BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2794|
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CONSENT
Bill No: AB 2794
Author: Assembly Governmental Organization Committee
Amended: 4/14/10 in Assembly
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 8-0, 6/29/10
AYES: Wright, Harman, Calderon, Florez, Negrete McLeod,
Padilla, Price, Yee
NO VOTE RECORDED: Denham, Oropeza, Wyland
ASSEMBLY FLOOR : 76-0, 5/13/10 - See last page for vote
SUBJECT : Tribal gaming
SOURCE : Author
DIGEST : This bill repeals and renumbers sections of the
Government Code related to Indian gaming into one
stand-alone Title (Title 16.5 TRIBAL GAMING) in the
Government Code, and makes other technical, nonsubstantive
changes.
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.
Existing law, the California Constitution, authorizes the
Governor to negotiate and conclude compacts, subject to
ratification by the Legislature.
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Existing law ratifies 68 compacts between the State of
California and specified Indian tribes.
Existing law establishes the Indian Gaming Special
Distribution Fund (SDF) in the State Treasury for the
receipt of revenue contributions made by tribal governments
pursuant to the terms of the 1999 model Tribal-State Gaming
Compacts (Compacts).
Existing law authorizes the Legislature to appropriate
money from the SDF for the following purposes:
1. Grants for programs designed to address gambling
addiction.
2. Grants for the support of state and local government
agencies impacted by tribal government gaming.
3. 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.
4. Payment of shortfalls that may occur in the Indian
Gaming Revenue Sharing Trust Fund (RSTF). This shall be
the priority use of moneys in the SDF.
5. Disbursements for the purpose of implementing the terms
of tribal labor relations ordinances promulgated in
accordance with the terms of the 1999 Compacts.
6. Any other purpose specified by law.
Existing law provides that the priority for funding from
the SDF is in the following descending order:
1. To make payments of any shortfalls that may occur in the
RSTF.
2. Grants for programs designed to address gambling
addiction.
3. Compensation to CGCC and DOJ for regulatory functions
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that directly relates to Indian gaming.
4. Grants for the support of local government agencies
impacted by tribal gaming.
Existing law 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 CGCC, upon
appropriation by the Legislature, for distribution to
non-Compact tribes, according to the terms of the Compacts.
Existing law requires 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
RSTF. CGCC must report the amount of the deficiency to the
Budget Committees in each house of the Legislature. Upon
appropriation by the Legislature, CGCC shall make payments
to eligible recipient tribes, as specified.
Existing law establishes the methodology for the allocation
of SDF monies to local governments that have tribal
government gaming in its jurisdiction, and authorizes
eligible local governments to establish Benefit Committees
to award SDF monies to fund grant projects pursuant to
specified criteria.
This bill was developed in consultation with the Office of
the Legislative Counsel to consolidate all of the laws
related to Indian gaming into one stand-alone Title in the
Government Code.
Background
Currently, Indian gaming laws are found in two separate
chapters in the Government Code. Title 2, Part 2, Chapter
1, Article 1 of the Government Code 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 of the Government
Code contains the laws related to Grants of Indian Gaming
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Revenue to Local Government Agencies. This bill is a code
maintenance proposal that will consolidate all Indian
gaming related laws into one stand-alone Title in the
Government Code, namely, Title 16.5 - Tribal Gaming.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Blakeslee, Block,
Blumenfield, Bradford, Brownley, Buchanan, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer,
Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Silva, Smyth, Solorio, Audra Strickland,
Swanson, Torlakson, Torres, Torrico, Tran, Villines,
Yamada, John A. Perez
NO VOTE RECORDED: Caballero, Norby, Skinner, Vacancy
TSM:mw 7/2/10 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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