AB 2914: Gaming: Indian Gaming Revenue Sharing Trust Fund.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-07-25
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 expressly ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes.
Existing law establishes the Indian Gaming Revenue Sharing Trust Fund 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 noncompact tribes. Existing law provides that moneys in that fund are available to the California Gambling Control Commission, upon appropriation by the Legislature, for the purpose of making those distributions in accordance with plans specified in tribal-state gaming compacts.
This bill would clarify that the purpose of the fund is for making distributions to eligible recipient Indian tribes.
Existing law requires the California Gambling Control Commission 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 Indian Gaming Revenue Sharing Trust Fund 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 to backfill the Indian Gaming Revenue Sharing Trust Fund for the next fiscal year. Existing law requires, at the end of each fiscal quarter, the commissions Indian Gaming Revenue Sharing Trust Fund report to include specified information, including, among other things, the amount paid into the Indian Gaming Revenue Sharing Trust Fund by each of the tribes pursuant to the applicable sections of the tribal-state gaming compact.
This bill would provide that tribes contributing to the Indian Gaming Revenue Sharing Trust Fund on a net win or gross gaming revenue basis may be aggregated in the quarterly report described above.
Existing law requires the California Gambling Control Commission to determine the amount of money needed to be transferred from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund 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 noncompact tribe, as defined in the tribal-state gaming compacts ratified and in effect, as specified. Those compacts define noncompact tribe to mean a federally recognized tribe that operates fewer than 350 gaming devices.
This bill would clarify that eligible recipient Indian tribe means a noncompact, nongaming, or limited-gaming tribe, as defined in the tribal-state gaming compacts ratified and in effect, as provided. The bill would delete other related, obsolete provisions.
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 expressly ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes.
Existing law establishes the Indian Gaming Revenue Sharing Trust Fund 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 noncompact tribes. Existing law provides that moneys in that fund are available to the California Gambling Control Commission, upon appropriation by the Legislature, for the purpose of making those distributions in accordance with plans specified in tribal-state gaming compacts.
This bill would clarify that the purpose of the fund is for making distributions to eligible recipient Indian tribes.
Existing law requires the California Gambling Control Commission 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 Indian Gaming Revenue Sharing Trust Fund 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 to backfill the Indian Gaming Revenue Sharing Trust Fund for the next fiscal year. Existing law requires, at the end of each fiscal quarter, the commissions Indian Gaming Revenue Sharing Trust Fund report to include specified information, including, among other things, the amount paid into the Indian Gaming Revenue Sharing Trust Fund by each of the tribes pursuant to the applicable sections of the tribal-state gaming compact.
This bill would provide that tribes contributing to the Indian Gaming Revenue Sharing Trust Fund on a net win or gross gaming revenue basis may be aggregated in the quarterly report described above.
Existing law requires the California Gambling Control Commission to determine the amount of money needed to be transferred from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund 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 noncompact tribe, as defined in the tribal-state gaming compacts ratified and in effect, as specified. Those compacts define noncompact tribe to mean a federally recognized tribe that operates fewer than 350 gaming devices.
This bill would clarify that eligible recipient Indian tribe means a noncompact, nongaming, or limited-gaming tribe, as defined in the tribal-state gaming compacts ratified and in effect, as provided. The bill would delete other related, obsolete provisions.
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 expressly ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes.
Existing law establishes the Indian Gaming Revenue Sharing Trust Fund 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 noncompact tribes. Existing law provides that moneys in that fund are available to the California Gambling Control Commission, upon appropriation by the Legislature, for the purpose of making those distributions in accordance with plans specified in tribal-state gaming compacts.
This bill would clarify that the purpose of the fund is for making distributions to eligible recipient Indian tribes.
Existing law requires the California Gambling Control Commission 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 Indian Gaming Revenue Sharing Trust Fund 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 to backfill the Indian Gaming Revenue Sharing Trust Fund for the next fiscal year. Existing law requires, at the end of each fiscal quarter, the commissions Indian Gaming Revenue Sharing Trust Fund report to include specified information, including, among other things, the amount paid into the Indian Gaming Revenue Sharing Trust Fund by each of the tribes pursuant to the applicable sections of the tribal-state gaming compact.
This bill would provide that tribes contributing to the Indian Gaming Revenue Sharing Trust Fund on a net win or gross gaming revenue basis may be aggregated in the quarterly report described above.
Existing law requires the California Gambling Control Commission to determine the amount of money needed to be transferred from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund 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 noncompact tribe, as defined in the tribal-state gaming compacts ratified and in effect, as specified. Those compacts define noncompact tribe to mean a federally recognized tribe that operates fewer than 350 gaming devices.
This bill would clarify that eligible recipient Indian tribe means a noncompact, nongaming, or limited-gaming tribe, as defined in the tribal-state gaming compacts ratified and in effect, as provided. The bill would delete other related, obsolete provisions.
There is hereby created in the State Treasury a special fund called the Indian Gaming Revenue Sharing Trust Fund for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of tribal-state gaming compacts for the purpose of making distributions to eligible recipient Indian tribes. Moneys in the Indian Gaming Revenue Sharing Trust Fund shall be available to the California Gambling Control Commission, upon appropriation by the Legislature, for the purpose of making distributions to eligible recipient Indian tribes, in accordance with distribution plans specified in tribal-state gaming compacts.
SEC. 2.Section 12012.90 of the Government Code is amended to read:12012.90.For each fiscal year commencing with the 201617 fiscal year, all of the following shall apply:
(a)On or before the day of the May budget revision for each fiscal year, the California Gambling Control Commission shall determine the anticipated total amount of shortfalls in payment likely to occur in the Indian Gaming Revenue Sharing Trust Fund for the next fiscal year, and shall 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 to backfill the Indian Gaming Revenue Sharing Trust Fund for the next fiscal year. The anticipated total amount of shortfalls to be transferred from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund shall be determined by the California Gambling Control Commission as follows:
(1)The anticipated number of eligible recipient Indian tribes that will be eligible to receive payments for the next fiscal year, multiplied by one million one hundred thousand dollars ($1,100,000), with that product reduced by the amount anticipated to be paid by the tribes directly into the Indian Gaming Revenue Sharing Trust Fund for the next fiscal year.
(2)For purposes of this section and Section 12012.75, eligible recipient Indian tribe means a noncompact, nongaming, or limited-gaming tribe, as defined in the tribal-state gaming compacts ratified and in effect as provided in subdivision (f) of Section 19 of Article IV of the California Constitution.
(3)This amount shall be based upon actual payments received into the Indian Gaming Revenue Sharing Trust Fund the previous fiscal year, with adjustments made due to amendments to existing tribal-state gaming compacts or newly executed tribal-state gaming compacts with respect to payments to be made to the Indian Gaming Revenue Sharing Trust Fund.
(b)The Legislature shall transfer from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund an amount sufficient for each eligible recipient Indian tribe to receive a total not to exceed two hundred seventy-five thousand dollars ($275,000) for each quarter in the next fiscal year that an eligible recipient Indian tribe is eligible to receive moneys, for a total not to exceed one million one hundred thousand dollars ($1,100,000) for the entire fiscal year. The California Gambling Control Commission shall make quarterly payments from the Indian Gaming Revenue Sharing Trust Fund to each eligible recipient Indian tribe within 45 days of the end of each fiscal quarter.
(c)If the transfer of funds from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund results in a surplus, the funds shall remain in the Indian Gaming Revenue Sharing Trust Fund for disbursement in future years, and if necessary, adjustments shall be made to future distributions from the Indian Gaming Special Distribution Fund to the Revenue Sharing Trust Fund.
(d)In the event the amount appropriated for the fiscal year is insufficient to ensure each eligible recipient Indian tribe receives the total of two hundred seventy-five thousand dollars ($275,000) for each fiscal quarter, the Department of Finance, after consultation with the California Gambling Control Commission, shall submit to the Legislature a request for a budget augmentation for the current fiscal year with an explanation as to the reason why the amount appropriated for the fiscal year was insufficient.
(e)At the end of each fiscal quarter, the California Gambling Control Commissions Indian Gaming Revenue Sharing Trust Fund report shall include information that identifies each of the eligible recipient Indian tribes for that fiscal quarter, the amount paid into the Indian Gaming Revenue Sharing Trust Fund by each of the tribes pursuant to the applicable sections of the tribal-state gaming compact, provided that tribes contributing on a net win or gross gaming revenue basis may be aggregated in the report, and the amount necessary to backfill from the Indian Gaming Special Distribution Fund the shortfall in the Indian Gaming Revenue Sharing Trust Fund in order for each eligible recipient Indian tribe to receive the total of two hundred seventy-five thousand dollars ($275,000) for the fiscal quarter.
There is hereby created in the State Treasury a special fund called the Indian Gaming Revenue Sharing Trust Fund for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of tribal-state gaming compacts for the purpose of making distributions to eligible recipient Indian tribes. Moneys in the Indian Gaming Revenue Sharing Trust Fund shall be available to the California Gambling Control Commission, upon appropriation by the Legislature, for the purpose of making distributions to eligible recipient Indian tribes, in accordance with distribution plans specified in tribal-state gaming compacts.
SEC. 2.Section 12012.90 of the Government Code is amended to read:12012.90.For each fiscal year commencing with the 201617 fiscal year, all of the following shall apply:
(a)On or before the day of the May budget revision for each fiscal year, the California Gambling Control Commission shall determine the anticipated total amount of shortfalls in payment likely to occur in the Indian Gaming Revenue Sharing Trust Fund for the next fiscal year, and shall 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 to backfill the Indian Gaming Revenue Sharing Trust Fund for the next fiscal year. The anticipated total amount of shortfalls to be transferred from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund shall be determined by the California Gambling Control Commission as follows:
(1)The anticipated number of eligible recipient Indian tribes that will be eligible to receive payments for the next fiscal year, multiplied by one million one hundred thousand dollars ($1,100,000), with that product reduced by the amount anticipated to be paid by the tribes directly into the Indian Gaming Revenue Sharing Trust Fund for the next fiscal year.
(2)For purposes of this section and Section 12012.75, eligible recipient Indian tribe means a noncompact, nongaming, or limited-gaming tribe, as defined in the tribal-state gaming compacts ratified and in effect as provided in subdivision (f) of Section 19 of Article IV of the California Constitution.
(3)This amount shall be based upon actual payments received into the Indian Gaming Revenue Sharing Trust Fund the previous fiscal year, with adjustments made due to amendments to existing tribal-state gaming compacts or newly executed tribal-state gaming compacts with respect to payments to be made to the Indian Gaming Revenue Sharing Trust Fund.
(b)The Legislature shall transfer from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund an amount sufficient for each eligible recipient Indian tribe to receive a total not to exceed two hundred seventy-five thousand dollars ($275,000) for each quarter in the next fiscal year that an eligible recipient Indian tribe is eligible to receive moneys, for a total not to exceed one million one hundred thousand dollars ($1,100,000) for the entire fiscal year. The California Gambling Control Commission shall make quarterly payments from the Indian Gaming Revenue Sharing Trust Fund to each eligible recipient Indian tribe within 45 days of the end of each fiscal quarter.
(c)If the transfer of funds from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund results in a surplus, the funds shall remain in the Indian Gaming Revenue Sharing Trust Fund for disbursement in future years, and if necessary, adjustments shall be made to future distributions from the Indian Gaming Special Distribution Fund to the Revenue Sharing Trust Fund.
(d)In the event the amount appropriated for the fiscal year is insufficient to ensure each eligible recipient Indian tribe receives the total of two hundred seventy-five thousand dollars ($275,000) for each fiscal quarter, the Department of Finance, after consultation with the California Gambling Control Commission, shall submit to the Legislature a request for a budget augmentation for the current fiscal year with an explanation as to the reason why the amount appropriated for the fiscal year was insufficient.
(e)At the end of each fiscal quarter, the California Gambling Control Commissions Indian Gaming Revenue Sharing Trust Fund report shall include information that identifies each of the eligible recipient Indian tribes for that fiscal quarter, the amount paid into the Indian Gaming Revenue Sharing Trust Fund by each of the tribes pursuant to the applicable sections of the tribal-state gaming compact, provided that tribes contributing on a net win or gross gaming revenue basis may be aggregated in the report, and the amount necessary to backfill from the Indian Gaming Special Distribution Fund the shortfall in the Indian Gaming Revenue Sharing Trust Fund in order for each eligible recipient Indian tribe to receive the total of two hundred seventy-five thousand dollars ($275,000) for the fiscal quarter.
There is hereby created in the State Treasury a special fund called the Indian Gaming Revenue Sharing Trust Fund for the receipt and deposit of moneys derived received by the state from gaming device license fees that are paid into the fund Indian tribes pursuant to the terms of tribal-state gaming compacts for the purpose of making distributions to noncompact eligible recipient Indian tribes. Moneys in the Indian Gaming Revenue Sharing Trust Fund shall be available to the California Gambling Control Commission, upon appropriation by the Legislature, for the purpose of making distributions to noncompact eligible recipient Indian tribes, in accordance with distribution plans specified in tribal-state gaming compacts.
SEC. 2.Section 12012.90 of the Government Code is amended to read:12012.90.(a)(1)For each fiscal year commencing with the 200203 fiscal year to the 200405 fiscal year, inclusive, the California Gambling Control Commission shall determine the aggregate amount of shortfalls in payments that occurred in the Indian Gaming Revenue Sharing Trust Fund pursuant to Section 4.3.2.1 of the tribal-state gaming compacts ratified and in effect as provided in subdivision (f) of Section 19 of Article IV of the California Constitution as determined below:
(A)For each eligible recipient Indian tribe that received money for all four quarters of the fiscal year, the difference between one million one hundred thousand dollars ($1,100,000) and the actual amount paid to each eligible recipient Indian tribe during the fiscal year from the Indian Gaming Revenue Sharing Trust Fund.
(B)For each eligible recipient Indian tribe that received moneys for less than four quarters of the fiscal year, the difference between two hundred seventy-five thousand dollars ($275,000) for each quarter in the fiscal year that a recipient Indian tribe was eligible to receive moneys and the actual amount paid to each eligible recipient Indian tribe during the fiscal year from the Indian Gaming Revenue Sharing Trust Fund.
(2)For purposes of this section, eligible recipient Indian tribe means a noncompact tribe, as defined in Section 4.3.2(a)(i) of the tribal-state gaming compacts ratified and in effect as provided in subdivision (f) of Section 19 of Article IV of the California Constitution.
(b)The California Gambling Control Commission shall provide to the committee in the Senate and Assembly that considers the State Budget an estimate of the amount needed to backfill the Indian Gaming Revenue Sharing Trust Fund on or before the date of the May budget revision for each fiscal year.
(c)An eligible recipient Indian tribe may not receive an amount from the backfill appropriated following the estimate made pursuant to subdivision (b) that would give the eligible recipient Indian tribe an aggregate amount in excess of two hundred seventy-five thousand dollars ($275,000) per eligible quarter. Any funds transferred from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund that result in a surplus shall revert back to the Indian Gaming Special Distribution Fund following the authorization of the final payment of the fiscal year.
(d)Upon a transfer of moneys from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund and appropriation from the trust fund, the California Gambling Control Commission shall distribute the moneys without delay to eligible recipient Indian tribes for each quarter that a tribe was eligible to receive a distribution during the fiscal year immediately preceding.
(e)
12012.90.For each fiscal year commencing with the 200506 201617 fiscal year, all of the following shall apply and subdivisions (b) to (d), inclusive, shall not apply: apply:
(1)
(a)On or before the day of the May budget revision for each fiscal year, the California Gambling Control Commission shall determine the anticipated total amount of shortfalls in payment likely to occur in the Indian Gaming Revenue Sharing Trust Fund for the upcoming next fiscal year, and shall 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 to backfill the Indian Gaming Revenue Sharing Trust Fund for the next fiscal year. The anticipated total amount of shortfalls to be transferred from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund shall be determined by the California Gambling Control Commission as follows:
(A)
(1)The anticipated number of eligible recipient Indian tribes that will be eligible to receive payments for the next fiscal year, multiplied by one million one hundred thousand dollars ($1,100,000), with that product reduced by the amount anticipated to be paid by the tribes directly into the Indian Gaming Revenue Sharing Trust Fund for the next fiscal year.
(2)For purposes of this section and Section 12012.75, eligible recipient Indian tribe means a noncompact, nongaming, or limited-gaming tribe, as defined in the tribal-state gaming compacts ratified and in effect as provided in subdivision (f) of Section 19 of Article IV of the California Constitution.
(B)
(3)This amount shall be based upon actual payments received into the Indian Gaming Revenue Sharing Trust Fund the previous fiscal year, with adjustments made due to amendments to existing tribal-state gaming compacts or newly executed tribal-state gaming compacts with respect to payments to be made to the Indian Gaming Revenue Sharing Trust Fund.
(2)
(b)The Legislature shall transfer from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund an amount sufficient for each eligible recipient Indian tribe to receive a total not to exceed two hundred seventy-five thousand dollars ($275,000) for each quarter in the upcoming next fiscal year that an eligible recipient Indian tribe is eligible to receive moneys, for a total not to exceed one million one hundred thousand dollars ($1,100,000) for the entire fiscal year. The California Gambling Control Commission shall make quarterly payments from the Indian Gaming Revenue Sharing Trust Fund to each eligible recipient Indian tribe within 45 days of the end of each fiscal quarter.
(3)
(c)If the transfer of funds from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund results in a surplus, the funds shall remain in the Indian Gaming Revenue Sharing Trust Fund for disbursement in future years, and if necessary, adjustments shall be made to future distributions from the Indian Gaming Special Distribution Fund to the Revenue Sharing Trust Fund.
(4)
(d)In the event the amount appropriated for the fiscal year is insufficient to ensure each eligible recipient Indian tribe receives the total of two hundred seventy-five thousand dollars ($275,000) for each fiscal quarter, the Department of Finance, after consultation with the California Gambling Control Commission, shall submit to the Legislature a request for a budget augmentation for the current fiscal year with an explanation as to the reason why the amount appropriated for the fiscal year was insufficient.
(5)
(e)At the end of each fiscal quarter, the California Gambling Control Commissions Indian Gaming Revenue Sharing Trust Fund report shall include information that identifies each of the eligible recipient Indian tribes eligible to receive a distribution for that fiscal quarter, the amount paid into the Indian Gaming Revenue Sharing Trust Fund by each of the tribes pursuant to the applicable sections of the tribal-state gaming compact, provided that tribes contributing on a net win or gross gaming revenue basis may be aggregated in the report, and the amount necessary to backfill from the Indian Gaming Special Distribution Fund the shortfall in the Indian Gaming Revenue Sharing Trust Fund in order for each eligible recipient Indian tribe to receive the total of two hundred seventy-five thousand dollars ($275,000) for the fiscal quarter.
|
Date
|
Status
|
|---|---|
| May 12, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0.) |
| Jul 25, 2016 | Chaptered by Secretary of State - Chapter 110, Statutes of 2016. |
| Jul 25, 2016 | Approved by the Governor. |
| Jul 11, 2016 | Enrolled and presented to the Governor at 4:30 p.m. |
| Jun 30, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 4643.). |
| Jun 30, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Jun 30, 2016 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jun 15, 2016 | Read second time. Ordered to Consent Calendar. |
| Jun 14, 2016 | From committee: Do pass. To Consent Calendar. (Ayes 12. Noes 0.) (June 14). |
| Jun 8, 2016 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| May 19, 2016 | Referred to Com. on G.O. |
| Mar 17, 2016 | Read first time. To print. |
| May 12, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 4791.) |
| May 12, 2016 | Read third time. Passed. Ordered to the Senate. |
| May 12, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 9, 2016 | Read second time. Ordered to Consent Calendar. |
| May 5, 2016 | From committee: Do pass. To Consent Calendar. (Ayes 21. Noes 0.) (May 5). |
| May 2, 2016 | Joint Rule 62(a), file notice suspended. (Page 4614.) |
| May 2, 2016 | Joint Rule 62(a), file notice suspended. |
| Mar 28, 2016 | Referred to Com. on G.O. |
| Mar 18, 2016 | From printer. May be heard in committee April 17. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 30, 2016 | Consent Calendar 2nd AB2914 Committee On G.O. (Hall) | Senate Floor |
Passed |
|
| Jun 14, 2016 | Do pass and be ordered to the Consent Calendar | Senate Standing Committee on Governmental Organization |
Passed |
|
| May 12, 2016 | AB 2914 G.O. Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 5, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Governmental Organization |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| County Health Executives Association | * Support | Jun 26, 2018 |
| Health Officers Association Of California | * Support | Jun 26, 2018 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
CONSENT
Bill No: AB 2914
:
SENATE GOVERNMENTAL ORG. COMMITTEE: 12-0, 6/14/16
AYES: Hall, Bates, Block, Gaines, Galgiani, Glazer, Hernandez, Hill, Hueso, Lara, McGuire, Vidak
NO VOTE RECORDED: Berryhill
ASSEMBLY FLOOR: 78-0, 5/12/16 (Consent) - See last page for vote
DIGEST: This bill clarifies provisions in existing law relating to the Indian Gaming Revenue Sharing Trust Fund (RSTF) for the purpose of making distribution to eligible recipient Indian tribes.
ANALYSIS:
Existing law:
- Provides, under the Indian Gaming Regulatory Act of 1988, 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.
- Authorizes, under the California Constitution, the Governor to negotiate and conclude compacts, subject to ratification by the Legislature.
- Ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes.
- Establishes the RSTF 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 noncompact tribes. Funds deposited into the RSTF are distributed to certain federally recognized Indian tribes that either do not operate casinos or operate casinos with less than 350 slot machines. These tribes generally receive $1.1 million annually.
- Provides that moneys in the RSTF are available to the California Gambling Control Commission (CGCC), upon appropriation by the Legislature, for the purpose of making those distributions in accordance with plans specified in tribal-state gaming compacts.
- 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 in the RSTF for the next fiscal year, and to provide to the committee in the Senate and Assembly that consider the State Budget an estimate of the amount needed to transfer from the Indian Gaming Special Distribution Fund (SDF) to backfill the RSTF for the next fiscal year.
- Requires, at the end of each fiscal quarter, the CGCC’s RSTF report to include specified information, including, among other things, the amount paid into the RSTF by each of the tribes pursuant to the applicable sections of the tribal-state gaming compact.
- Requires the CGCC to determine the amount of money needed to be transferred from the SDF to the RTSF to ensure that each eligible recipient Indian tribe receives a specified amount of the funds.
- Defines “eligible recipient tribe” for the purposes to mean a noncompact tribe, as specified. Those compacts define “noncompact tribe” to mean a federally recognized tribe that operates fewer than 350 gaming devices.
This bill:
- Clarifies provisions in current law relating to the RTSF for the purpose of making distributions to eligible recipient Indian tribes, in accordance with distribution plans specified in tribal-state gaming compacts.
- Provides that tribes contributing to the RTSF on a net win or gross revenue basis may be aggregated in the quarterly report, as described.
- Clarifies that an “eligible recipient Indian tribe” means a concompact, nongaming, or limited-gaming tribe, as defined in the tribal-state gaming compacts ratified and in effect, as provided.
- Deletes other related, obsolete provisions.
- Makes technical and clarifying changes.
Background
Purpose of the bill. This bill represents the annual Assembly Governmental Organization Committee bill that makes technical, clarifying, 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.
Indian Gaming Revenue Sharing Trust Fund. Pursuant to the various tribal-state gaming compacts, tribes are requires to make payments to the RSTF. The CGCC, as the trustee of the RSTF, is required to make quarterly distributions from the RSTF to eligible recipient Indian tribes that include noncompact tribes or nongaming and limited-gaming Tribes. Each eligible tribe receives $275,000 quarterly, for an annual total distribution of $1.1 million per eligible tribe. Existing law authorizes moneys in the SDF to be used to make payments to eligible recipient Indian tribes for shortfalls that occur in the RSTF.
Prior/Related Legislation
AB 1355 (Gray, 2015) specifies 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 the Senate Governmental Organization Committee)
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
None received
OPPOSITION: (Verified 6/14/16)
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
6/20/16 11:26:50
**** END ****
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Isadore Hall, III
Chair
2015 - 2016 Regular
Bill No: AB Hearing Date: 6/14/2016
Author: | Committee on Governmental Organization | ||
Version: | Introduced | ||
Urgency: | Fiscal: | ||
Consultant: | |||
SUBJECT:
DIGEST: This bill clarifies provisions in current law relating to the Indian Gaming Revenue Sharing Trust Fund (RSTF) for the purpose of making distribution to eligible recipient Indian tribes.
ANALYSIS:
Existing law:
- Provides, under the Indian Gaming Regulatory Act of 1988, 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.
- Authorizes, under the California Constitution, the Governor to negotiate and conclude compacts, subject to ratification by the Legislature.
- Ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes.
- Establishes the RSTF 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 noncompact tribes. Funds deposited into the RSTF are distributed to certain federally recognized Indian tribes that either do not operate casinos or operate casinos with less than 350 slot machines. These tribes generally receive $1.1 million annually.
- Provides that moneys in the RSTF are available to the California Gambling Control Commission (CGCC), upon appropriation by the Legislature, for the purpose of making those distributions in accordance with plans specified in tribal-state gaming compacts.
- 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 in the RSTF for the next fiscal year, and to provide to the committee in the Senate and Assembly that consider the State Budget an estimate of the amount needed to transfer from the Indian Gaming Special Distribution Fund (SDF) to backfill the RSTF for the next fiscal year.
- Requires, at the end of each fiscal quarter, the CGCC’s RSTF report to include specified information, including, among other things, the amount paid into the RSTF by each of the tribes pursuant to the applicable sections of the tribal-state gaming compact.
- Requires the CGCC to determine the amount of money needed to be transferred from the SDF to the RTSF to ensure that each eligible recipient Indian tribe receives a specified amount of the funds.
- Defines “eligible recipient tribe” for the purposes to mean a noncompact tribe, as specified. Those compacts define “noncompact tribe” to mean a federally recognized tribe that operates fewer than 350 gaming devices.
This bill:
- Clarifies provisions in current law relating to the RTSF for the purpose of making distributions to eligible recipient Indian tribes, in accordance with distribution plans specified in tribal-state gaming compacts.
- Provides that tribes contributing to the RTSF on a net win or gross revenue basis may be aggregated in the quarterly report, as described.
- Clarifies that an “eligible recipient Indian tribe” means a concompact, nongaming, or limited-gaming tribe, as defined in the tribal-state gaming compacts ratified and in effect, as provided.
- Deletes other related, obsolete provisions.
- Makes technical and clarifying changes.
Background
Purpose of the bill. The bill represents the annual Assembly Governmental Organization Committee bill that makes technical, clarifying, 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.
Indian Gaming Revenue Sharing Trust Fund. Pursuant to the various tribal-state gaming compacts, tribes are requires to make payments to the RSTF. The CGCC, as the trustee of the RSTF, is required to make quarterly distributions from the RSTF to eligible recipient Indian tribes that include noncompact tribes or nongaming and limited-gaming Tribes. Each eligible tribe receives $275,000 quarterly, for an annual total distribution of $1.1 million per eligible tribe. Existing law authorize moneys in the SDF to be used to make payments to eligible recipient Indian tribes for shortfalls that occur in the RSTF.
For Fiscal Year 2016-17, the CGCC estimates that 73 tribes will be eligible for RSTF distributions of $1.1 million each, for total estimated RSTF payments of $80.3 million. RSTF revenues for FY 2016-17 are projected to total approximately $64.8 million.
Prior/Related Legislation
AB 1355 (Gray, 2015) specifies 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 Governmental Organization Committee)
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT:
None received
OPPOSITION:
None received
Date of Hearing: May 5, 2016
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Adam Gray, Chair
ABPCA Bill Id:AB 2914 (
Author:Committee on Governmental Organization) – As Introduced Ver: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.
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 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, 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:
Support
None on file
Opposition
None on file
Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531
Discussed in Hearing
4MIN
Senate Standing Committee on Governmental Organization
Bill Author
Bill Co-Author(s):