Bill Text: CA SB549 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Gaming: Tribal Declaratory Relief Act of 2023.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2024-01-04 - Re-referred to Com. on G.O. pursuant to Assembly Rule 96. [SB549 Detail]

Download: California-2023-SB549-Amended.html

Amended  IN  Assembly  June 19, 2023
Amended  IN  Senate  March 20, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 549


Introduced by Senator Newman

February 15, 2023


An act to add Section 44274.1 to the Education Code, relating to teacher credentialing. An act to amend Section 19804 of the Business and Professions Code, and to add Chapter 2 (commencing with Section 98020) to Title 16 of the Government Code, relating to gaming.


LEGISLATIVE COUNSEL'S DIGEST


SB 549, as amended, Newman. Teacher credentialing: out-of-state teachers: assessment of other states and territories. Gaming: Tribal Declaratory Relief Act of 2023.
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 prohibits the Legislature from authorizing casinos of the type operating in Nevada and New Jersey and 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 between the State of California and specified Indian tribes.
Existing law, the Gambling Control Act, provides for the regulation, oversight, and licensure of gambling establishments by the California Gambling Control Commission. Existing law prohibits a list of specified gambling games or any banking or percentage game played with cards, dice, or any device, for money, checks, credit, or any representative of value, and provides that any person who offers for play or participates in these games is guilty of a misdemeanor and is punishable as specified. Existing law authorizes gambling establishments to operate controlled games utilizing a player-dealer position, as defined, and to contract with a third party for the provision of proposition player services subject to specified conditions and regulatory requirements.
Existing law generally specifies the persons or entities that may bring a civil action as prescribed for relief.
This bill would authorize a California Indian tribe, under certain conditions, to bring an action to seek a declaration as to whether a controlled game operated by a licensed California card club and banked by a third party proposition player services provider constitutes a banking card game that violates state law and tribal gaming exclusivity under Section 19 of Article IV of the California Constitution and a tribal-state gaming compact or secretarial procedures. The bill would prohibit a claim for money damages, penalties, or attorney’s fees and would require that actions be filed no later than April 1, 2024, as specified.

Existing law requires the Commission on Teacher Credentialing, notwithstanding any other law, to issue 5-year preliminary multiple subject teaching credentials, 5-year preliminary single subject teaching credentials, and 5-year preliminary education specialist credentials to out-of-state prepared teachers who meet specified requirements, including, among others, possession of a baccalaureate degree from a regionally accredited institution of higher education.

Existing law requires the commission to issue clear multiple subject, single subject, or education specialist teaching credentials to applicants who satisfy all of the requirements referenced above, provide verification of 2 or more years of teaching experience, as specified, and documents, in a manner prescribed by the commission, that an applicant has met the state requirements for teaching English learners, as provided.

This bill would require the commission, in an effort to expedite the teaching credential application process for teachers prepared in other states or territories outside of California, to assess the credential standards of other states and territories to identify (1) states and territories and credentials that require a bachelor’s degree from a regionally accredited 4-year institution of higher education and (2) states and territories with teacher induction program standards that are comparable to the teacher induction program standards in California. The bill would require the commission to then recognize those items from those states or territories for purposes of California’s out-of-state prepared teacher requirements, as specified.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 This act shall be known and may be cited as the Tribal Declaratory Relief Act of 2023.

SEC. 2.

 The purpose and intent of the Tribal Declaratory Relief Act of 2023 is to authorize a limited declaratory and injunctive relief action before the California courts to determine whether certain controlled games operated by California card clubs are illegal banking card games or legal controlled games, thereby resolving a decade-long dispute between California tribes and California card clubs concerning the legality of those controlled games and whether they infringe upon exclusive tribal gaming rights.

SEC. 3.

 Section 19804 of the Business and Professions Code is amended to read:

19804.
 (a) In any action for declaratory or injunctive relief, or for relief by way of any extraordinary writ, other than an action initiated pursuant to Section 19932, wherein the construction, application, or enforcement of this chapter, or any regulation adopted pursuant thereto, or any order of the department or the commission issued pursuant thereto, is called into question, a court shall not grant any preliminary or permanent injunction, or any peremptory writ of mandate, certiorari, or prohibition, in connection therewith, except as follows:
(1) Upon proof by clear and convincing evidence that the department or the commission is abusing or threatens to abuse its discretion.
(2) Upon proof by clear and convincing evidence that the department or the commission is exceeding or threatens to exceed its jurisdiction.
(b) No temporary injunction or other provisional order shall issue to restrain, stay, or otherwise interfere with any action by the department or the commission, except upon a finding by the court, based on clear and convincing evidence, that the public interest will not be prejudiced thereby, and, except for preliminary injunctions, no order may be effective for more than 15 calendar days, except by stipulation of the department or commission. No preliminary order may be effective for more than 45 days, except by stipulation of the department or commission.
(c) This section does not relieve a petitioner’s obligation to exhaust administrative remedies.
(d) In an action for relief of any nature wherein the construction, application, or enforcement of this chapter, or any regulation adopted pursuant thereto, or any order of the department or commission issued pursuant thereto, is called into question, the party filing the pleading shall furnish a copy thereof to the department and to the commission. The copy shall be furnished by the party filing the pleading within 10 business days after filing.
(e) This section does not apply to an action for declaratory or injunctive relief authorized by Section 98020 of the Government Code.

SEC. 4.

 Chapter 2 (commencing with Section 98020) is added to Title 16 of the Government Code, to read:
CHAPTER  2. Tribal Declaratory Relief Act of 2023

98020.
 (a) A California Indian tribe that is party to a current ratified tribal-state gaming compact, or that is party to current secretarial procedures pursuant to Chapter 29 of Title 25 of the United States Code, may bring an action in superior court seeking a declaration as to whether a controlled game operated by a licensed California card club and banked by a third-party proposition player services provider constitutes a banking card game that violates state law and tribal gaming exclusivity under Section 19 of Article IV of the California Constitution and a tribal-state gaming compact or secretarial procedures, and may also request injunctive relief.
(b) The court may make a binding declaration in either affirmative or negative form and effect, which shall have the force of a final judgment, and may issue injunctive relief enjoining further operation of the controlled game or grant any other relief the court deems appropriate. No claim for money damages, penalties, or attorney’s fees shall be permitted under this section.
(c) An action under this section shall be filed no later than April 1, 2024, in the Superior Court of California, County of Sacramento.
(d) If multiple actions are commenced under this section, they shall be consolidated for all purposes, including trial to avoid the risk of inconsistent declarations.
(e) Notwithstanding Section 387 of the Code of Civil Procedure, the state, any California Indian tribe that is party to a current ratified tribal-state gaming compact or that is party to current secretarial procedures, any licensed California card club, and any third-party proposition player services provider shall be entitled to intervene as a matter of right in an action commenced under this section.

SECTION 1.Section 44274.1 is added to the Education Code, to read:
44274.1.

(a)In an effort to expedite the teaching credential application process for teachers prepared in other states or territories outside of California, the commission shall assess the credential standards of other states and territories to do both of the following:

(1)Identify states and territories and credentials that require a bachelor’s degree from a regionally accredited four-year institution of higher education.

(2)Identify states and territories with teacher induction program standards that are comparable to the teacher induction program standards in California, as specified in Section 44279.2.

(b)Upon completing the assessments described in subdivision (a), the commission shall do both of the following:

(1)Recognize the states and territories and credentials identified pursuant to paragraph (1) of subdivision (a) of this section as an option for applicants to satisfy the bachelor’s degree requirement specified in paragraph (1) of subdivision (a) of Section 44274.2 for out-of-state prepared teachers.

(2)Recognize the teacher induction programs identified pursuant to paragraph (2) of subdivision (a) as an option for applicants to satisfy the teaching experience requirement specified in subdivision (c) of Section 44274.2 for out-of-state prepared teachers.

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