BILL ANALYSIS �
AB 1426
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Date of Hearing: May 8, 2013
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Hall III, Isadore, Chair
AB 1426 (Committee on Governmental Organization) - As
Introduced: March 21, 2013
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 Indian 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
(SDF) 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 SDF to occur
on a quarterly basis rather than at the end of each fiscal year.
FISCAL EFFECT : This bill is keyed fiscal by Legislative
Counsel.
AB 1426
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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 RSTF, (3) the 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. AB 1426 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