every vote on the commission’s internet website no later than the close of business on the 2nd business day after the meeting at which the vote was taken.
~~The bill would make other technical, nonsubstantive changes.~~

Vote: ~~MAJORITY~~2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.

Section 12012.106 is added to the Government Code, to read:

12012.106.
(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 Table Mountain Rancheria, executed on August 10, 2021, is hereby ratified.
(b) (1) In deference to tribal sovereignty, none of the following actions 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 the tribal-state gaming compact ratified by this section.
(B) The execution of an amendment to 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.
(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.

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 California 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 Table Mountain Rancheria, and to protect the interests of the tribe and its members, the surrounding communities, and the California public at the earliest possible time, it is necessary that this act take effect immediately.

SECTION 1.Section 19817 of the Business and Professions Code is amended to read:
19817.
The commission shall establish and appoint a Gaming Policy Advisory Committee of 10 members. The committee shall be composed of five representatives of controlled gambling licensees and five members of the general public. The executive director shall, from time to time, convene the committee for the purpose of discussing matters of controlled gambling regulatory policy and any other relevant gambling-related issue. The recommendations concerning gambling policy made by the committee shall be presented to the commission, but shall be deemed advisory and not binding on the commission in the performance of its duties or functions. The committee shall not advise the commission on Indian gaming.
SEC. 2.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 website no later than the close of business on the second business day after the meeting at which the vote was 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.