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

California Assembly Bill 1935

CA State Legislature page for AB1935

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

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

Amended IN Assembly May 16, 2024

Amended IN Assembly April 11, 2024

Amended IN Assembly March 18, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1935

Introduced by Assembly Member Blanca Rubio

January 25, 2024

An act to add Section 12012.91 to the Government Code, relating to tribal ~~gaming.~~ gaming, and declaring the urgency thereof, to take effect immediately.

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 period of time to be determined by the Legislature,~~ for the 2-year period from July 1, 2023, through June 30, 2025, 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, 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.~~

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ~~MAJORITY~~2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO

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 a period of time, as determined by the Legislature.~~ for the period of time from the quarter beginning on July 1, 2023 to the quarter ending on June 30, 2025, inclusive.

(b) Notwithstanding any other law, the California Gambling Control Commission 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).

SEC. 2.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to enhance the economic development, stability, and self-sufficiency of the tribes, and to protect the interests of the California public at the earliest possible time, it is necessary that this act take effect immediately.