Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 654

Introduced by Assembly Member Hall

February 21, 2013

An act begin insert to amend Section 19817 of the Business and Professions Code, and end insert to amend Section 12012.85 of the Government Code, relating to gaming.

LEGISLATIVE COUNSEL’S DIGEST

AB 654, as amended, Hall. begin delete Tribal gaming. end delete begin insert Gambling. end insert

begin insert

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.

end insert begin insert

This bill would require the advisory committee to meet at least twice per year, and would require the commission to consult with the committee on recommended proposed regulations.

end insert

Existing law permits specified federally recognized Indian tribes to conduct gaming on Indian lands in California pursuant to compacts negotiated by the Governor and ratified by the Legislature. Existing law creates the Indian Gaming Special Distribution Fund for the receipt of moneys received by the state from the tribes conducting gaming according to the terms established by the compacts, which moneys are available for appropriation by the Legislature for specified purposes.

This bill would make nonsubstantive, technical changes to these provisions.

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 19817 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

19817.  

The commission shall establish and appoint a Gaming
Policy Advisory Committee of 10 members. The committee shall
be composed of representatives of controlled gambling licensees
and members of the general public in equal numbers. The executive
director shall, begin delete from time to time end delete begin insert at least twice per year end insert , convene
the committee for the purpose of discussing matters of controlled
gambling regulatory policy and any other relevant gambling-related
issue. begin insert The commission shall consult with the committee on
proposed regulations. end insert The recommendations concerning gambling
policy begin insert and proposed regulations end insert made by the committee shall be
presented to the commission, but shall be deemed advisory and
not binding on the commission in the performance of its duties or
functions. The committee begin delete may end delete begin insert shall end insert not advise the commission
on Indian gaming.

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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
implementing and administering 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 Human
Resources 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.

(g) Priority for funding from the Indian Gaming Special
Distribution Fund is in the following descending order:

(1) An appropriation to the Indian Gaming Revenue Sharing
Trust Fund in an aggregate amount sufficient to make payments
of any shortfalls that may occur in the Indian Gaming Revenue
Sharing Trust Fund.

(2) An appropriation to the Office of Problem and Pathological
Gambling within the State Department of Alcohol and Drug
Programs for problem gambling prevention programs.

(3) The amount appropriated in the annual Budget Act for
allocation between the Department of Justice and the California
Gambling Control Commission for regulatory functions that
directly relates to Indian gaming.

(4) An appropriation for the support of local government
agencies impacted by tribal gaming.