BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1426|
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CONSENT
Bill No: AB 1426
Author: Assembly Governmental Organization Committee
Amended: As introduced
Vote: 21
SENATE GOVERNMENTAL ORGANIZATION COMMITTEE : 11-0, 6/11/13
AYES: Wright, Nielsen, Berryhill, Calderon, Cannella, Correa,
De Le�n, Galgiani, Hernandez, Lieu, Padilla
ASSEMBLY FLOOR : 70-0, 5/16/13 (Consent) - See last page for
vote
SUBJECT : Tribal gaming
SOURCE : Author
DIGEST : This bill reorganizes statutes pertaining to Indian
gaming compacts primarily by moving them to a newly created
Title 16.5 on Tribal Gaming in the Government Code; and makes
other minor, technical, nonsubstantive changes to these
provisions.
ANALYSIS : Existing federal law, the Indian Gaming Regulatory
Act of 1988, provides for the negotiation and execution of
compacts for the purpose of authorizing class III gaming on
Indian lands within a state. Additionally, the California
Constitution authorizes the Governor to negotiate and conclude
compacts, subject to ratification by the Legislature.
Existing law:
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AB 1426
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1.Establishes the Indian Gaming Special Distribution Fund (SDF)
in the State Treasury for the receipt of revenue contributions
made by tribal governments pursuant to the terms of the 1999
model Tribal-State Gaming Compacts (compacts).
2.Authorizes the Legislature to appropriate money from the SDF
as follows: (a) grants for programs designed to address
gambling addiction; (b) grants for the support of state and
local government agencies impacted by tribal government
gaming; (c) compensation for regulatory costs incurred by the
California Gambling Control Commission (CGCC) and the
Department of Justice (DOJ) in connection with the
implementation and administration of compacts; (d) payment of
shortfalls that may occur in the Indian Gaming Revenue Sharing
Trust Fund (RSTF); (e) disbursements for the purpose of
implementing the terms of tribal labor relations ordinances
promulgated in accordance with the terms of the 1999 compacts;
and (f) any other purpose specified by law.
3.Provides that the priority for funding from the SDF is in the
following descending order: (a) to make payments of any
shortfalls that may occur in the RSTF; (b) grants for programs
designed to address gambling addiction; (c) compensation to
the CGCC and DOJ for regulatory functions that directly
relates to Indian gaming; and (d) grants for the support of
local government agencies impacted by tribal gaming.
4.Establishes the RSTF in the State Treasury for the receipt and
deposit of monies derived from gaming device license fees paid
by Indian tribes with 1999 compacts. Money in the RSTF is
available to the CGCC, upon appropriation by the Legislature,
for distribution to non-compact tribes, according to the terms
of the compacts.
5.Requires the CGCC to annually determine the aggregate amount
necessary to make up the difference between $1.1 million and
the actual amount paid to each eligible recipient Indian tribe
during the fiscal year from the RSTF. The CGCC must report
the amount of the deficiency to the budget committees in each
house of the Legislature. Upon appropriation by the
Legislature, the CGCC shall make payments to eligible
recipient tribes, as specified.
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AB 1426
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This bill reorganizes statutes pertaining to Indian gaming
compacts primarily by moving them to a newly created Title 16.5
on Tribal Gaming in the Government Code; and makes other minor,
technical, nonsubstantive changes to these provisions.
Background
Currently, Indian gaming laws are found in two separate chapters
in the Government Code:
Title 2, Division 3, Part 2, Chapter 1, Article 1
contains laws related to: compacts, the RSTF, the SDF; and
the methodology for the backfill of shortfalls in revenues
in the RSTF from the SDF.
Title 2, Division 3, Part 2, Chapter 7.5 contains the
laws related to Grants of Indian Gaming Revenue to Local
Government Agencies.
This bill is a code maintenance proposal that was developed in
consultation with the Office of Legislative Counsel to
consolidate all of the laws related to Indian gaming into one
stand-alone Title in the Government Code, namely, Title
16.5-Tibal Gaming.
Prior Legislation
AB 2695 (Assembly Governmental Organization Committee, 2011-12)
would have reorganized statutes pertaining to compacts primarily
by moving them to a newly created Title 16.5 on Tribal Gaming in
the Government Code; and would have made other minor, technical
changes to these provisions. The bill died on the Senate
Inactive File.
Unsuccessful legislation which would have established a
stand-alone article or chapter within the Government Code for
compacts included AB 2794 (Assembly Governmental Organization
Committee, 2009-10), AB 1275 (J. Horton, 2003-04), and AB 2286
(J. Horton, 2001-02).
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
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AB 1426
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ASSEMBLY FLOOR : 70-0, 5/16/13
AYES: Achadjian, Alejo, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dahle, Daly, Dickinson, Donnelly, Fong, Fox, Frazier, Garcia,
Gatto, Gomez, Gordon, Gorell, Gray, Hagman, Hall, Harkey,
Roger Hern�ndez, Jones, Jones-Sawyer, Levine, Linder, Logue,
Lowenthal, Maienschein, Mansoor, Medina, Mitchell, Mullin,
Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea,
V. Manuel P�rez, Quirk, Quirk-Silva, Rendon, Salas, Skinner,
Ting, Torres, Wagner, Waldron, Weber, Wieckowski, Wilk,
Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Allen, Buchanan, Eggman, Beth Gaines, Grove,
Holden, Melendez, Morrell, Stone, Vacancy
MW:ej 6/12/13 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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