California Legislature—2015–16 Regular Session

Assembly BillNo. 76


Introduced by Assembly Member Mathis

January 5, 2015


An act to amend Section 12012.85 of the Government Code, relating to gaming.

LEGISLATIVE COUNSEL’S DIGEST

AB 76, as introduced, Mathis. Tribal gaming: regulatory costs.

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.

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.

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

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 12012.85 of the Government Code is
2amended to read:

3

12012.85.  

There is hereby created in the State Treasury a fund
4called the “Indian Gaming Special Distribution Fund” for the
5receipt and deposit of moneys received by the state from Indian
6tribes pursuant to the terms of tribal-state gaming compacts. These
7moneys shall be available for appropriation by the Legislature for
8the following purposes:

9(a) Grants, including any administrative costs, for programs
10designed to address gambling addiction.

11(b) Grants, including any administrative costs, for the support
12of state and local government agencies impacted by tribal
13government gaming.

14(c) Compensation for regulatory costs incurred by the State
15Gaming Agency and the Department of Justice in connection with
16begin delete the implementation and administration ofend deletebegin insert implementing and
17administeringend insert
tribal-state gaming compacts.

18(d) Payment of shortfalls that may occur in the Indian Gaming
19Revenue Sharing Trust Fund. This shall be the priority use of
20moneys in the Indian Gaming Special Distribution Fund.

21(e) Disbursements for the purpose of implementing the terms
22of tribal labor relations ordinances promulgated in accordance with
23the terms of tribal-state gaming compacts ratified pursuant to
24Chapter 874 of the Statutes of 1999. No more than 10 percent of
25the funds appropriated in the Budget Act of 2000 for
26implementation of tribal labor relations ordinances promulgated
27in accordance with those compacts shall be expended in the
28selection of the Tribal Labor Panel. The Department of Human
29Resources shall consult with and seek input from the parties prior
30to any expenditure for purposes of selecting the Tribal Labor Panel.
31Other than the cost of selecting the Tribal Labor Panel, there shall
32be no further disbursements until the Tribal Labor Panel, which
33is selected by mutual agreement of the parties, is in place.

34(f) Any other purpose specified by law.

35(g) Priority for funding from the Indian Gaming Special
36Distribution Fund is in the following descending order:

37(1) An appropriation to the Indian Gaming Revenue Sharing
38Trust Fund in an aggregate amount sufficient to make payments
P3    1of any shortfalls that may occur in the Indian Gaming Revenue
2Sharing Trust Fund.

3(2) An appropriation to the Office of Problem and Pathological
4Gambling within the State Department ofbegin delete Alcohol and Drug
5Programsend delete
begin insert Public Healthend insert for problem gambling prevention
6programs.

7(3) The amount appropriated in the annual Budget Act for
8allocation between the Department of Justice and the California
9Gambling Control Commission for regulatory functions that
10directly relates to Indian gaming.

11(4) An appropriation for the support of local government
12agencies impacted by tribal gaming.



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