BILL NUMBER: AB 673 CHAPTERED
BILL TEXT
CHAPTER 210
FILED WITH SECRETARY OF STATE AUGUST 11, 2003
APPROVED BY GOVERNOR AUGUST 9, 2003
PASSED THE ASSEMBLY JULY 29, 2003
PASSED THE SENATE JULY 27, 2003
AMENDED IN SENATE JULY 27, 2003
INTRODUCED BY Assembly Member Jerome Horton
(Principal coauthor: Senator Burton)
(Coauthors: Assembly Members Cohn and Strickland)
(Coauthor: Senator Hollingsworth)
FEBRUARY 19, 2003
An act to amend Section 12012.85 of, and to add Section 12012.90
to, the Government Code, and to amend Sections 4369, 4369.1, 4369.2,
4369.3, and 4369.4 of, and to repeal Section 4369.5 of, the Welfare
and Institutions Code, relating to gambling, making an appropriation
therefor, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 673, Jerome Horton. Gambling.
(1) Existing law ratifies specified tribal-state gaming compacts.
Existing law also establishes in the State Treasury the Indian Gaming
Special Distribution Fund for the receipt and deposit of gaming
device license fee moneys received by the state from Indian tribes
pursuant to the terms of the tribal-state compacts. Money in that
fund is available for appropriation by the Legislature for various
purposes, including grants to address gambling addiction, grants for
the support of agencies impacted by tribal government gaming, and
compensation for regulatory costs. Existing law also creates in the
State Treasury the Indian Gaming Revenue Sharing Trust Fund for the
receipt and deposit of moneys derived from gaming device license fees
paid by compact tribes. Money in that fund is available to the
California Gambling Control Commission, upon appropriation by the
Legislature, for distribution to noncompact tribes, according to the
terms of the tribal-state gaming compacts.
This bill would also specify that money in the Indian Gaming
Special Distribution Fund may be used to make payment of shortfalls
that may occur in the Indian Gaming Revenue Sharing Trust Fund. The
bill would specify that payment for those shortfalls in the Indian
Gaming Revenue Sharing Trust Fund shall be the priority use of moneys
in the Indian Gaming Special Distribution Fund. The bill would also
establish a mechanism by which funds may be transferred from the
Indian Gaming Distribution Fund to the Indian Gaming Revenue Sharing
Fund pursuant to specified provisions of the tribal-state compacts
and would appropriate the sum of $50,568,787.99 for the purpose of
making payments to eligible Indian tribes for the preceding fiscal
year.
(2) Existing law establishes the Office of Compulsive Gambling in
the State Department of Mental Health. The office is responsible for
developing a compulsive gambling prevention program within the state
that consists of designated components.
This bill instead would rename that office as the Office of
Problem and Pathological Gambling and would establish the office in
the Department of Alcohol and Drug Programs. The bill would revise
designated components of the gambling prevention program, would
require the office to develop a program to support treatment services
for described gamblers, and would require that implementation of
these programs be based upon allocation priorities established by the
Department of Alcohol and Drug Programs and be subject to funding
being appropriated for that purpose.
This bill would modify other provisions relating to the problem
gambling prevention program established under these provisions,
including revising the definition of various terms and revising the
list of state agencies expressly required to coordinate on specified
issues under these provisions. This bill would also give the problem
gambling prevention program first priority for funding appropriated
to the Office of Problem and Pathological Gambling.
(3) The bill would declare that it is to take effect immediately
as an urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12012.85 of the Government Code is amended to
read:
12012.85. There is hereby created in the State Treasury a fund
called the "Indian Gaming Special Distribution Fund" for the receipt
and deposit of moneys received by the state from Indian tribes
pursuant to the terms of tribal-state gaming compacts. These moneys
shall be available for appropriation by the Legislature for the
following purposes:
(a) Grants, including any administrative costs, for programs
designed to address gambling addiction.
(b) Grants, including any administrative costs, for the support of
state and local government agencies impacted by tribal government
gaming.
(c) Compensation for regulatory costs incurred by the State Gaming
Agency and the Department of Justice in connection with the
implementation and administration of tribal-state gaming compacts.
(d) Payment of shortfalls that may occur in the Indian Gaming
Revenue Sharing Trust Fund. This shall be the priority use of moneys
in the Indian Gaming Special Distribution Fund.
(e) Disbursements for the purpose of implementing the terms of
tribal labor relations ordinances promulgated in accordance with the
terms of tribal-state gaming compacts ratified pursuant to Chapter
874 of the Statutes of 1999. No more than 10 percent of the funds
appropriated in the Budget Act of 2000 for implementation of tribal
labor relations ordinances promulgated in accordance with those
compacts shall be expended in the selection of the Tribal Labor
Panel. The Department of Personnel Administration shall consult with
and seek input from the parties prior to any expenditure for
purposes of selecting the Tribal Labor Panel. Other than the cost of
selecting the Tribal Labor Panel, there shall be no further
disbursements until the Tribal Labor Panel, which is selected by
mutual agreement of the parties, is in place.
(f) Any other purpose specified by law.
SEC. 2. Section 12012.90 is added to the Government Code, to read:
12012.90. (a) (1) For each fiscal year commencing with the
2002-03 fiscal year, the California Gambling Control Commission shall
determine the aggregate amount of shortfalls in payments that
occurred in the Indian Gaming Revenue Sharing Trust Fund pursuant to
Section 4.3.2.1 of the tribal-state gaming compacts ratified and in
effect as provided in subdivision (f) of Section 19 of Article IV of
the California Constitution as determined below:
(A) For each eligible recipient Indian tribe that received money
for all four quarters of the fiscal year, the difference between one
million one hundred thousand dollars ($1,100,000) and the actual
amount paid to each eligible recipient Indian tribe during the fiscal
year from the Indian Gaming Revenue Sharing Trust Fund.
(B) For each eligible recipient Indian tribe that received moneys
for less than four quarters of the fiscal year, the difference
between two hundred seventy-five thousand dollars ($275,000) for each
quarter in the fiscal year that a recipient Indian tribe was
eligible to receive moneys and the actual amount paid to each
eligible recipient Indian tribe during the fiscal year from the
Indian Gaming Revenue Sharing Trust Fund.
(2) For purposes of this section, "eligible recipient Indian tribe"
means a noncompact tribe, as defined in Section 4.3.2(a)(i) of the
tribal-state gaming compacts ratified and in effect as provided in
subdivision (f) of Section 19 of Article IV of the California
Constitution.
(b) Upon authorizing the final payment for each fiscal year from
the Indian Gaming Revenue Sharing Trust Fund, the California Gambling
Control Commission shall report the amount of the deficiency
determined pursuant to subdivision (a) to the committee in the Senate
and Assembly that considers the State Budget.
(c) Upon a transfer of moneys from the Indian Gaming Special
Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund and
appropriation from the trust fund, the California Gambling Control
Commission shall distribute the moneys without delay to eligible
recipient Indian tribes for each quarter that a tribe was eligible to
receive a distribution during the fiscal year immediately preceding.
SEC. 3. Section 4369 of the Welfare and Institutions Code is
amended to read:
4369. There is within the State Department of Alcohol and Drug
Programs, the Office of Problem and Pathological Gambling.
SEC. 4. Section 4369.1 of the Welfare and Institutions Code is
amended to read:
4369.1. As used in this chapter, the following definitions shall
apply:
(a) "Department" means the State Department of Alcohol and Drug
Programs.
(b) "Office" means the Office of Problem and Pathological
Gambling.
(c) "Pathological gambling disorder" means a progressive mental
disorder meeting the diagnostic criteria set forth by the American
Psychiatric Association's Diagnostic and Statistical Manual, Fourth
Edition.
(d) "Problem gambling" means participation in any form of gambling
to the extent that it creates a negative consequence to the gambler,
the gambler's family, place of employment, or community. This
includes patterns of gambling and subsequent related behaviors that
compromise, disrupt, or damage personal, family, educational,
financial, or vocational interests. The problem gambler does not
meet the diagnostic criteria for pathological gambling disorder.
(e) "Problem gambling prevention programs" means programs designed
to reduce the prevalence of problem and pathological gambling among
California residents. These programs shall include, but are not
limited to, public education and awareness, outreach to high-risk
populations, early identification and responsible gambling programs.
SEC. 5. Section 4369.2 of the Welfare and Institutions Code is
amended to read:
4369.2. (a) The office shall develop a problem gambling
prevention program, which shall be the first priority for funding
appropriated to this office. The prevention program shall be based
upon the allocation priorities established by the department and
subject to funding being appropriated for the purpose of this
subdivision, and shall consist of all of the following:
(1) A toll-free telephone service for immediate crisis management
and containment with subsequent referral of problem and pathological
gamblers to health providers who can provide treatment for gambling
related problems and to self-help groups.
(2) Public awareness campaigns that focus on prevention and
education among the general public including, for example,
dissemination of youth oriented preventive literature, educational
experiences, and public service announcements in the media.
(3) Empirically driven research programs focusing on
epidemiology/prevalence, etiology/causation, and best practices in
prevention and treatment.
(4) Training of health care professionals and educators, and
training for law enforcement agencies and nonprofit organizations in
the identification of problem gambling behavior and knowledge of
referral services and treatment programs.
(5) Training of gambling industry personnel in identifying
customers at risk for problem and pathological gambling and knowledge
of referral and treatment services.
(b) The office shall develop a program to support treatment
services for California residents with problem and pathological
gambling issues. The program shall be based upon the allocation
priorities established by the department and subject to funding being
appropriated for the purposes of this subdivision. These priorities
shall also be based on the best available existing state programs as
well as on continuing research into best practices and on the needs
of California. The treatment program shall consist of all of the
following components:
(1) Treatment services for problem and pathological gamblers and
directly involved family members. These treatment services will be
created through partnerships with established health facilities that
can provide treatment for gambling related problems, substance abuse
facilities, and providers. State funded treatment may include, but
is not limited to, the following: self-administered, home-based
educational programs; outpatient treatment; residential treatment;
and inpatient treatment when medically necessary.
(2) A funding allocation methodology that ensures treatment
services are delivered efficiently and effectively to areas of the
state most in need.
(3) Appropriate review and monitoring of treatment programs by the
director of the office or a designated institution, including grant
oversight and monitoring, standards for treatment, and outcome
monitoring.
(4) Treatment efforts shall provide services that are relevant to
the needs of a diverse multicultural population with attention to
groups with unique needs, including female gamblers, underserved
ethnic groups, the elderly, and the physically challenged.
(c) The office shall make information available as requested by
the Governor and the Legislature with respect to the comprehensive
program.
SEC. 6. Section 4369.3 of the Welfare and Institutions Code is
amended to read:
4369.3. In designing and developing the overall program, the
office shall do all of the following:
(a) Develop a statewide plan to address problem and pathological
gambling.
(b) Adopt any regulations necessary to administer the program.
(c) Develop priorities for funding services and criteria for
distributing program funds.
(d) Monitor the expenditures of state funds by agencies and
organizations receiving program funding.
(e) Evaluate the effectiveness of services provided through the
program.
(f) Notwithstanding any other provision of law, any contracts
required to meet the requirements of this chapter are exempt from the
requirements contained in the Public Contract Code and the State
Administrative Manual, and are exempt from the approval of the
Department of General Services.
(g) The first and highest priority of the office with respect to
the use of any funds appropriated for the purposes of this chapter
shall be to carry out subdivision (a).
(h) Administrative costs for the program may not exceed 10 percent
of the total funding budgeted for the program.
SEC. 7. Section 4369.4 of the Welfare and Institutions Code is
amended to read:
4369.4. All state agencies, including, but not limited to, the
California Horse Racing Board, the California Gambling Control
Commission, the Department of Justice, and any other agency that
regulates casino gambling or cardrooms within the state, and the
Department of Corrections, the California Youth Authority, the State
Departments of Health Services, Alcohol and Drug Programs, and Mental
Health, and the California State Lottery, shall coordinate with the
office to ensure that state programs take into account, as much as
practicable, problem and pathological gamblers. The office shall
also coordinate and work with other entities involved in gambling and
the treatment of problem and pathological gamblers.
SEC. 8. Section 4369.5 of the Welfare and Institutions Code is
repealed.
SEC. 9. The sum of fifty million five hundred sixty-eight thousand
seven hundred eighty-seven dollars and ninety-nine cents
($50,568,787.99) is hereby transferred from the Indian Gaming Special
Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund
and is hereby appropriated from that fund to the California Gambling
Control Commission for distribution to each eligible recipient Indian
Tribe pursuant to subdivision (c) of Section 12012.90 of the
Government Code.
SEC. 10. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to ensure that provisions designed to prevent problem and
pathological gambling are enacted as soon as possible, it is
necessary that this act take effect immediately.