2011 Legislation
Bills Passed and Signed into Law by the Governor
Gambling control: sale or lease of licensee property. AB 156 (Lara) Existing law establishes the California Gambling Control Commission, prescribes the requirements for obtaining a gambling license, and defines a gambling establishment or licensed premises for these purposes. Existing law prohibits a contract for the sale or lease of real or personal property that requires the approval or licensing of the transferee by the commission from specifying a closing date earlier than 90 days after the submission of the completed application for approval or licensing to the commission. This bill instead prohibits a contract for the sale or lease of real or personal property from specifying a closing date that is prior to that approval or licensing by the commission. The bill also requires a contract for the sale of a gambling enterprise to state whether any outstanding gaming chips from the seller will be honored by the purchaser, and to specify whether the purchaser or the seller will redeem outstanding gaming chips, as specified. The bill requires the seller to post a notice of the pending sale to permit redemption of gaming chips. The bill would require the Department of Justice to oversee the redemption of the chips. Existing law requires the department to approve the play of any controlled game, including, but not limited to, placing restrictions and limitations on how a controlled game is played. This bill provides that a gambling enterprise that conducts play of a controlled game that has been approved by the department, but is later found to be unlawful, has an absolute defense to any criminal, administrative, or civil action provided the game was being played in the manner approved during the time for which it was approved, and play ceases upon notice that the game has been found unlawful. Location: This bill has been chaptered by the Secretary of State – Chapter 391, Statutes of 2011.
Gambling: moratorium. AB 241 (Hall) Existing law regulates legal gambling in California and prohibits, until January 1, 2015, the governing body and the electors of a county, city, or city and county from authorizing or expanding any legal gaming beyond that permitted on January 1, 1996. Additionally, the commission is prohibited, until January 1, 2015, from issuing a gambling license for a gambling establishment that was not licensed to operate on December 31, 1999, except as specified. This bill would extend the operation of these provisions to January 1, 2020. Location: This bill has been chaptered by the Secretary of State – Chapter 316, Statutes of 2011.
Tribal gaming: compact ratification. AB 1020 (Chesbro) Existing federal law, the Indian Gaming Regulatory Act, 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 ratified the tribal-state gaming compact entered into between the State of California and the Habematolel Pomo of Upper Lake, executed on September 2, 2009, but which that compact was later rejected by the federal Bureau of Indian Affairs. 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, 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 repeals the ratification of the tribal-state gaming compact entered into between the State of California and the Habematolel Pomo of Upper Lake, executed on September 2, 2009, and would ratify a new tribal-state gaming compact entered into between the State of California and the Habematolel Pomo of Upper Lake, executed on March 17, 2011. The bill provides that, in deference to tribal sovereignty, certain actions may not be deemed projects for purposes of the CEQA. By imposing additional duties on a lead agency with regard to the implementation of CEQA requirements, this bill would increase the service provided by a local agency, thereby creating a state-mandated local program. 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 provides that no reimbursement is required by this act for a specified reason. This bill declares that it is to take effect immediately as an urgency statute. Location: This bill has been chaptered by the Secretary of State – Chapter 27, Statutes of 2011.
Satellite wagering: minisatellite facilities. SB 305 (Calderon) Existing law generally regulates horse racing, including satellite wagering on horse races. Existing law authorizes the California Horse Racing Board to authorize certain fairs and racing associations to operate satellite wagering facilities. Existing law authorizes the board to approve minisatellite wagering sites, as defined, under specified conditions. Existing law directs the board to license a minisatellite facility for a period of 2 years. This bill, instead, directs the Board to license a minisatellite facility for a period of up to 5 years. Location: This bill has been chaptered by the Secretary of State – Chapter 334, Statutes of 2011.
Joint powers agreements: public agency: federally recognized Indian tribe. AB 307 (Nestande) Existing law authorizes 2 or more public agencies to enter into an agreement to exercise common powers. Existing law also permits certain federally recognized Indian tribes to enter into joint powers agreements with particular parties and for limited purposes. This bill includes a federally recognized Indian tribe as a public agency that may enter into a joint powers agreement. This bill also makes conforming changes by repealing now redundant code sections. This bill prohibits any joint powers authority that includes a federally recognized Indian tribe from authorizing or issuing bonds pursuant to the Marks-Roos Local Bond Pooling Act of 1985 unless the public improvements to be funded by the bonds will be owned and maintained by the authority or one or more of its public agency members, and the revenue streams pledged to repay the bonds derive from the authority or one or more of its public agency members. Location: This bill has been chaptered by the Secretary of State – Chapter 226, Statutes of 2011.
Joint powers agreement: public agencies. AB 798 (Chesbro) Existing law authorizes the Elk Valley Rancheria Tribal Council, as the governing body of the Elk Valley Rancheria, California, a federally recognized Indian tribe, to enter into a joint powers agreement with the County of Del Norte and the City of Crescent City, or both, and deems that joint powers agency to be a public agency for this purpose. Existing law also prohibits the joint powers authority from authorizing or issuing bonds pursuant to the Marks-Roos Local Bond Pooling Act of 1985, unless the funded public improvements will be owned and maintained by the authority or one or more public agency members and the revenue streams pledged to repay the bonds derived from the authority or one or more of its public agency members. This bill provides that the Smith River Rancheria Tribal Council may enter into a joint powers agreement with the County of Del Norte, the City of Crescent City, or both, and is a public agency for purposes of the law relating to joint powers agencies, and extends the prohibition against issuing bonds for public improvements except under specified circumstances to this authority. Location: This bill has been chaptered by the Secretary of State – Chapter 85, Statutes of 2011.
Bills that Failed Passage this Season
Human remains: hydrolysis. AB 4 (Miller) Under existing law, the Cemetery and Funeral Bureau licenses and regulates crematoria and various professions relating to the disposition of human remains. Violation of these provisions is a misdemeanor. This bill requires the Bureau to license and regulate hydrolysis facilities and hydrolysis facility managers, and enacts requirements similar to those applicable to crematoria. By expanding the definition of crimes relating to the disposition of human remains and creating new crimes, this bill imposes a state-mandated local program.
Public postsecondary education: Native American Linguistic Institute. AB 404 (Gatto)Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in the State. This bill requires the Trustees of the California State University to establish, at the Humbolt State University campus, a Native American Linguistic Institute, with specified duties, to preserve Native American tribal languages. The bill establishes the California Native American Language Preservation Fund in the State Treasury for the acceptance of private donations, to be administered by the California State University and made available upon appropriation by the Legislature, to facilitate statewide efforts to preserve Native American languages. The bill also makes various findings and declarations regarding Native American language preservation.
Marine protected areas: California Native American tribes. AB 787 (Chesbro) The Marine Life Protection Act (MLPA) establishes the Marine Life Protection Program to reexamine and redesign California’s marine protected area system. Existing law requires the Department of Fish and Game to prepare, and the Fish and Game Commission to adopt, a master plan that guides the adoption and implementation of the program, including recommended alternative networks of marine protected areas. Under the MLPA, the taking of a marine species in a marine life reserve, a type of marine protected area, is prohibited for any purpose, including recreational and commercial fishing, except as authorized by the commission for scientific purposes. This bill requires the Commission, notwithstanding existing restrictions and allowable uses, to permit California Native American tribe members to continue fishing and gathering practices for traditional religious, ceremonial, and cultural purposes within a marine protected area, subject to applicable tribal and federal environmental laws.
Vacuum or suction dredge equipment. SB 657 (Gaines) The California Environmental Quality Act requires a lead agency to prepare, or cause to be prepared by contract, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment, or to adopt a negative declaration if it finds that the project will not have that effect. The act exempts from its provisions, among other things, certain types of ministerial projects proposed to be carried out or approved by public agencies, and emergency repairs to public service facilities necessary to maintain service. Existing law prohibits the use of any vacuum or suction dredge equipment by any person in any river, stream, or lake of this state without a permit issued by the Department of Fish and Game. Existing law designates the issuance of permits to operate vacuum or suction dredge equipment to be a project under the California Environmental Quality Act, and suspends the issuance of permits, and mining pursuant to a permit, until the department has completed an environmental impact report for the project as ordered by the court in a specified court action. Existing law prohibits the use of any vacuum or suction dredge equipment in any river, stream, or lake, for instream mining purposes, until the director of the department certifies to the Secretary of State that (1) the department has completed the environmental review of its existing vacuum or suction dredge equipment regulations as ordered by the court, (2) the department has transmitted for filing with the Secretary of State a certified copy of new regulations, as necessary, and (3) the new regulations are operative. This bill repeals the prohibition on the use of vacuum or suction dredge equipment, and would exempt the issuance of permits to operate vacuum or suction dredge equipment from the California Environmental Quality Act until January 1, 2014. The bill requires the department to refund a specified portion of the permit fee paid by a person issued a vacuum or suction dredge equipment permit and subject to the prohibition on the use of vacuum or suction dredge equipment. The bill requires the department, on or before January 1, 2014, to complete an economic impact report on the prohibition on the use of vacuum and suction dredge equipment. This bill declares that it is to take effect immediately as an urgency statute.
Marine protected areas: Native American tribes. SB 770 (Evans) The Marine Life Protection Act (MLPA) establishes the Marine Life Protection Program to reexamine and redesign California's marine protected area system. Existing law requires the Department of Fish and Game to prepare, and the Fish and Game Commission to adopt, a master plan that guides the adoption and implementation of the program, including recommended alternative networks of marine protected areas. Under the MLPA, the taking of a marine species in a marine life reserve, a type of marine protected area, is prohibited for any purpose, including recreational and commercial fishing, except as authorized by the commission for scientific purposes. The Marine Managed Areas Improvement Act (MMAIA) establishes a uniform classification system for state marine managed areas, prescribing 6 classifications for designating managed areas in the marine and estuarine environments, including marine protected areas. Under the MMAIA, "marine protected areas" include a state marine reserve, a state marine park, and a state marine conservation area. The MMAIA prescribes restrictions and allowable uses for each classification, including making it unlawful in a state marine reserve to injure, damage, take, or possess any living, geological, or cultural marine resource, except under a permit or specific authorization from the managing agency for research, restoration, or monitoring purposes. This bill authorizes Native American tribes to submit proposals for comanagement of marine species within marine protected areas that are designated or proposed to be designated under the MMAIA. The bill requires comanagement proposals to include prescribed information, and would require submission of the proposals to the Secretary of the Natural Resources Agency. The bill authorizes the secretary to request additional information before determining that a proposal is complete, and upon receipt of a proposal from the secretary, would require the Director of Fish and Game to consult with the tribe to develop memoranda of understanding or other agreements to, among other things, provide access to the tribe for traditional hunting and gathering and cultural activities. If multiple tribal governments or groups submit proposals to the secretary, the bill would require the secretary to prioritize the proposals for negotiation, as provided.
Solid waste: facilities permit. SB 833 (Vargas) The California Integrated Waste Management Act of 1989 regulates the management of solid waste. The act authorizes that the California Integrated Waste Management Board may designate and certify a local enforcement agency within each county to carry out specified powers and duties, and requires the board and certified local enforcement agencies to perform specified functions with regard to the regulation of solid waste management, including the issuance of solid waste facilities permits. Existing law prohibits the operation of a solid waste facility without a solid waste facilities permit and authorizes an enforcement agency to issue a solid waste facilities permit only if it determines that the permit application is consistent with the requirements of the act. This bill would additionally prohibit an enforcement agency from issuing a solid waste facilities permit, on or after January 1, 2012, if that permit would allow the disposal of solid waste within 500 feet of a river that supplies any aquifer that provides drinking water for more than 50,000 persons, or within 1,000 feet of a site considered to be sacred and of spiritual importance to a federally recognized Indian tribe.
Tribal gaming: local agencies. AB 742 (Nestande) Existing law creates in the State Treasury the Indian Gaming Special Distribution Fund for the receipt and deposit of moneys received by the state from certain Indian tribes pursuant to the terms of gaming compacts entered into with the state. Existing law authorizes moneys in that fund to be used for specified purposes, including for grants for the support of state and local government agencies impacted by tribal government gaming. Existing law, until January 1, 2021, creates a County Tribal Casino Account in the treasury of each county that contains a tribal casino. Existing law requires the Controller to divide the County Tribal Casino Account for each county that has gaming devices that are subject to an obligation to make contributions to the Indian Gaming Special Distribution Fund into a separate account, known as an Individual Tribal Casino Account, for each tribe that operates a casino within the county. Each Individual Tribal Casino Account is required to be funded in proportion to the amount that each individual tribe paid in the prior fiscal year to the Indian Gaming Special Distribution Fund, and used for grants to local agencies impacted by tribal casinos. Existing law establishes an Indian Gaming Local Community Benefit Committee in each county in which gaming is conducted, specifies the composition and responsibilities of that committee, and requires that committee to make the selection of grants from the casino accounts. Among other things, the committee is responsible for establishing all application policies and procedures for grants from the casino accounts. This bill requires each grant application to clearly show how the grant will mitigate the impact of the casino on the grant applicant. Existing law requires every state agency and local government agency to adopt and promulgate a Conflict of Interest Code applicable to enumerated positions within the agency and designated employees. This bill requires each Indian Gaming Local Community Benefit Committee to adopt and approve a Conflict of Interest Code pursuant to these provisions. The bill requires any existing Conflict of Interest Code to be reviewed and amended as necessary to bring it into compliance with these requirements. By increasing the duties of local government entities, this bill imposes a state-mandated local program. 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 provides that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Indian Gaming Special Distribution Fund. AB 1039 (Perea) Existing law creates in the State Treasury the Indian Gaming Special Distribution Fund for the receipt and deposit of moneys received by the state from certain Indian tribes pursuant to the terms of gaming compacts entered into with the state. Existing law authorizes moneys in that fund to be used for specified purposes, including for grants for the support of state and local government agencies impacted by tribal government gaming. Existing law declares the intent of the Legislature to establish a fair and proportionate system to award those grants. This bill declares the Legislature’s intent to establish a fair and proportionate system to annually award those grants.
Internet poker. SB 40 (Correa) The Gambling Control Act provides for the licensure of certain individuals and establishments that conduct controlled games and for the regulation of these gambling activities by the California Gambling Control Commission. Existing law provides for the enforcement of those regulations by the Department of Justice. Any violation of these provisions is punishable as a misdemeanor. This bill establishes a framework to authorize intrastate Internet poker. The bill requires the Department to adopt regulations, in consultation with the CGCC, governing the intrastate play of poker games on the Internet, and provides for a licensed entity to operate an intrastate Internet poker website. The bill makes it a misdemeanor for any person or entity to offer or participate in any form of illegal Internet gambling or to process any financial transaction arising out of participation in illegal Internet gambling. The bill authorizes the seizure of any money or property used in or derived from illegal Internet gambling and provides for any money or property that has been seized to be forfeited to the Internet Gambling Fund, as established by this bill.
Internet gambling. SB 45 (Wright) The Gambling Control Act provides for the licensure of certain individuals and establishments that conduct controlled games and for the regulation of these gambling activities by the California Gambling Control Commission. Existing law provides for the enforcement of those regulations by the Department of Justice. Any violation of these provisions is punishable as a misdemeanor. This bill establishes a framework to authorize intrastate Internet gambling. This bill requires the Department to issue a request for proposals to enter into contracts with up to 3 hub operators to provide lawful Internet gambling games to registered players in California for a period of 20 years. This bill provides that it would be a misdemeanor for any person to offer or play any gambling game provided over the Internet that is not authorized by the state pursuant to this bill. The bill requires a hub operator to remit an agreed-upon percentage, but no less than 10%, of its gross revenues to the Treasurer on a monthly basis. The bill creates the Internet Gambling Fund which would be administered by the Controller subject to annual appropriation by the Legislature, and which would not be subject to the formulas established by statute directing expenditures from the General Fund, for appropriation by the Legislature to state agencies.
California Gambling Control Commission: Gaming Policy Advisory Committee. AB 1290 (Lara) Existing law establishes the California Gambling Control Commission and requires the commission to establish a Gaming Policy Advisory Committee composed of representatives of controlled gambling licensees and members of the general public. Existing law requires the executive director of the commission to convene this advisory committee, from time to time, for the purpose of discussing recommended controlled gambling regulatory policy. This bill requires the advisory committee to meet at least twice a year and would require the commission to consult with the committee on recommended proposed regulations.
Internet poker. SB 40 (Correa) The Gambling Control Act provides for the licensure of certain individuals and establishments that conduct controlled games and for the regulation of these gambling activities by the California Gambling Control Commission. Existing law provides for the enforcement of those regulations by the Department of Justice. Any violation of these provisions is punishable as a misdemeanor. This bill establishes a framework to authorize intrastate Internet poker. The bill requires the Department to adopt regulations, in consultation with the CGCC, governing the intrastate play of poker games on the Internet, and provides for a licensed entity to operate an intrastate Internet poker website. The bill makes it a misdemeanor for any person or entity to offer or participate in any form of illegal Internet gambling or to process any financial transaction arising out of participation in illegal Internet gambling. The bill authorizes the seizure of any money or property used in or derived from illegal Internet gambling and provides for any money or property that has been seized to be forfeited to the Internet Gambling Fund, as established by this bill.
Internet gambling. SB 45 (Wright) The Gambling Control Act provides for the licensure of certain individuals and establishments that conduct controlled games and for the regulation of these gambling activities by the California Gambling Control Commission. Existing law provides for the enforcement of those regulations by the Department of Justice. Any violation of these provisions is punishable as a misdemeanor. This bill establishes a framework to authorize intrastate Internet gambling. This bill requires the Department to issue a request for proposals to enter into contracts with up to 3 hub operators to provide lawful Internet gambling games to registered players in California for a period of 20 years. This bill provides that it would be a misdemeanor for any person to offer or play any gambling game provided over the Internet that is not authorized by the state pursuant to this bill. The bill requires a hub operator to remit an agreed-upon percentage, but no less than 10%, of its gross revenues to the Treasurer on a monthly basis. The bill creates the Internet Gambling Fund which would be administered by the Controller subject to annual appropriation by the Legislature, and which would not be subject to the formulas established by statute directing expenditures from the General Fund, for appropriation by the Legislature to state agencies.
California Gambling Control Commission: Gaming Policy Advisory Committee. SB 162 (Anderson) Existing law establishes the California Gambling Control Commission and requires the Commission to establish a Gaming Policy Advisory Committee composed of representatives of controlled gambling licensees and members of the general public. Existing law requires the executive director of the Commission to convene this advisory committee, from time to time, for the purpose of discussing recommended controlled gambling regulatory policy. This bill requires the advisory committee to meet at least twice a year and requires the Commission to consult with the committee on recommended proposed regulations.
Remote caller bingo. SB 340 (Wolk) The California Constitution allows the Legislature, by statute, to authorize cities and counties to provide for bingo games for charitable purposes. Existing law authorizes cities and counties to permit eligible nonprofit organizations to conduct bingo games and remote caller bingo games, for charitable purposes pursuant to an ordinance that allows those games to be conducted in accordance with specified requirements. Existing law sets forth a model ordinance for a city, county, or city and county to authorize remote caller bingo, and prohibits an organization from conducting remote caller bingo more than 2 days per week. Existing law requires an organization authorized to conduct remote caller bingo games to provide at least 30 days’ advance written notice of its intent to conduct a remote caller bingo game. This bill additionally permits a city, county, or city and county to amend an existing local ordinance that allows bingo games to be conducted, by resolution, to permit the conduct of remote caller bingo games pursuant to that ordinance. The bill prohibits an organization from conducting remote caller bingo more than 2 days per week, but would permit an organization to hold one additional game, at its election, in each calendar quarter. The bill requires an organization authorized to conduct remote caller bingo games to provide at least 10 days’ advance written notice of intent to conduct a remote caller bingo game on a form prescribed by the city, county, or city and county, and to provide at least 24 hours’ advance notice if the location of the remote caller bingo game changes. The bill also would repeal the model ordinance. The bill requires the department to maintain a registry on its Internet Web site of all organizations registered to conduct remote caller bingo. The bill authorize the department to charge an annual registration fee of $100 to be deposited into the California Bingo Fund, to cover the actual costs of the department to administer and enforce these provisions, and would authorize the department to adopt regulations.
California Indian tribes: state agencies. AB 968 (Chesbro) Existing law encourages and authorizes all state agencies to cooperate with federally recognized California Indian tribes on matters of economic development and improvement for the tribes. This bill instead requires all state agencies to cooperate with federally recognized California Indian tribes pursuant to these provisions. It also requires every state agency to adopt a policy of communication and consultation with, and require the Governor to meet at least annually with elected officials of, California Indian tribes, regardless of whether a tribe qualifies as a federally recognized California Indian tribe. This bill establishes the position of Native American Advisor on Tribal Issues in the Governor's office, to be a member of a federally recognized California Indian tribe. It requires the advisor to serve as a resource to the Governor and state agencies on issues affecting California Indian tribes and be an advocate on behalf of all California Indian tribes, regardless of whether a tribe qualifies as a federally recognized California Indian tribe.
2010 Legislation
Bills Passed and Signed into Law by the Governor
Archaeological Resources: civil penalties. SB 1034 (Ducheny) Existing law prohibits a person from knowingly and willfully excavating upon, or removing, destroying, injuring, or defacing, any historic or prehistoric ruins, burial grounds, archaeological or vertebrate paleontological site, or any other archaeological, paleontological, or historical feature, situated on public lands. A violation of this prohibition is a misdemeanor, punishable by up to 6 months incounty jail. This bill, instead, makes that violation punishable by a fine not exceeding $10,000, by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment, therebyimposing a state-mandated local program by increasing the term ofimprisonment for such a violation. The bill requires a court to order restitution to the state agency, conservancy, orother instrumentality of the state that has primary management authority over the public lands where the violation occurred orto the city, county, district, or other local agency owning orhaving jurisdiction over the public lands where the violationoccurred. The bill establishes procedures for determining the commercial and archaeological value of those resources and the cost of restoration and repair. The bill continuously appropriates the restitution funds received under these provisions by a state agency for expenditure only for the costs of restoring and repairing the archaeological resources that are the subject of the violation. The bill requires the restitution funds received by a local agency to be expended by that local agency only for the costs of restoring and repairing the archaeological resources that are the subject of the violation. The bill also requires the forfeiture of the archaeological resources that were the subject of the violation and authorize the forfeiture of the vehicles and equipment used in connection with the violation. This bill has been chaptered by the Secretary of State – Chapter 635, Statutes of 2010.
American Indian Education Oversight Committee. AB 2089 (Coto) Existing law provides for the establishment of California American Indian education centers to serve as community-based educational resource centers to American Indian pupils, parents, guardians, and the public schools in order to promote the academic and cultural achievement of the pupils. Existing law provides that the California American Indian Education Center Program will become inoperative on January 1, 2012. This bill instead provides that those provisions regarding the California American Indian education centers will become inoperative and be repealed on January 1, 2017, thereby extending the operation of those provisions by 5 years. Existing law requires the Superintendent of Public Instruction, with input from existing California American Indian education center directors, to appoint an American Indian Education Oversight Committee by January 30, 2007, composed of at least 7 educators, 4 of whom are required to be California American Indian education center directors. Existing law requires the committee to provide input and advice to the Superintendent on all aspects of American Indian education programs established by the state. This bill allows the Superintendent, if he or she is unable to find a qualified individual to fill a vacancy in one of the 4 positions for center directors within 30 days of the vacancy arising, to fill the vacancy with an educator who is not a center director. This bill has been chaptered by the Secretary of State – Chapter 249, Statutes of 2010.
Indian children. AB 2418 (Cook) The federal Indian Child Welfare Act governs the proceedings for determining the placement of an Indian child when that child is removed from the custody of his or her parent or guardian. Existing provisions of state law govern child custody proceedings, adoption proceedings, dependency proceedings, including termination of parental rights, the voluntary relinquishment of a child by a parent, and guardianship proceedings. Existing law recognizes that the Indian Child Welfare Act applies if the subject of these proceedings is or may be an Indian child and specifies conforming procedures in these cases with regard to the right to notice and intervention accorded the child's tribe and the standard of proof applied in evaluating the evidence submitted, among other things. Existing law provides various definitions for these purposes. This bill revises the definition of “Indian child” for purposes of Indian child custody proceedings to include an unmarried person who is over 18 years of age but under 21 years of age and who is either a member of an Indian tribe or eligible for membership in an Indian tribe, as specified. This bill has been chaptered by the Secretary of State – Chapter 468, Statutes of 2010.
California State Lottery. AB 142 (Hayashi) This bill enhances the funding benefit for education through the California State Lottery Act by increasing the prize payouts for specified lottery games. This bill increases the prize payout from 84 percent to 87 percent and reduces administrative expenses of the lottery from 16 percent to 13 percent. This bill has been chaptered by the Secretary of State – Chapter 13, Statutes of 2010.
Local gaming. AB 441 (Hall) Existing law permits a city, county, or city and county to permit controlled gambling, consistent with state law, if a majority of voters affirmatively approve an ordinance so permitting, as specified. Existing law provides that an amendment of an ordinance permitting an increase of 24.99% in the number of gambling tables that may be operated in a gambling establishment in a city, county, or city and county, or 2 tables, whichever is greater, compared to the ordinance in effect on January 1, 1996, may occur without voter approval. Any amendment to a city or county ordinance relating to gambling establishments or the Gambling Control Act is required to be submitted to the Division of Gambling Control for review and comment before the ordinance is adopted by the city or county. This bill, instead, provides that an amendment of an ordinance permitting an increase of 2 tables in the number of gambling tables that may be operated in a gambling establishment in a city, county, or city and county, compared to the ordinance in effect on January 1, 2010, may occur without voter approval. The bill permits a city, county, or city and county to exercise its authority to amend a local gaming ordinance without voter approval pursuant to this provision only one time. This bill has been chaptered by the Secretary of State – Chapter 530, Statutes of 2010.
Slot machines. AB 1753 (Hall) Existing law prohibits the possession and use and certain other acts and transactions of a “slot machine or device.” Violations of these provisions are punishable by varying misdemeanor penalties. This bill increases those misdemeanor penalties, and if the offense involved more than one machine or more than one location, an additional fine would by imposed per machine and per location. The bill provides that the definition of “slot machine or device” includes any machine or device that offers any prize or consideration with a value greater than the price or amount to play the machine or device, regardless of chance, or the skill or knowledge of the operator, and that the definition includes “gambling machine” as defined in federal law. By expanding the scope of, and increasing the penalties for, existing crimes, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. This bill has been chaptered by the Secretary of State – Chapter 577, Statutes of 2010.
Horse Racing: audio or video recording. AB 2201 (Coto) Existing law prohibits a person from furnishing to another person, and from using, an audio or video recording of any quarter horse race occurring in this state for any commercial purpose without permission from the racing association conducting the meeting, the organization representing horsemen and horsewomen participating in the meeting, and the California Horse Racing Board. This bill makes technical, nonsubstantive changes to those provisions. This bill has been chaptered by the Secretary of State – Chapter 253, Statutes of 2010.
Horse Racing. AB 2215 (Fuentes) Current law authorizes advance deposit wagering to be conducted with the approval of the California Horse Racing Board. It also requires the board to develop and adopt rules to license and regulate all phases of operation of advance deposit wagering for advance deposit wagering providers operating in California. This measure authorizes the board to adopt rules and regulations authorizing advance deposit wagering providers to create and administer wagering accounts at facilities located within this state
through which persons may deposit cash funds or vouchers, issue wagering instructions, and withdraw cash funds or vouchers, subject to the approval of racing associations or satellite wagering facilities located within 10 miles of a facility administering those accounts, and the approval of the horsemen's organization responsible for negotiating with the racing associations or satellite wagering facilities. This bill has been chaptered by the Secretary of State – Chapter 255, Statutes of 2010.
Gambling: licenses. AB 2596 (Portantino) The Gambling Control Act provides for the licensure of certain individuals and establishments involved in various gambling activities, and for the regulation of those activities, by the California Gambling Control Commission. Current law provides for the enforcement of those activities by the Department of Justice. Current law also requires that an application for renewal of a license application be filed with the commission no later than 120 days prior to expiration of the current license. This bill allows the commission to assess reasonable late penalties in order to expedite the processing of a renewal application that is not filed in a timely manner. This bill also provides that where a complete renewal application has not been submitted within 30 days of the expiration of the existing license and notice has been given to the licensee, the commission may determine that the license has been abandoned. This bill has been chaptered by the Secretary of State – Chapter 553, Statutes of 2010.
Bingo: remote caller bingo. SB 1090 (Cedillo) The California Constitution allows the Legislature, by statute, to authorize cities and counties to provide for bingo games for charitable purposes. The California Remote Caller Bingo Act permits cities and counties to allow bingo games and remote caller bingo games to be conducted by specified organizations for charitable purposes pursuant to an ordinance that allows those games to be conducted only in accordance with specified requirements. Existing law requires a city, county, or city and county to adopt an ordinance with specified content to authorize remote caller bingo. Existing law requires this ordinance to provide, among other things, that qualified organizations may apply for a license to operate a remote caller bingo, and that a certificate issued by the Franchise Tax Board certifying that the applicant is exempt from the payment of the Bank and Corporation Tax, as specified, must be attached to the application. This bill provides instead that appropriate documentation certifying that the applicant is exempt from the payment of the Bank and Corporation Tax must be attached to the application under the ordinance adopted by a city, county, or city and county to authorize an applicant to operate remote caller bingo. This bill has been chaptered by the Secretary of State – Chapter 514, Statutes of 2010.
Bills Vetoed by the Governor
Gambling: moratorium. AB 2193 (Hall) Existing law regulates legal gambling in California and prohibits, until January 1, 2015, the governing body and the electors of a county, city, or city and county from authorizing or expanding any legal gaming beyond that permitted on January 1, 1996. Additionally, the commission is prohibited, until January 1, 2015, from issuing a gambling license for a gambling establishment that was not licensed to operate on December 31, 1999, except as specified. This bill extends the operation of these provisions to January 1, 2020. This bill was enrolled, but was vetoed by the Governor.
Gambling Control Act: licensing fees. SB 1125 (Florez) The Gambling Control Act provides for the licensure of certain individuals and establishments involved in various gambling activities, and for the regulation of those activities, by the California Gambling Control Commission. Existing law provides for the enforcement of those activities by the Department of Justice. Existing law permits the commission to adopt regulations related to the operation of a gambling establishment. This bill provides that jackpot funds, to which players have made contributions, are held for the benefit of the players and are not the property of the gambling establishment. Existing law requires the department to approve the play of any controlled game, including, but not limited to, placing restrictions and limitations on how a controlled game is played. This bill provides that a gambling establishment that conducts play of a controlled game that has been approved by the department, but is later found to be unlawful, has an absolute defense to any criminal, administrative, or civil action, so long as the game was being played in the manner approved and during the time for which it was approved. This bill has been vetoed by the Governor.
Joint powers agreement: public agencies. AB 2166 (Chesbro) Existing law authorizes the Elk Valley Rancheria Tribal Council to enter into a joint powers agreement with the County of Del Norte and/or the City of Crescent City, and deems that joint powers agency to be a public agency for this purpose. Existing law also prohibits the joint powers authority from authorizing or issuing bonds pursuant to the Marks-Roos Local Bond Pooling Act of 1985, unless the funded public improvements will be owned and maintained by the authority or one or more public agency members and the revenue streams pledged to repay the bonds derived from the authority or one or more of its public agency members. This bill provides that the Smith River Rancheria Tribal Council may enter into a joint powers agreement with the County of Del Norte, the City of Crescent City, or both, and is a public agency for purposes of the law relating to joint powers agencies, and would extend the prohibition against issuing bonds for public improvements except under specified circumstances to this authority. This bill was enrolled, but has been vetoed by the Governor.
