Bill Text: CA SB1295 | 2017-2018 | Regular Session | Amended

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Bill Title: Tribal gaming: compact ratification: Susanville Indian Rancheria.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-04-03 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. [SB1295 Detail]

Download: California-2017-SB1295-Amended.html

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Amended  IN  Senate  April 03, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 1295

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Introduced by Senator Gaines

February 16, 2018

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An act to amend Section 19816 of the Business and Professions Code, relating to gambling. add Section 12012.92 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

SB 1295, as amended, Gaines. California Gambling Control Commission. Tribal gaming: compact ratification: Susanville Indian Rancheria.

(1) 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.

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 amendment to the tribal-state gaming compact entered into between the State of California and the Susanville Indian Rancheria, executed on ____. The bill would provide that, in deference to tribal sovereignty, certain actions may not be deemed projects for purposes of CEQA.

(2) 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. Existing law requires the commission to appoint an executive director to act as the commission’s executive officer. Existing law prohibits a person from being eligible for appointment as executive director or deputy executive director if, within 2 years before appointment, he or she was employed by, retained by, or derived substantial income from a gambling establishment.

This bill would make technical, nonsubstantive changes to that provision.

Digest Key

Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 12012.92 is added to the Government Code, to read:

12012.92.

 (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 Susanville Indian Rancheria, executed on ____, 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, or other state agency, 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.

(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, city and county, the Department of Transportation, or any state agency or local jurisdiction, 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 Susanville Indian Rancheria and to protect the interests of the Rancheria 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 19816 of the Business and Professions Code is amended to read:

19816.

(a)The commission shall have an executive director appointed by the commission. A person is ineligible for appointment as executive director or deputy executive director if, within two years before appointment, the person, or a partnership or corporation in which the person is a principal, was employed by, retained by, or derived substantial income from, a gambling establishment, whether or not a controlled gambling establishment.

(b)The executive director shall receive the annual salary established by the commission and approved by the Department of Human Resources. The executive director is the commission’s executive officer and shall carry out and execute the duties as specified by law and by the commission.

(c)The commission may appoint other staff and clerical personnel as necessary to carry out its duties under this chapter.