BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1540|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: AB 1540
Author: Committee on Governmental Organization
Introduced:3/26/15
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE: 12-0, 6/29/15
AYES: Hall, Berryhill, Block, Gaines, Glazer, Hernandez, Hill,
Hueso, Lara, McGuire, Runner, Vidak
NO VOTE RECORDED: Galgiani
ASSEMBLY FLOOR: 78-0, 5/14/15 (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:
1)Establishes the Indian Gaming Special Distribution Fund (SDF)
in the State Treasury for the receipt of revenue contributions
AB 1540
Page 2
made by tribal governments pursuant to the terms of the 1999
model Tribal-State Gaming 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 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.
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.
This bill repeals, reorganizes and recasts various statutory
AB 1540
Page 3
provisions related to tribal compacts and Indian gaming into one
stand-alone Title 16.5 in the Government Code; and makes other
minor, technical, and nonsubstantive changes to these
provisions.
Background
Purpose of AB 1540. Currently, Indian gaming statutes are found
in two separate chapters in the 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.
Title 2, 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 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 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. (The bill died on the 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. (The bill died on the Senate Inactive
File)
FISCAL EFFECT: Appropriation: No Fiscal
Com.: No Local: No
AB 1540
Page 4
SUPPORT: (Verified 6/30/15)
None received
OPPOSITION: (Verified 6/30/15)
None received
ASSEMBLY FLOOR: 78-0, 5/14/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Linder, Medina
Prepared by:Arthur Terzakis / G.O. / (916) 651-1530
7/7/15 10:35:19
**** END ****