BILL NUMBER: AB 328	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member V. Manuel Pérez

                        FEBRUARY 13, 2013

   An act to amend Section 12012.90 of the Government Code, relating
to tribal gaming.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 328, as introduced, V. Manuel Pérez. Tribal gaming: revenue
sharing.
   Existing law creates in the State Treasury the Indian Gaming
Revenue Sharing Trust Fund and 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 tribal-state
gaming compacts, and authorizes moneys in those funds to be used for
specified purposes, including making distributions to noncompact
tribes. Existing law requires, for specified fiscal years, that the
California Gambling Control Commission determine the anticipated
total amount of shortfalls in payments likely to occur in the Indian
Gaming Revenue Sharing Trust Fund for the upcoming fiscal year and
provide that figure to the Senate and Assembly for the purpose of
establishing an estimate of the amount needed to transfer from the
Indian Gaming Special Distribution Fund to backfill the Indian Gaming
Revenue Sharing Trust Fund. Existing law requires the Legislature to
transfer moneys from the Indian Gaming Special Distribution Fund to
the Indian Gaming Revenue Sharing Trust Fund an amount sufficient for
each eligible recipient tribe to receive a total not to exceed
$275,000 for each quarter the tribe is eligible to receive moneys. If
the transfer is insufficient the commission is required to submit a
request for a budget augmentation.
   This bill would require the commission, if it is determined that
there is an insufficient amount in the Indian Gaming Revenue Sharing
Trust Fund in a fiscal year to distribute the quarterly payments
pursuant to these provisions to each eligible recipient Indian tribe,
to direct a portion of a specified revenue contribution pursuant to
certain tribal-state gaming compacts that would otherwise be
deposited into the General Fund, to instead be deposited into the
Indian Gaming Revenue Sharing Trust Fund to increase the revenue
contribution to that fund in an amount sufficient to ensure the fund
has sufficient resources for each eligible recipient Indian tribe to
receive the full $275,000 quarterly payments.
   This bill would conform these provisions to changes made by the
Governor's Reorganization Plan 2.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12012.90 of the Government Code is amended to
read:
   12012.90.  (a) (1) For each fiscal year commencing with the
2002-03 fiscal year to the  2004-05   2004-05
 fiscal year, inclusive, 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) The California Gambling Control Commission shall provide to
the committee in the Senate and Assembly that considers the State
Budget an estimate of the amount needed to backfill the Indian Gaming
Revenue Sharing Trust Fund on or before the date of the May budget
revision for each fiscal year.
   (c) An eligible recipient Indian tribe may not receive an amount
from the backfill appropriated following the estimate made pursuant
to subdivision (b) that would give the eligible recipient Indian
tribe an aggregate amount in excess of two hundred seventy-five
thousand dollars ($275,000) per eligible quarter. Any funds
transferred from the Indian Gaming Special Distribution Fund to the
Indian Gaming Revenue Sharing Trust Fund that result in a surplus
shall revert back to the Indian Gaming Special Distribution Fund
following the authorization of the final payment of the fiscal year.
   (d) 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.

   (e) For each fiscal year commencing with the 2005-06 fiscal year,
all of the following shall apply and subdivisions (b) to (d),
inclusive, shall not apply:
   (1) On or before the day of the May budget revision for each
fiscal year, the California Gambling Control Commission shall
determine the anticipated total amount of shortfalls in payment
likely to occur in the Indian Gaming Revenue Sharing Trust Fund for
the upcoming fiscal year, and shall provide to the  committee
  committees  in the Senate and Assembly that
 considers   consider  the State Budget an
estimate of the amount needed to transfer from the Indian Gaming
Special Distribution Fund to backfill the Indian Gaming Revenue
Sharing Trust Fund for the next fiscal year. The anticipated total
amount of shortfalls to be transferred from the Indian Gaming Special
Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund
shall be determined by the California Gambling Control Commission as
follows:
   (A) The anticipated number of eligible recipient tribes that will
be eligible to receive payments for the next fiscal year, multiplied
by one million one hundred thousand dollars ($1,100,000), with that
product reduced by the amount anticipated to be paid by the tribes
directly into the Indian Gaming Revenue Sharing Trust Fund for the
fiscal year.
   (B) This amount shall be based upon actual payments received into
the Indian Gaming Revenue Sharing Trust Fund the previous fiscal
year, with adjustments made due to amendments to existing
tribal-state compacts or newly executed tribal-state compacts with
respect to payments to be made to the Indian Gaming Revenue Sharing
Trust Fund.
   (2) The Legislature shall transfer from the Indian Gaming Special
Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund an
amount sufficient for each eligible recipient tribe to receive a
total not to exceed two hundred seventy-five thousand dollars
($275,000) for each quarter in the upcoming fiscal year an eligible
recipient tribe is eligible to receive moneys, for a total not to
exceed one million, one hundred thousand dollars ($1,100,000) for the
entire fiscal year. The California Gambling Control Commission shall
make quarterly payments from the Indian Gaming Revenue Sharing Trust
Fund to each eligible recipient Indian tribe within 45 days of the
end of each fiscal quarter.
   (3) If the transfer of funds from the Indian Gaming Special
Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund
results in a surplus, the funds shall remain in the Indian Gaming
Revenue Sharing Trust Fund for disbursement in future years, and if
necessary, adjustments shall be made to future distributions from the
Indian Gaming Special Distribution Fund to the Revenue Sharing Trust
Fund.
   (4) In the event the amount appropriated for the fiscal year is
insufficient to ensure each eligible recipient tribe receives the
total of two hundred seventy-five thousand dollars ($275,000) for
each fiscal quarter, the Department of Finance, after consultation
with the California Gambling Control Commission, shall submit to the
Legislature a request for a budget augmentation for the current
fiscal year with an explanation as to the reason why the amount
appropriated for the fiscal year was insufficient.
   (5) At the end of each fiscal quarter, the California Gambling
Control Commission's Indian Gaming Revenue Sharing Trust Fund report
shall include information that identifies each of the eligible
recipient tribes eligible to receive a distribution for that fiscal
quarter, the amount paid into the Indian Gaming Revenue Sharing Trust
Fund by each of the tribes pursuant to the applicable sections of
the tribal-state compact, and the amount necessary to backfill from
the Indian Gaming Special Distribution Fund the shortfall in the
Indian Gaming Revenue Sharing Trust Fund in order for each eligible
recipient tribe to receive the total of two hundred seventy-five
thousand dollars ($275,000) for the fiscal quarter. 
   (6) Based upon the projected shortfall in the Indian Gaming
Revenue Sharing Trust Fund, for the 2005-06 fiscal year, the sum of
fifty million dollars ($50,000,000) 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 tribe pursuant to this section.  
   (f) (1) If it is determined that there is an insufficient amount
in the Indian Gaming Revenue Sharing Trust Fund in a fiscal year to
distribute the quarterly payments pursuant to this section to each
eligible recipient Indian tribe, then the California Gambling Control
Commission shall direct a portion of the revenue contribution in
Section 4.3.1(b)(i) of the tribal-state gaming compacts specified in
paragraph (2), which are ratified and in effect as provided in
subdivision (f) of Section 19 of Article IV of the California
Constitution, to be deposited into the Indian Gaming Revenue Sharing
Trust Fund to increase the revenue contribution to that fund in an
amount sufficient to ensure the fund has sufficient resources for
each eligible recipient Indian tribe to receive the full
two-hundred-seventy-five-thousand-dollar ($275,000) quarterly
payments pursuant to this section.  
   (2) This subdivision shall apply only to those tribal-state gaming
compacts that include Section 4.3.1(b)(i), or any comparable
provision, as it appears in the tribal-state gaming compacts entered
into by the following tribes, and amended in 2006:  
   (A) The San Manuel Band of Mission Indians.  
   (B) The Morongo Band of Mission Indians.  
   (C) The Pechanga Band of Luiseño Indians.