Bill Text: CA SB1356 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Tribal gaming: compact ratification.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Passed) 2014-09-09 - Chaptered by Secretary of State. Chapter 314, Statutes of 2014. [SB1356 Detail]

Download: California-2013-SB1356-Amended.html

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BILL NUMBER: SB 1356	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 18, 2014
	AMENDED IN SENATE  APRIL 10, 2014

INTRODUCED BY   Senator  Lieu   De León 
    (   Principal   coauthors:  
Assembly Members   Atkins,   Gatto,   and
Hall   ) 
    (   Coauthors:   Senators  
Anderson,   Correa,   Hueso,   and Lara
  ) 
    (   Coauthors:   Assembly Members 
 Ian Calderon,   Dababneh,   and Roger
Hernández   ) 

                        FEBRUARY 21, 2014

    An act to amend Sections 17801 and 17802 of the Business
and Professions Code, relating to counterfeit goods.  
An act to add Section 1   2012.64 to the Government Code,
relating to tribal gaming, and declaring the urgency thereof, to take
effect immediately. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1356, as amended,  Lieu   De León  .
 Counterfeit goods: abatement: nonresidential premises.
  Tribal gaming: compact ratification.  
   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 Viejas
Band of Kumeyaay Indians, executed on August 12, 2014. The bill would
provide that, in deference to tribal sovereignty, certain actions
related to that amended compact are not projects for purposes of
CEQA.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   (1) Existing law provides that, until January 1, 2015, if a person
is convicted for willfully manufacturing, intentionally selling, or
knowingly possessing for sale any counterfeit mark, then a
nonresidential building or place used by that person for the purpose
of willfully manufacturing, intentionally selling, or knowingly
possessing for sale any counterfeit of a registered mark is a
nuisance that shall be enjoined, abated, and prevented, whether it is
a public or private nuisance, and specified civil remedies may be
applied. A violation of a restraining order or an injunction relative
to a nuisance in this context is a crime. Under existing law, a
district attorney, county counsel, city attorney, or city prosecutor
that maintains an action or actions to enjoin, abate, or prevent a
nuisance pursuant to these provisions was required to report to the
Legislature by October 1, 2013, on their use of the provisions and
their effectiveness.  
   This bill would extend the operation of the provisions described
above until January 1, 2016. By extending the operation of these
provisions, this bill would expand the scope of a crime, as described
above. The bill would also require a district attorney, county
counsel, city attorney, or city prosecutor that maintains an action
to enjoin, abate, or prevent a nuisance pursuant to these provisions
to provide a report to the Senate and Assembly Committees on
Judiciary, as specified, by February 1, 2015.  
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program:  yes
  no .


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

   SECTION 1.    Section 12012.64 is added to the 
 Government Code  , to read:  
   12012.64.  (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 Viejas
Band of Kumeyaay Indians, executed on August 12, 2014, 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 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.
   (F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.
   (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 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 Viejas Band of Kumeyaay Indians and to
protect the interests of the tribe 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 17801 of the Business and
Professions Code is amended to read:
   17801.  A district attorney, county counsel, city attorney, or
city prosecutor that maintains an action or actions to enjoin, abate,
or prevent a nuisance pursuant to the provisions of this chapter
shall report to the Senate and Assembly Committees on Judiciary, by
February 1, 2015, on their use of the provisions of this chapter and
their effectiveness. The report shall include, but not be limited to,
all of the following:
   (a) The frequency of use of the nuisance abatement provisions as
well as statistics on whether the use of the abatement provisions
correlates with a decrease in the use of criminal penalties.
   (b) Any statistics or information concerning the impact of the use
of these provisions on counterfeiting overall, both in the relevant
county or city and overall.  
  SEC. 2.    Section 17802 of the Business and
Professions Code is amended to read:
   17802.  This chapter shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.  
  SEC. 3.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.