Bill Text: CA SB399 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Tidelands and submerged lands: City of Los Angeles.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-02 - Chaptered by Secretary of State. Chapter 450, Statutes of 2015. [SB399 Detail]

Download: California-2015-SB399-Amended.html

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BILL NUMBER: SB 399	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 25, 2015

INTRODUCED BY   Senator Hall

                        FEBRUARY 25, 2015

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 399, as amended, Hall.  Gambling: California Gambling
Control Commission.   Tidelands and submerged lands:
City of Los Angeles.  
   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.  
   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.  
   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. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    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: 
  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,  title
  title,  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, 
bay   bay,  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  applicable  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,  give or alien 
 give, or alienate  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  periods, but   terms, 
not to exceed 50 years,  subject to the right of renewal by the
city for a further such term or terms,  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
 periods, but  terms,  not to exceed 50
years,  subject to the right of renewal by the city for a further
such term, or terms  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  State of California   state
 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
 State Of California.   state. 
   (d) In the management,  conduct   conduct,
 or operation of any  such  harbor, or of any
of the utilities,  structures   structures,
 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. 
  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.