Bill Text: CA AB1729 | 2015-2016 | Regular Session | Amended
Bill Title: Gaming Policy Advisory Committee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB1729 Detail]
Download: California-2015-AB1729-Amended.html
BILL NUMBER: AB 1729 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 15, 2016
INTRODUCED BY Assembly Member Waldron
JANUARY 28, 2016
An act to amend Section 12012.85 19817
of the Government Business and
Professions Code, relating to gaming.
LEGISLATIVE COUNSEL'S DIGEST
AB 1729, as amended, Waldron. Tribal gaming: regulatory
costs. Gaming Policy Advisory Committee.
Existing law, the Gambling Control Act, provides for the licensure
and regulation of various legalized gambling activities and
establishments by the California Gambling Control Commission and the
investigation and enforcement of those activities and establishments
by the Department of Justice. Existing law requires the commission to
establish a 10-member Gaming Policy Advisory Committee for the
purpose of discussing matters of controlled gambling regulatory
policy and other relevant gambling-related issues. The committee is
composed of representatives of controlled gambling licensees and
members of the general public in equal numbers.
This bill would increase the membership of the committee from 10
to 12 members.
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
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 19817 of the
Business and Professions Code is amended to read:
19817. The commission shall establish and appoint a Gaming Policy
Advisory Committee of 10 12 members.
The committee shall be composed of representatives of controlled
gambling licensees and members of the general public in equal
numbers. The executive director shall, from time to time, convene the
committee for the purpose of discussing matters of controlled
gambling regulatory policy and any other relevant gambling-related
issue. The recommendations concerning gambling policy made by the
committee shall be presented to the commission, but shall be deemed
advisory and not binding on the commission in the performance of its
duties or functions. The committee may shall
not advise the commission on Indian gaming.
SECTION 1. Section 12012.85 of the Government
Code is amended to read:
12012.85. There is hereby created in the State Treasury a fund
called 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 tribal-state gaming compacts. These moneys
shall be available for appropriation by the Legislature for the
following purposes:
(a) Grants, including any administrative costs, for programs
designed to address gambling addiction.
(b) Grants, including any administrative costs, for the support of
state and local government agencies impacted by tribal government
gaming.
(c) Compensation for regulatory costs incurred by the State Gaming
Agency and the Department of Justice in connection with implementing
and administering tribal-state gaming compacts.
(d) Payment of shortfalls that may occur in the Indian Gaming
Revenue Sharing Trust Fund. This shall be the priority use of moneys
in the Indian Gaming Special Distribution Fund.
(e) Disbursements for the purpose of implementing the terms of
tribal labor relations ordinances promulgated in accordance with the
terms of tribal-state gaming compacts ratified pursuant to Chapter
874 of the Statutes of 1999. No more than 10 percent of the funds
appropriated in the Budget Act of 2000 for implementation of tribal
labor relations ordinances promulgated in accordance with those
compacts shall be expended in the selection of the Tribal Labor
Panel. The Department of Human Resources shall consult with and seek
input from the parties prior to any expenditure for purposes of
selecting the Tribal Labor Panel. Other than the cost of selecting
the Tribal Labor Panel, there shall be no further disbursements until
the Tribal Labor Panel, which is selected by mutual agreement of the
parties, is in place.
(f) Any other purpose specified by law.
(g) Priority for funding from the Indian Gaming Special
Distribution Fund is in the following descending order:
(1) An appropriation to the Indian Gaming Revenue Sharing Trust
Fund in an aggregate amount sufficient to make payments of any
shortfalls that may occur in the Indian Gaming Revenue Sharing Trust
Fund.
(2) An appropriation to the Office of Problem and Pathological
Gambling within the State Department of Public Health for problem
gambling prevention programs.
(3) The amount appropriated in the annual Budget Act for
allocation between the Department of Justice and the California
Gambling Control Commission for regulatory functions that directly
relates to Indian gaming.
(4) An appropriation for the support of local government agencies
impacted by tribal gaming.
