BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 2915|
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                                    THIRD READING


          Bill No:  AB 2915
          Author:   Committee on Governmental Organization  
          Introduced:3/17/16  
          Vote:     21  

           SENATE GOVERNMENTAL ORG. COMMITTEE:  13-0, 6/28/16
           AYES:  Hall, Berryhill, Bates, Block, Gaines, Galgiani, Glazer,  
            Hernandez, Hill, Hueso, Lara, McGuire, Vidak

           ASSEMBLY FLOOR:  78-0, 5/12/16 (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.  
          ANALYSIS:   


          Existing law:
          
          1)Provides, under the federal Indian Gaming Regulatory Act of  
            1988, 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  








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            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  
            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:








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          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 2915.  Currently, Indian gaming statutes are found  
          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 Legislation
          
          AB 1540 (Gray, Chapter 531, Statutes of 2015), as introduced,  
          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.   (Gutted on the Senate  
          Floor to be the ratification vehicle for the Santa Ynez Band of  
          Mission Indians Compact, executed on 8/26/15)

          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  








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          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, 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 the Senate Governmental  
          Organization 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)
           
           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 on the Senate  
          Floor to be the ratification vehicle for the amended Shingle  
          Springs Band of Miwok Indians Compact, executed on 6/30/2008)

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified6/28/16)


          None received


          OPPOSITION:   (Verified6/28/16)









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          None received



           ASSEMBLY FLOOR:  78-0, 5/12/16
           AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, 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, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Rendon
           NO VOTE RECORDED: Burke, Jones-Sawyer


          Prepared by:  Arthur Terzakis / G.O. / (916) 651-1530
          8/4/16 12:36:49


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