Amended in Assembly March 15, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1729


Introduced by Assembly Member Waldron

January 28, 2016


An act to amend Sectionbegin delete 12012.85end deletebegin insert 19817end insert of thebegin delete Governmentend deletebegin insert Business and Professionsend insert Code, relating to gaming.

LEGISLATIVE COUNSEL’S DIGEST

AB 1729, as amended, Waldron. begin deleteTribal gaming: regulatory costs. end deletebegin insertGaming Policy Advisory Committee.end insert

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Existing law, the Gambling Control Act, provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. Existing law requires the commission to establish a 10-member Gaming Policy Advisory Committee for the purpose of discussing matters of controlled gambling regulatory policy and other relevant gambling-related issues. The committee is composed of representatives of controlled gambling licensees and members of the general public in equal numbers.

end insert
begin insert

This bill would increase the membership of the committee from 10 to 12 members.

end insert
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Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude compacts, subject to ratification by the Legislature.

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Existing law ratifies a number of tribal-state gaming compacts between the State of California and specified Indian tribes. Existing law creates in the State Treasury 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 gaming compacts entered into with the state. Existing law authorizes moneys in that fund to be used for certain purposes, including compensation for regulatory costs incurred in connection with implementing and administering tribal-state gaming compacts.

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

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 19817 of the end insertbegin insertBusiness and Professions
2Code
end insert
begin insert is amended to read:end insert

3

19817.  

The commission shall establish and appoint a Gaming
4Policy Advisory Committee ofbegin delete 10end deletebegin insert 12end insert members. The committee
5shall be composed of representatives of controlled gambling
6licensees and members of the general public in equal numbers.
7The executive director shall, from time to time, convene the
8committee for the purpose of discussing matters of controlled
9gambling regulatory policy and any other relevant gambling-related
10issue. The recommendations concerning gambling policy made
11by the committee shall be presented to the commission, but shall
12be deemed advisory and not binding on the commission in the
13performance of its duties or functions. The committeebegin delete mayend deletebegin insert shallend insert
14 not advise the commission on Indian gaming.

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15

SECTION 1.  

Section 12012.85 of the Government Code is
16amended to read:

17

12012.85.  

There is hereby created in the State Treasury a fund
18called the “Indian Gaming Special Distribution Fund” for the
19receipt and deposit of moneys received by the state from Indian
20tribes pursuant to the terms of tribal-state gaming compacts. These
21moneys shall be available for appropriation by the Legislature for
22the following purposes:

23(a) Grants, including any administrative costs, for programs
24designed to address gambling addiction.

P3    1(b) Grants, including any administrative costs, for the support
2of state and local government agencies impacted by tribal
3government gaming.

4(c) Compensation for regulatory costs incurred by the State
5Gaming Agency and the Department of Justice in connection with
6 implementing and administering tribal-state gaming compacts.

7(d) Payment of shortfalls that may occur in the Indian Gaming
8Revenue Sharing Trust Fund. This shall be the priority use of
9moneys in the Indian Gaming Special Distribution Fund.

10(e) Disbursements for the purpose of implementing the terms
11of tribal labor relations ordinances promulgated in accordance with
12the terms of tribal-state gaming compacts ratified pursuant to
13Chapter 874 of the Statutes of 1999. No more than 10 percent of
14the funds appropriated in the Budget Act of 2000 for
15implementation of tribal labor relations ordinances promulgated
16in accordance with those compacts shall be expended in the
17selection of the Tribal Labor Panel. The Department of Human
18Resources shall consult with and seek input from the parties prior
19to any expenditure for purposes of selecting the Tribal Labor Panel.
20Other than the cost of selecting the Tribal Labor Panel, there shall
21be no further disbursements until the Tribal Labor Panel, which
22is selected by mutual agreement of the parties, is in place.

23(f) Any other purpose specified by law.

24(g) Priority for funding from the Indian Gaming Special
25Distribution Fund is in the following descending order:

26(1) An appropriation to the Indian Gaming Revenue Sharing
27Trust Fund in an aggregate amount sufficient to make payments
28of any shortfalls that may occur in the Indian Gaming Revenue
29Sharing Trust Fund.

30(2) An appropriation to the Office of Problem and Pathological
31Gambling within the State Department of Public Health for
32problem gambling prevention programs.

33(3) The amount appropriated in the annual Budget Act for
34allocation between the Department of Justice and the California
35Gambling Control Commission for regulatory functions that
36directly relates to Indian gaming.

37(4) An appropriation for the support of local government
38agencies impacted by tribal gaming.

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