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:
AB 2914
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Support
None on file
Opposition
None on file
Analysis Prepared by:Eric Johnson / G.O. / (916) 319-2531