BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2914


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          Date of Hearing:  May 5, 2016


                   ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION


                                  Adam Gray, Chair


          AB 2914  
          (Committee on Governmental Organization) - As Introduced March  
          17, 2016


          SUBJECT:  Gaming:  Indian Gaming Revenue Sharing Trust Fund


          SUMMARY:  Clarifies provisions in current law relating to the  
          Indian Gaming Revenue Sharing Trust Fund (IGRSTF) for the  
          purpose of making distributions to eligible recipient Indian  
          tribes.  Specifically, this bill:  


          1)  Clarifies that the purpose of the IGRSTF is for making  
          distributions to eligible recipient Indian tribes, in accordance  
          with distribution plans specified in tribal-state gaming  
          compacts.


          2)  Provides that tribes contributing to the IGRSTF on a net win  
          or gross gaming revenue basis may be aggregated in the quarterly  
          report, as described.


          3)  Clarifies that "eligible recipient Indian tribe" means a  
          non-compact, nongaming, or limited-gaming tribe, as defined in  
          the tribal-state gaming compacts ratified and in effect, as  
          provided. 









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          4)  Deletes other related, obsolete provisions.


          5)  Makes technical and clarifying changes.


          EXISTING LAW:  


          1)  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. 





          2)  Ratifies a number of tribal-state gaming compacts, and  
          amendments of tribal-state gaming compacts, between the State of  
          California and specified Indian tribes.





          3)  Establishes the Indian Gaming Revenue Sharing Trust Fund  
          (IGRSTF) within the State Treasury for the receipt and deposit  
          of moneys derived from gaming device license fees that are  
          received from tribes pursuant to the terms of tribal-state  
          gaming compacts for the purpose of making distributions to  
          non-compact tribes. 


          4)  Provides that moneys in that fund are available to the  
          California Gambling Control Commission (CGCC), upon  








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          appropriation by the Legislature, for the purpose of making  
          those distributions in accordance with plans specified in  
          tribal-state gaming compacts.


          5)  Requires CGCC to, on or before the day of the May budget  
          revision for each fiscal year, determine the anticipated total  
          amount of shortfalls in payment likely to occur in the IGRSTF  
          for the next fiscal year, and to provide to the committee in the  
          Senate and Assembly that considers the State Budget an estimate  
          of the amount needed to transfer from the Indian Gaming Special  
          Distribution Fund (IGSDF) to backfill the IGRSTF for the next  
          fiscal year. 


          6)  Requires, at the end of each fiscal quarter, CGCC's IGRSTF  
          report to include specified information, including, among other  
          things, the amount paid into the IGRSTF by each of the tribes  
          pursuant to the applicable sections of the tribal-state gaming  
          compact.


          7)  Requires CGCC to determine the amount of money needed to be  
          transferred from the IGSDF to the IGRSTF to ensure that each  
          eligible recipient Indian tribe receives a specified amount of  
          the funds. Existing law defines "eligible recipient tribe" for  
          those purposes to mean a non-compact tribe, as defined in the  
          tribal-state gaming compacts ratified and in effect, as  
          specified.  Those compacts define "non-compact tribe" to mean a  
          federally recognized tribe that operates fewer than 350 gaming  
          devices.


          FISCAL EFFECT:  This bill is keyed non-fiscal by Legislative  
          Counsel.


          COMMENTS:  This bill represents the annual Assembly Governmental  
          Organization Committee bill that makes technical, clarifying,  








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          conforming, and non-controversial changes to the Government  
          Code, relating to gaming.  The amendments contained in this bill  
          have been put forth by the CGCC.


          AB 2914 updates Government Code Sections §12012.75 and 12012.90  
          related to the Indian Gaming Revenue Sharing Trust Fund (IGRSTF)  
          which was established to implement specific provisions within  
          the 1999 tribal-state gaming compacts.  AB 2914 does the  
          following: 1) Updates the statute to incorporate specific  
          provisions in new and recently amended compacts, including the  
          definition of the IGRSTF; 2) Deletes obsolete provisions in the  
          Government Code relating to the methodology for determining  
          IGRSTF shortfalls and making IGRSTF distributions, as defined;  
          3) Provides that tribes contributing to the IGRSTF on a net win  
          or gross gaming revenue basis may be reported in aggregated  
          amounts by the CGCC.  This amendment would protect tribal  
          information that is confidential pursuant to the terms of  
          tribal-state gaming compacts; 4) Clarifies that the purpose of  
          the IGRSTF is for making distributions to eligible recipient  
          Indian tribes: and, 5) Deletes other related, obsolete  
          provisions.


           Related legislation  : AB 1355 (Gray) of 2015.  Would specify that  
          the Tribal Nation Grant Fund reflect a vision of facilitating  
          the development of tribal institutions and improving the quality  
          of life of tribal people throughout the state.  (Pending in  
          Senate G.O. Committee)





          REGISTERED SUPPORT / OPPOSITION:












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          Support


          None on file




          Opposition


          None on file




          Analysis Prepared by:Eric Johnson / G.O. / (916) 319-2531