BILL ANALYSIS Ó
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Isadore Hall, III
Chair
2015 - 2016 Regular
Bill No: AB 1540 Hearing Date: 6/29/2015
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|Author: |Committee on Governmental Organization |
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|Version: |3/26/2015 Introduced |
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|Urgency: |No |Fiscal: |No |
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|Consultant:|Arthur Terzakis |
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SUBJECT: Tribal gaming
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.
ANALYSIS:
Existing law:
1)The federal 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.
2)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.
3)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
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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.
4)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.
5)Establishes the RSTF in the State Treasury for the receipt and
deposit of moneys derived from gaming device license fees paid
by Indian tribes with 1999 compacts. Money in that fund is
available to the CGCC, upon appropriation by the Legislature,
for distribution to non-compact tribes, according to the terms
of the compacts.
6)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.
This bill:
1)Repeals, reorganizes and recasts various statutory provisions
related to tribal compacts and Indian gaming into one
stand-alone Title 16.5 in the Government Code.
2)Makes other minor, technical, and nonsubstantive changes to
these provisions.
Background
Purpose of AB 1540. Currently, Indian gaming statutes are found
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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
RSTF, (3) the Indian Gaming 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.
According to the author's office, this bill is a code
maintenance proposal that was developed in consultation with the
Legislative Counsel's office to consolidate all of the laws
related to Indian gaming into one stand-alone Title in the
Government Code, namely, Title 16.5 - Tribal Gaming.
Prior/Related Legislation
AB 1426 (Governmental Organization, 2013) would have reorganized
statutes pertaining to Indian gaming compacts primarily by
moving them to a newly created Title 16.5 on Tribal Gaming in
the Government Code. (Died on Senate Inactive File)
AB 2695 (Governmental Organization, 2012) would have reorganized
statutes pertaining to Indian gaming compacts primarily by
moving them to a newly created Title 16.5 on Tribal Gaming in
the Government Code. Also would have made other minor,
technical changes to these provisions. (Died on Senate Inactive
File)
AB 1417 (Governmental Organization, Chapter 736, Statutes of
2011) as introduced, this bill would have reorganized statutes
pertaining to Indian gaming compacts primarily by moving them to
a newly created Title 16.5 on Tribal Gaming in the Government
Code. (AB 1417 was subsequently gutted in this committee to
become the vehicle for the distribution of $9.1 million from the
SDF to the CGCC to provide grants to local agencies.)
AB 2794 (Governmental Organization, 2010) would have established
a stand-alone article within the Government Code for tribal
compacts. (Died at Senate Desk)
SB 827 (Wright, Chapter 206, Statutes of 2009) as introduced,
would have established a stand-alone article within the
Government Code for tribal compacts. (Gutted and amended in the
Assembly to become a bill dealing with the South Coast Air
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Quality Management District)
AB 1576 (Chesbro, 2009) as introduced, would have established a
stand-alone article within the Government Code for tribal
compacts. (Gutted in the Senate to be the ratification vehicle
for the Habematolel Pomo of Upper Lake Compact, executed on
September 2, 2009)
AB 3072 (Price, Chapter 334, Statutes of 2008) as introduced,
would have established a stand-alone article within the
Government Code for tribal compacts. (Gutted and amended on the
Senate Floor to ratify an amended tribal-state gaming compact
entered into by the State of California and the Shingle Springs
Band of Miwok Indians)
AB 1275 (J. Horton, 2003) would have established a stand-alone
chapter within the Government Code for tribal compacts. (Died
on Senate Third Reading file)
AB 2286 (J. Horton, 2002) would have established a stand-alone
chapter within the Government Code for compacts enacted and
approved under Proposition 1A. (Died on Senate Inactive File)
FISCAL EFFECT: Appropriation: No Fiscal
Com.: No Local: No
SUPPORT:
None received
OPPOSITION:
None received