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SB-1145 Gambling Control Act.(2023-2024)



Current Version: 03/18/24 - Amended Senate

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SB1145:v98#DOCUMENT

Amended  IN  Senate  March 18, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1145

Introduced by Senator Alvarado-Gil

February 14, 2024

An act to amend Section 12012.111 of the Government Code, relating to tribal gaming. 19819 of the Business and Professions Code, relating to gambling.


LEGISLATIVE COUNSEL'S DIGEST


SB 1145, as amended, Alvarado-Gil. Tribal gaming: compact amendments. Gambling Control Act.
Existing law, the Gambling Control Act, establishes the California Gambling Control Commission, which is responsible for licensing and regulating various gambling activities and establishments. Existing law requires the commission to maintain a public record of every vote at its principal office.
This bill would additionally 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.

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 those 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. Existing law expressly ratifies a number of amendments that were made solely for the purpose of extending the terms of the tribal-state gaming compacts.

This bill would make technical, nonsubstantive changes to these provisions.

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

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


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. 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, which documents that are filed with the commission by the department for the purpose of evaluating the qualifications of an applicant, applicant are exempt from disclosure under Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.

SECTION 1.Section 12012.111 of the Government Code is amended to read:
12012.111.

(a)The following amendments to the tribal-state gaming compacts 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.), which are for the sole purpose of extending the terms of the tribal-state gaming compacts, are hereby ratified:

(1)The amendment between the State of California and the Alturas Indian Rancheria, California, executed on July 10, 2023.

(2)The amendment between the State of California and the Augustine Band of Cahuilla Indians, California, executed on June 7, 2023.

(3)The amendment between the State of California and the Bear River Band of the Rohnerville Rancheria, California, executed on August 15, 2023.

(4)The amendment between the State of California and the Berry Creek Rancheria of Maidu Indians of California, executed on July 26, 2023.

(5)The amendment between the State of California and the Big Sandy Rancheria of Western Mono Indians of California, executed on July 10, 2023.

(6)The amendment between the State of California and the Bishop Paiute Tribe, executed on July 10, 2023.

(7)The amendment between the State of California and the Cachil Dehe Band of Wintun Indians of the Colusa Indian Community of the Colusa Rancheria, California, executed on August 15, 2023.

(8)The amendment between the State of California and the Cahto Tribe of the Laytonville Rancheria, executed on July 10, 2023.

(9)The amendment between the State of California and the Cahuilla Band of Indians, executed on July 10, 2023.

(10)The amendment between the State of California and the Campo Band of Diegueno Mission Indians of the Campo Indian Reservation, California, executed on August 15, 2023.

(11)The amendment between the State of California and the Cher-Ae Heights Indian Community of the Trinidad Rancheria, California, executed on August 15, 2023.

(12)The amendment between the State of California and the Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria, California, executed on August 15, 2023.

(13)The amendment between the State of California and the Ewiiaapaayp Band of Kumeyaay Indians, California, executed on July 26, 2023.

(14)The amendment between the State of California and the Manchester Band of Pomo Indians of the Manchester Rancheria, California, executed on August 15, 2023.

(15)The amendment between the State of California and the Pauma Band of Luiseno Mission Indians of the Pauma & Yuima Reservation, California, executed on July 26, 2023.

(16)The amendment between the State of California and the Picayune Rancheria of Chukchansi Indians of California, executed on July 26, 2023.

(17)The amendment between the State of California and the Pit River Tribe, California, executed on June 7, 2023.

(18)The amendment between the State of California and the Redding Rancheria, California, executed on July 26, 2023.

(19)The amendment between the State of California and the Resighini Rancheria, California, executed on July 26, 2023.

(20)The amendment between the State of California and the Sherwood Valley Rancheria of Pomo Indians of California, executed on July 10, 2023.

(21)The amendment between the State of California and the Soboba Band of Luiseno Indians, California, executed on June 7, 2023.

(22)The amendment between the State of California and the Table Mountain Rancheria, executed on July 10, 2023.

(b)(1)In deference to tribal sovereignty, none of the following are 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 a tribal-state gaming compact ratified by this section.

(B)The execution of an 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, an 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, an amended tribal-state gaming compact ratified by this section.

(E)The on-reservation impacts of compliance with the terms of an 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, or city and county, or the Department of Transportation, or any state agency or local jurisdiction, from the requirements of the California Environmental Quality Act.