BILL ANALYSIS Ó
AB 1417
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Date of Hearing: May 4, 2011
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
AB 1417 (Committee on Governmental Organization) - As
Introduced: March 21, 2011
SUBJECT : Tribal gaming.
SUMMARY : Repeals and renumbers sections of the Government Code
related to Indian gaming into one stand-alone Title in the
Government Code. Makes other technical non-substantive changes.
EXISTING LAW :
1) Through federal law, provides for the negotiation and
execution of tribal-state gaming compacts for the purpose of
authorizing certain types of gaming on Indian lands within the
state ÝIndian Gaming Regulatory Act of 1988, 18 U.S.C. Sections
1166 to 1168, inclusive and 25 U.S.C. Section 2701, et. seq.].
2) Authorizes the Governor to negotiate and conclude gaming
compacts, subject to ratification by the Legislature, with
specified Indian tribes].
3) Establishes the Indian Gaming Revenue Sharing Trust Fund
and the Indian Gaming Special Distribution Fund in the State
Treasury for the receipt and deposit of moneys received by the
state from Indian tribes pursuant to the terms of the gaming
compacts entered into with the State of California and
authorizes moneys in those funds to be used for certain
purposes.
4) Establishes the method for calculating the distribution of
appropriations from the Indian Gaming Special Distribution Fund
for grants to local government agencies impacted by tribal
gaming.
5) Authorizes the backfill of the shortfall to the Indian
Gaming Revenue Sharing Trust Fund (RSTF) from the Indian Gaming
Special Distribution Fund (SDF) to occur on a quarterly basis
rather than at the end of each fiscal year.
FISCAL EFFECT : Unknown.
AB 1417
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COMMENTS :
Purpose of the bill : This bill represents the annual Assembly
Governmental Organization Committee clean-up bill that makes
clarifying, technical and non-controversial changes to existing
statute.
This bill was developed in consultation with Legislative Counsel
to establish a separate chapter within the Government Code for
the compacts.
Background : Currently, Indian gaming laws are found in two
separate chapters in the Government Code. Government Code Title
2, Part 2, Chapter 1, Article 1 contains laws related to: (1)
Tribal-State Gaming Compacts, (2) the Indian Gaming Revenue
Sharing Trust Fund (RSTF), (3) the Indian Gaming Special
Distribution Fund (SDF); and (4) the methodology for the
backfill of shortfalls in revenues in the RSTF from the SDF.
Government Code Title 2, Part 2, Chapter 7.5 contains the laws
related to Grants of Indian Gaming Revenue to Local Government
Agencies. SB 827 is a code maintenance proposal that will
consolidate all Indian gaming related laws into one stand-alone
Title in the Government Code, namely, Title 16.5 - Tribal
Gaming.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531