Bill Text: CA AB1935 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Gaming: Indian Gaming Special Distribution Fund.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2024-07-15 - Chaptered by Secretary of State - Chapter 93, Statutes of 2024. [AB1935 Detail]

Download: California-2023-AB1935-Amended.html

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Amended  IN  Assembly  April 11, 2024

Amended  IN  Assembly  March 18, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1935

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Introduced by Assembly Member Blanca Rubio

January 25, 2024

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An act to add Section 12012.91 to the Government Code, relating to tribal gaming.

LEGISLATIVE COUNSEL'S DIGEST

AB 1935, as amended, Blanca Rubio. Gaming: Indian Gaming Special Distribution Fund.

Existing law establishes 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, to be available for appropriation by the Legislature for programs designed to address gambling addiction, for support of state and local government agencies impacted by tribal gaming, for regulatory costs incurred by the state in connection with the implementation and administration of tribal gaming, and for payment of shortfalls in the Indian Gaming Revenue Sharing Trust Fund.

Existing law requires the Department of Finance, in consultation with the California Gambling Control Commission, to annually determine if total revenues estimated for the Indian Gaming Special Distribution Fund are anticipated to exceed estimated expenditures, transfers, reasonable reserves, or other adjustments from the fund for the current fiscal year. If so, the commission, upon approval by the department, is required to apply the excess funds to reduce, eliminate, satisfy, or partially satisfy, on a proportionate basis, the pro rata share payments required to be made to the fund by limited gaming tribes.

This bill would, for a specified period of time, period of time to be determined by the Legislature, suspend the payment or collection of any quarterly payments required to be made by any gaming tribe to the fund pursuant to a tribal gaming compact, and would additionally require the commission commission, at the discretion of the Legislature, to refund any quarterly payment due during that time period that was already made. The bill would require that the total sum of all moneys not collected or refunded pursuant to these provisions not exceed $83,100,000 and not be less than $20,000,000.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 12012.91 is added to the Government Code, to read:

12012.91.

 (a) Notwithstanding any other law and notwithstanding the terms of any tribal-state gaming compact, no tribe shall be required to pay, nor shall the state or any department, agency, or other entity thereof collect, any payment into the Indian Gaming Special Distribution Fund that is due from a tribe for the period of time commencing with the quarter beginning on ____ until the quarter ending on ____. a period of time, as determined by the Legislature.

(b) Notwithstanding any other law, the California Gambling Control Commission shall shall, at the discretion of the Legislature, refund any payment already paid by a tribe into the Indian Gaming Special Distribution Fund that was due during the period of time described in subdivision (a).

(c) As used in this section, “tribe” means a federally recognized tribe that is conducting gaming operations in California pursuant to either a tribal-state class III gaming compact with the state or procedures issued by the Secretary of the United States Department of the Interior pursuant to Section 2710(d)(7)(B)(vii) of Title 25 of the United States Code.

(d) The total sum of all moneys not collected or refunded pursuant to this section shall not exceed eighty-three million and one-hundred thousand dollars ($83,100,000) and shall not be less than twenty million dollars ($20,000,000).