Amended IN Senate August 24, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1966Introduced by Assembly Member Aguiar-Curry(Principal coauthor: Senator McGuire)January 31, 2018An act to amend Section 19855 of the Business and Professions Code, relating to gambling. An act to add Section 12012.99 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 1966, as amended, Aguiar-Curry. Gambling license: period to file application. 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 amendment to the tribal-state gaming compact entered into between the State of California and the Habematolel Pomo of Upper Lake, executed on August 16, 2018. 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.Existing law, the Gambling Control Act, provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. Existing law requires a person who is required to hold a state license to obtain the license before engaging in the activity or occupying the position with respect to which the license is required, except as specified. Existing law also requires every person who, by order of the commission, is required to apply for a gambling license or a finding of suitability to file an application within 45 calendar days after receipt of the order. Except as otherwise specified, a willful violation of the Gambling Control Act is punishable as a misdemeanor.This bill would require the application described above to be filed within 90 calendar days after receipt of an order of the commission.Digest Key Vote: MAJORITY2/3 Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12012.99 is added to the Government Code, to read:12012.99. (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 Habematolel Pomo of Upper Lake, executed on August 16, 2018, 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.(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 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 Habematolel Pomo of Upper Lake, 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 19855 of the Business and Professions Code is amended to read:19855.Except as otherwise provided by statute or regulation, a person who, by statute or regulation, is required to hold a state license shall obtain the license before engaging in the activity or occupying the position with respect to which the license is required. A person who, by order of the commission, is required to apply for a gambling license or a finding of suitability shall file the application within 90 calendar days after receipt of the order.
Amended IN Senate August 24, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1966Introduced by Assembly Member Aguiar-Curry(Principal coauthor: Senator McGuire)January 31, 2018An act to amend Section 19855 of the Business and Professions Code, relating to gambling. An act to add Section 12012.99 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 1966, as amended, Aguiar-Curry. Gambling license: period to file application. 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 amendment to the tribal-state gaming compact entered into between the State of California and the Habematolel Pomo of Upper Lake, executed on August 16, 2018. 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.Existing law, the Gambling Control Act, provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. Existing law requires a person who is required to hold a state license to obtain the license before engaging in the activity or occupying the position with respect to which the license is required, except as specified. Existing law also requires every person who, by order of the commission, is required to apply for a gambling license or a finding of suitability to file an application within 45 calendar days after receipt of the order. Except as otherwise specified, a willful violation of the Gambling Control Act is punishable as a misdemeanor.This bill would require the application described above to be filed within 90 calendar days after receipt of an order of the commission.Digest Key Vote: MAJORITY2/3 Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Senate August 24, 2018
Amended IN Senate August 24, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 1966
Introduced by Assembly Member Aguiar-Curry(Principal coauthor: Senator McGuire)January 31, 2018
Introduced by Assembly Member Aguiar-Curry(Principal coauthor: Senator McGuire)
January 31, 2018
An act to amend Section 19855 of the Business and Professions Code, relating to gambling. An act to add Section 12012.99 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1966, as amended, Aguiar-Curry. Gambling license: period to file application. 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 amendment to the tribal-state gaming compact entered into between the State of California and the Habematolel Pomo of Upper Lake, executed on August 16, 2018. 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.Existing law, the Gambling Control Act, provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. Existing law requires a person who is required to hold a state license to obtain the license before engaging in the activity or occupying the position with respect to which the license is required, except as specified. Existing law also requires every person who, by order of the commission, is required to apply for a gambling license or a finding of suitability to file an application within 45 calendar days after receipt of the order. Except as otherwise specified, a willful violation of the Gambling Control Act is punishable as a misdemeanor.This bill would require the application described above to be filed within 90 calendar days after receipt of an order of the commission.
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 amendment to the tribal-state gaming compact entered into between the State of California and the Habematolel Pomo of Upper Lake, executed on August 16, 2018. 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.
Existing law, the Gambling Control Act, provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. Existing law requires a person who is required to hold a state license to obtain the license before engaging in the activity or occupying the position with respect to which the license is required, except as specified. Existing law also requires every person who, by order of the commission, is required to apply for a gambling license or a finding of suitability to file an application within 45 calendar days after receipt of the order. Except as otherwise specified, a willful violation of the Gambling Control Act is punishable as a misdemeanor.
This bill would require the application described above to be filed within 90 calendar days after receipt of an order of the commission.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 12012.99 is added to the Government Code, to read:12012.99. (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 Habematolel Pomo of Upper Lake, executed on August 16, 2018, 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.(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 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 Habematolel Pomo of Upper Lake, 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 19855 of the Business and Professions Code is amended to read:19855.Except as otherwise provided by statute or regulation, a person who, by statute or regulation, is required to hold a state license shall obtain the license before engaging in the activity or occupying the position with respect to which the license is required. A person who, by order of the commission, is required to apply for a gambling license or a finding of suitability shall file the application within 90 calendar days after receipt of the order.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 12012.99 is added to the Government Code, to read:12012.99. (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 Habematolel Pomo of Upper Lake, executed on August 16, 2018, 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.(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.
SECTION 1. Section 12012.99 is added to the Government Code, to read:
### SECTION 1.
12012.99. (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 Habematolel Pomo of Upper Lake, executed on August 16, 2018, 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.(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.
12012.99. (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 Habematolel Pomo of Upper Lake, executed on August 16, 2018, 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.(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.
12012.99. (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 Habematolel Pomo of Upper Lake, executed on August 16, 2018, 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.(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.
12012.99. (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 Habematolel Pomo of Upper Lake, executed on August 16, 2018, 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.
(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 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 Habematolel Pomo of Upper Lake, 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.
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 Habematolel Pomo of Upper Lake, 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.
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:
### SEC. 2.
In order to enhance the economic development, stability, and self-sufficiency of the Habematolel Pomo of Upper Lake, 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.
Except as otherwise provided by statute or regulation, a person who, by statute or regulation, is required to hold a state license shall obtain the license before engaging in the activity or occupying the position with respect to which the license is required. A person who, by order of the commission, is required to apply for a gambling license or a finding of suitability shall file the application within 90 calendar days after receipt of the order.