Bill Text: CA SB187 | 2015-2016 | Regular Session | Amended

California Senate Bill 187 (Prior Session Legislation)

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

Bill Title: Tribal-gaming: compact ratification.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-12 - Chaptered by Secretary of State. Chapter 306, Statutes of 2016. [SB187 Detail]

Download: California-2015-SB187-Amended.html

BILL NUMBER: SB 187	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 18, 2016
	AMENDED IN SENATE  APRIL 21, 2015

INTRODUCED BY   Senator Hall

                        FEBRUARY 9, 2015

   An act to  amend Section 19596.2 of the Business and
Professions Code, relating to horse racing.   add
Section 12012.77 to the Government Code, relating to tribal gaming,
and declaring the u   rgency thereof, to take effect
immediately. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 187, as amended, Hall.  Horse racing: out-of-state
thoroughbred races: Wood Memorial.   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 to
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 tribal-state gaming compact entered
into between the State of California and the Jamul Indian Village of
California, executed on August 8, 2016. The bill would provide that,
in deference to tribal sovereignty, certain actions are not projects
for the purposes of CEQA.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   The Horse Racing Law authorizes a thoroughbred racing association
or fair to distribute the audiovisual signal and accept wagers on the
results of out-of-state thoroughbred races conducted in the United
States during the calendar period the association or fair is
conducting a race meeting, including days on which there is no live
racing being conducted by the association or fair, without the
consent of the organization that represents horsemen and horsewomen
participating in the race meeting and without regard to the amount of
purses. Under that law, the total number of thoroughbred races
imported by associations or fairs on a statewide basis under these
provisions are required to not exceed 50 per day on days when live
thoroughbred or fair racing is being conducted in the state, with the
exception of prescribed races, including races imported that are
part of the race card of the Kentucky Derby, the Kentucky Oaks, the
Preakness Stakes, the Belmont Stakes, the Jockey Club Gold Cup, the
Travers Stakes, the Arlington Million, the Breeders' Cup, the Dubai
World Cup, the Arkansas Derby, the Apple Blossom Handicap, or the
Haskell Invitational.  
   This bill would also exempt from the 50 imported race-per-day
limitation, races imported that are part of the race card of the Wood
Memorial. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  no   yes  .
State-mandated local program: no.


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

   SECTION 1.    Section 12012.77 is added to the 
 Government Code  , to read:  
   12012.77.  (a) The tribal-state gaming compact entered into in
accordance with the federal Indian Gaming Regulatory Act of 1988 (18
U.S.C. Sec. 1166 to 1168, inclusive, and 25 U.S.C. Sec. 2701 et seq.)
between the State of California and the Jamul Indian Village of
California, executed on August 8, 2016, 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 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 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
tribal-state gaming compact ratified by this section.
   (E) The on-reservation impacts of compliance with the terms of the
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 herein, 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 Jamul Indian Village of California 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 19596.2 of the Business and
Professions Code is amended to read:
   19596.2.  (a) Notwithstanding any other law and except as provided
in Section 19596.4, a thoroughbred racing association or fair may
distribute the audiovisual signal and accept wagers on the results of
out-of-state thoroughbred races conducted in the United States
during the calendar period the association or fair is conducting a
race meeting, including days on which there is no live racing being
conducted by the association or fair, without the consent of the
organization that represents horsemen and horsewomen participating in
the race meeting and without regard to the amount of purses.
Further, the total number of thoroughbred races imported by
associations or fairs on a statewide basis under this section shall
not exceed 50 per day on days when live thoroughbred or fair racing
is being conducted in the state. The limitation of 50 imported races
per day does not apply to any of the following:
   (1) Races imported for wagering purposes pursuant to subdivision
(c).
   (2) Races imported that are part of the race card of the Kentucky
Derby, the Kentucky Oaks, the Preakness Stakes, the Belmont Stakes,
the Jockey Club Gold Cup, the Travers Stakes, the Arlington Million,
the Breeders' Cup, the Dubai World Cup, the Arkansas Derby, the Apple
Blossom Handicap, the Haskell Invitational, or the Wood Memorial.
   (3) Races imported into the northern zone when there is no live
thoroughbred or fair racing being conducted in the northern zone.
   (4) Races imported into the combined central and southern zones
when there is no live thoroughbred or fair racing being conducted in
the combined central and southern zones.
   (b) Any thoroughbred association or fair accepting wagers pursuant
to subdivision (a) shall conduct the wagering in accordance with the
applicable provisions of Sections 19601, 19616, 19616.1, and
19616.2.
   (c) No thoroughbred association or fair may accept wagers pursuant
to this section on out-of-state races commencing after 7 p.m.,
Pacific standard time, without the consent of the harness or quarter
horse racing association that is then conducting a live racing
meeting in Orange County or Sacramento County.