BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1483|
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CONSENT
Bill No: SB 1483
Author: Senate Governmental Organization Committee
Amended: As introduced
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 7-0, 4/27/10
AYES: Wright, Denham, Florez, Negrete McLeod, Price,
Wyland, Yee
NO VOTE RECORDED: Harman, Calderon, Oropeza, Padilla
SUBJECT : Indian gaming
SOURCE : Author
DIGEST : This bill clarifies references in the Government
Code relative to the definition of "eligible recipient
Indian tribes."
ANALYSIS : Existing law creates the Indian Gaming Special
Distribution Fund (SDF) in the State Treasury for the
deposit of monies from specified gaming tribes pursuant to
the terms of the 1999 tribal-state gaming compacts. A
portion of the monies from the SDF are available for
appropriation by the Legislature, on a quarterly basis, for
the backfill of shortfalls in the RSTF. Existing law
specifies that the first priority use of SDF monies is the
backfill of shortfalls in the RSTF.
Existing law creates the RSTF within the State Treasury for
the deposit of monies from tribal-state gaming compacts for
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the purpose of making distributions to non-compact and
non-gaming tribes, as specified.
Existing law requires the California Gambling Control
Commission to determine the aggregate amount of shortfalls
in RSTF and to provide certain legislative committees an
estimate of the amount needed to backfill that fund such
that each eligible recipient tribe will receive $1.1
million for the fiscal year.
This bill:
1.Strikes reference to "Section 4.3.2(a)(i)" of the 1999
Model Tribal-State Gaming Compacts (compacts) that
defines the term, "noncompact tribe".
2.Replaces the stricken language with the actual definition
of noncompact tribe found in all compacts.
3.Makes other technical and conforming changes.
This bill is a technical clean-up measure that corrects
references to "eligible recipient Indian tribes" in
existing law.
Noncompact tribes are defined in Tribal-State Gaming
Compacts as "federally-recognized Indian tribes that
operate fewer than 350 gaming devices". Noncompact tribes
are eligible for distributions of $1.1 million a year from
the RSTF.
In the 1999 model compacts negotiated by the Davis
administration, the definition of "noncompact tribes" is
found in compact Section 4.3.2(a)(i). In newer compacts
concluded and ratified under the Schwarzenegger
administration, the definition of "noncompact tribes" is
located in other compact sections, such as Section 5.1(c)
of the Coyote Valley Compact and the Fort Mojave Indian
Tribe Compact, among others.
To eliminate any ambiguity in the law [Government Code
Section 12012.90], SB 1483 replaces the reference to
"eligible recipient Indian tribes" defined in "Compact
Section 4.3.2(a)(i)" with the actual definition of
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"eligible recipient Indian tribes" common to all compacts,
namely, "federally-recognized Indian tribes that operate
fewer than 350 gaming devices."
Prior Legislation
AB 1740 (Governmental Organization), 2007-2008 Legislative
Session, clarifies references in the Government Code
related to "eligible recipient Indian tribes" as it relates
to the distribution of RSTF monies. (Died on the Assembly
Inactive File.)
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
TSM:nl 4/28/10 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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