Amended  IN  Assembly  August 31, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 771

Introduced by Committee on Governmental Organization (Senators Dodd (Chair), Alvarado-Gil, Archuleta, Ashby, Bradford, Glazer, Jones, Nguyen, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, and Wilk) Senator Dodd
(Coauthors: Senators Bradford, Glazer, Jones, McGuire, Ochoa Bogh, Rubio, and Wilk)
(Coauthor: Assembly Member Ramos)

February 17, 2023

An act to amend add Section 19913 of the Business and Professions 12012.112 to the Government Code, relating to gambling. tribal gaming, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 771, as amended, Committee on Governmental Organization Dodd. Gambling: work permits: suspension. 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 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.
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 compacts entered into between the State of California and the Cahto Tribe of the Laytonville Rancheria, the Ewiiaapaayp Band of Kumeyaay Indians, California, the Manchester Band of Pomo Indians of the Manchester Rancheria, California, the Resighini Rancheria, and the Sherwood Valley Rancheria of Pomo Indians of California. The bill would provide that, in deference to tribal sovereignty, certain actions related to those compacts are not projects for the purposes of CEQA.
This bill would declare that it is to take effect immediately as an urgency statute.

Existing law, the Gambling Control Act, establishes the California Gambling Control Commission, which is responsible for licensing and regulating various gambling activities and establishments. Under existing law, the commission consists of 5 members appointed by the Governor, subject to confirmation by the Senate.

Existing law requires specified employees of a gambling enterprise to apply for and obtain a work permit from the commission or from a city, county, or city and county. Existing law authorizes the commission to issue an order summarily suspending a person’s work permit upon a finding that the suspension is necessary for the immediate preservation of the public peace, health, safety, or general welfare, and provides for a hearing within 30 calendar days of the date of service of the suspension.

This bill would instead provide for a hearing within 28 calendar days.

Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 12012.112 is added to the Government Code, to read:

12012.112.
 (a) The following 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.), are hereby ratified:
(1) The compact between the State of California and the Cahto Tribe of the Laytonville Rancheria, executed on May 23, 2023.
(2) The compact between the State of California and the Ewiiaapaayp Band of Kumeyaay Indians, California, executed on August 2, 2023.
(3) The compact between the State of California and the Manchester Band of Pomo Indians of the Manchester Rancheria, California, executed on May 23, 2023.
(4) The compact between the State of California and the Resighini Rancheria, executed on June 7, 2023.
(5) The compact between the State of California and the Sherwood Valley Rancheria of Pomo Indians of California, executed on May 23, 2023.
(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 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, a 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, a tribal-state gaming compact ratified by this section.
(E) The on-reservation impacts of compliance with the terms of a 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.

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 California 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 Cahto Tribe of the Laytonville Rancheria, the Ewiiaapaayp Band of Kumeyaay Indians, California, the Manchester Band of Pomo Indians of the Manchester Rancheria, California, the Resighini Rancheria, and the Sherwood Valley Rancheria of Pomo Indians of California, and to protect the interests of those tribes and their members, the surrounding communities, and the California public at the earliest possible time, it is necessary that this act take effect immediately.
SECTION 1.Section 19913 of the Business and Professions Code is amended to read:
19913.

(a)The commission may issue an order summarily suspending a person’s work permit, whether issued by a city, county, or city and county, or by the commission, upon a finding that the suspension is necessary for the immediate preservation of the public peace, health, safety, or general welfare. The order is effective when served upon the holder of the permit.

(b)The order of summary suspension shall state facts upon which the finding of necessity for the suspension is based. For the purposes of this section, the order of summary suspension shall be deemed an accusation.

(c)An order of summary suspension shall be signed by at least three members of the commission.

(d)The person whose work permit is summarily suspended has a right to a hearing to commence not more than 28 calendar days from the date of service of the suspension.