Amended IN Assembly June 16, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 910Introduced by Senator Hurtado(Principal coauthor: Assembly Member Salas)(Coauthors: Senators Caballero and Grove)(Coauthor: Assembly Member Fong)February 02, 2022An act to amend Section 19870 of the Business and Professions Code, relating to gambling. An act to add Section 12012.107 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTSB 910, as amended, Hurtado. Gambling licenses. Tribal gaming: compact ratification.The existing federal 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 tribal-state gaming compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number 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 tribal-state gaming compact entered into between the State of California and the Tejon Indian Tribe. The bill would provide that, in deference to tribal sovereignty, certain actions related to these compacts are not projects for 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. Existing law requires the Department of Justice to investigate any violations of, and to enforce, the act. Existing law requires every person who, either as owner, lessee, or employee, deals, operates, carries on, conducts, maintains, or exposes for play any controlled game, or who receives, directly or indirectly, any compensation or reward, or any percentage or share of the money or property played, for keeping, running, or carrying on any controlled game, to apply for and obtain from the commission a valid state gambling license, key employee license, or work permit. Existing law also authorizes the commission to require certain persons to apply for a finding of suitability, including a person who does business on the premises of a licensed gambling establishment. Under existing law, if the commission, during a meeting, denies an application, denies approval, or approves with limits, restrictions, or conditions, the action is required to be stayed for a period of 30 days after the meeting, during which time the applicant may request an evidentiary hearing. Under existing law, if the applicant does not file a request for an evidentiary hearing within 30 days, the action of the commission taken at the meeting is final. This bill would extend those time periods from 30 to 60 days.Digest Key Vote: MAJORITY2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12012.107 is added to the Government Code, to read:12012.107. (a) 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 Tejon Indian Tribe, executed on June 13, 2022, 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 the tribal-state gaming compact ratified by this section.(B) The execution of an amendment to 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, or other state agency, 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.(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 Tejon Indian Tribe, and to protect the interests of the tribe and its 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 19870 of the Business and Professions Code is amended to read:19870.(a)The commission, after considering the recommendation of the chief and any other testimony and written comments as may be presented at the meeting, or as may have been submitted in writing to the commission prior to the meeting, may deny the application, grant a license to an applicant who it determines to be qualified to hold the license, or refer the application to an evidentiary hearing.(b)If the commission grants an application for a license or approval, the commission may limit or place restrictions on the license or approval as it may deem necessary in the public interest, consistent with the policies described in this chapter.(c)If, during a meeting, the commission denies an application, denies approval, or approves with limits, restrictions, or conditions, the action shall be stayed for a period of 60 days after the meeting, during which the applicant may request an evidentiary hearing. If the applicant does not file a request for an evidentiary hearing within 60 days, the action of the commission taken at the meeting is final. If the applicant waives the right to hearing and assents to the action of the commission in writing, upon receipt of the waiver by the commission, the action shall no longer be stayed. If the applicant files a timely request for an evidentiary hearing, the action shall be vacated and the application shall be reviewed de novo at the evidentiary hearing.(d)When an application is denied after an evidentiary hearing, the commission shall prepare and file a detailed statement of its reasons for the denial.(e)All proceedings relating to an application at a meeting of the commission or at an evidentiary hearing shall be recorded stenographically or by audio or video recording.(f)A decision of the commission after an evidentiary hearing, denying a license or approval, or imposing any condition or restriction on the grant of a license or approval may be reviewed by petition pursuant to Section 1085 of the Code of Civil Procedure. Section 1094.5 of the Code of Civil Procedure does not apply to any judicial proceeding held to consider that petition, and the court may grant the petition only if the court finds that the action of the commission was arbitrary and capricious, or that the action exceeded the commissions jurisdiction.
Amended IN Assembly June 16, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 910Introduced by Senator Hurtado(Principal coauthor: Assembly Member Salas)(Coauthors: Senators Caballero and Grove)(Coauthor: Assembly Member Fong)February 02, 2022An act to amend Section 19870 of the Business and Professions Code, relating to gambling. An act to add Section 12012.107 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTSB 910, as amended, Hurtado. Gambling licenses. Tribal gaming: compact ratification.The existing federal 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 tribal-state gaming compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number 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 tribal-state gaming compact entered into between the State of California and the Tejon Indian Tribe. The bill would provide that, in deference to tribal sovereignty, certain actions related to these compacts are not projects for 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. Existing law requires the Department of Justice to investigate any violations of, and to enforce, the act. Existing law requires every person who, either as owner, lessee, or employee, deals, operates, carries on, conducts, maintains, or exposes for play any controlled game, or who receives, directly or indirectly, any compensation or reward, or any percentage or share of the money or property played, for keeping, running, or carrying on any controlled game, to apply for and obtain from the commission a valid state gambling license, key employee license, or work permit. Existing law also authorizes the commission to require certain persons to apply for a finding of suitability, including a person who does business on the premises of a licensed gambling establishment. Under existing law, if the commission, during a meeting, denies an application, denies approval, or approves with limits, restrictions, or conditions, the action is required to be stayed for a period of 30 days after the meeting, during which time the applicant may request an evidentiary hearing. Under existing law, if the applicant does not file a request for an evidentiary hearing within 30 days, the action of the commission taken at the meeting is final. This bill would extend those time periods from 30 to 60 days.Digest Key Vote: MAJORITY2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly June 16, 2022
Amended IN Assembly June 16, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 910
Introduced by Senator Hurtado(Principal coauthor: Assembly Member Salas)(Coauthors: Senators Caballero and Grove)(Coauthor: Assembly Member Fong)February 02, 2022
Introduced by Senator Hurtado(Principal coauthor: Assembly Member Salas)(Coauthors: Senators Caballero and Grove)(Coauthor: Assembly Member Fong)
February 02, 2022
An act to amend Section 19870 of the Business and Professions Code, relating to gambling. An act to add Section 12012.107 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
SB 910, as amended, Hurtado. Gambling licenses. Tribal gaming: compact ratification.
The existing federal 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 tribal-state gaming compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number 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 tribal-state gaming compact entered into between the State of California and the Tejon Indian Tribe. The bill would provide that, in deference to tribal sovereignty, certain actions related to these compacts are not projects for 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. Existing law requires the Department of Justice to investigate any violations of, and to enforce, the act. Existing law requires every person who, either as owner, lessee, or employee, deals, operates, carries on, conducts, maintains, or exposes for play any controlled game, or who receives, directly or indirectly, any compensation or reward, or any percentage or share of the money or property played, for keeping, running, or carrying on any controlled game, to apply for and obtain from the commission a valid state gambling license, key employee license, or work permit. Existing law also authorizes the commission to require certain persons to apply for a finding of suitability, including a person who does business on the premises of a licensed gambling establishment. Under existing law, if the commission, during a meeting, denies an application, denies approval, or approves with limits, restrictions, or conditions, the action is required to be stayed for a period of 30 days after the meeting, during which time the applicant may request an evidentiary hearing. Under existing law, if the applicant does not file a request for an evidentiary hearing within 30 days, the action of the commission taken at the meeting is final. This bill would extend those time periods from 30 to 60 days.
The existing federal 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 tribal-state gaming compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number 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 tribal-state gaming compact entered into between the State of California and the Tejon Indian Tribe. The bill would provide that, in deference to tribal sovereignty, certain actions related to these compacts are not projects for 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. Existing law requires the Department of Justice to investigate any violations of, and to enforce, the act. Existing law requires every person who, either as owner, lessee, or employee, deals, operates, carries on, conducts, maintains, or exposes for play any controlled game, or who receives, directly or indirectly, any compensation or reward, or any percentage or share of the money or property played, for keeping, running, or carrying on any controlled game, to apply for and obtain from the commission a valid state gambling license, key employee license, or work permit. Existing law also authorizes the commission to require certain persons to apply for a finding of suitability, including a person who does business on the premises of a licensed gambling establishment.
Under existing law, if the commission, during a meeting, denies an application, denies approval, or approves with limits, restrictions, or conditions, the action is required to be stayed for a period of 30 days after the meeting, during which time the applicant may request an evidentiary hearing. Under existing law, if the applicant does not file a request for an evidentiary hearing within 30 days, the action of the commission taken at the meeting is final.
This bill would extend those time periods from 30 to 60 days.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 12012.107 is added to the Government Code, to read:12012.107. (a) 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 Tejon Indian Tribe, executed on June 13, 2022, 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 the tribal-state gaming compact ratified by this section.(B) The execution of an amendment to 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, or other state agency, 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.(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 Tejon Indian Tribe, and to protect the interests of the tribe and its 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 19870 of the Business and Professions Code is amended to read:19870.(a)The commission, after considering the recommendation of the chief and any other testimony and written comments as may be presented at the meeting, or as may have been submitted in writing to the commission prior to the meeting, may deny the application, grant a license to an applicant who it determines to be qualified to hold the license, or refer the application to an evidentiary hearing.(b)If the commission grants an application for a license or approval, the commission may limit or place restrictions on the license or approval as it may deem necessary in the public interest, consistent with the policies described in this chapter.(c)If, during a meeting, the commission denies an application, denies approval, or approves with limits, restrictions, or conditions, the action shall be stayed for a period of 60 days after the meeting, during which the applicant may request an evidentiary hearing. If the applicant does not file a request for an evidentiary hearing within 60 days, the action of the commission taken at the meeting is final. If the applicant waives the right to hearing and assents to the action of the commission in writing, upon receipt of the waiver by the commission, the action shall no longer be stayed. If the applicant files a timely request for an evidentiary hearing, the action shall be vacated and the application shall be reviewed de novo at the evidentiary hearing.(d)When an application is denied after an evidentiary hearing, the commission shall prepare and file a detailed statement of its reasons for the denial.(e)All proceedings relating to an application at a meeting of the commission or at an evidentiary hearing shall be recorded stenographically or by audio or video recording.(f)A decision of the commission after an evidentiary hearing, denying a license or approval, or imposing any condition or restriction on the grant of a license or approval may be reviewed by petition pursuant to Section 1085 of the Code of Civil Procedure. Section 1094.5 of the Code of Civil Procedure does not apply to any judicial proceeding held to consider that petition, and the court may grant the petition only if the court finds that the action of the commission was arbitrary and capricious, or that the action exceeded the commissions jurisdiction.
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 12012.107 is added to the Government Code, to read:12012.107. (a) 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 Tejon Indian Tribe, executed on June 13, 2022, 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 the tribal-state gaming compact ratified by this section.(B) The execution of an amendment to 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, or other state agency, 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.(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.
SECTION 1. Section 12012.107 is added to the Government Code, to read:
### SECTION 1.
12012.107. (a) 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 Tejon Indian Tribe, executed on June 13, 2022, 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 the tribal-state gaming compact ratified by this section.(B) The execution of an amendment to 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, or other state agency, 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.(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.
12012.107. (a) 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 Tejon Indian Tribe, executed on June 13, 2022, 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 the tribal-state gaming compact ratified by this section.(B) The execution of an amendment to 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, or other state agency, 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.(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.
12012.107. (a) 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 Tejon Indian Tribe, executed on June 13, 2022, 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 the tribal-state gaming compact ratified by this section.(B) The execution of an amendment to 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, or other state agency, 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.(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.
12012.107. (a) 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 Tejon Indian Tribe, executed on June 13, 2022, 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 the tribal-state gaming compact ratified by this section.
(B) The execution of an amendment to 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, or other state agency, 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.
(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 Tejon Indian Tribe, and to protect the interests of the tribe and its members, the surrounding communities, 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 Tejon Indian Tribe, and to protect the interests of the tribe and its members, the surrounding communities, 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 Tejon Indian Tribe, and to protect the interests of the tribe and its members, the surrounding communities, and the California public at the earliest possible time, it is necessary that this act take effect immediately.
(a)The commission, after considering the recommendation of the chief and any other testimony and written comments as may be presented at the meeting, or as may have been submitted in writing to the commission prior to the meeting, may deny the application, grant a license to an applicant who it determines to be qualified to hold the license, or refer the application to an evidentiary hearing.
(b)If the commission grants an application for a license or approval, the commission may limit or place restrictions on the license or approval as it may deem necessary in the public interest, consistent with the policies described in this chapter.
(c)If, during a meeting, the commission denies an application, denies approval, or approves with limits, restrictions, or conditions, the action shall be stayed for a period of 60 days after the meeting, during which the applicant may request an evidentiary hearing. If the applicant does not file a request for an evidentiary hearing within 60 days, the action of the commission taken at the meeting is final. If the applicant waives the right to hearing and assents to the action of the commission in writing, upon receipt of the waiver by the commission, the action shall no longer be stayed. If the applicant files a timely request for an evidentiary hearing, the action shall be vacated and the application shall be reviewed de novo at the evidentiary hearing.
(d)When an application is denied after an evidentiary hearing, the commission shall prepare and file a detailed statement of its reasons for the denial.
(e)All proceedings relating to an application at a meeting of the commission or at an evidentiary hearing shall be recorded stenographically or by audio or video recording.
(f)A decision of the commission after an evidentiary hearing, denying a license or approval, or imposing any condition or restriction on the grant of a license or approval may be reviewed by petition pursuant to Section 1085 of the Code of Civil Procedure. Section 1094.5 of the Code of Civil Procedure does not apply to any judicial proceeding held to consider that petition, and the court may grant the petition only if the court finds that the action of the commission was arbitrary and capricious, or that the action exceeded the commissions jurisdiction.