Bill Text: CA SB1483 | 2009-2010 | Regular Session | Introduced

California Senate Bill 1483 (Prior Session Legislation)

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

Bill Title: Multifamily improvement districts.

Spectrum: Slight Partisan Bill (Democrat 8-3)

Status: (Passed) 2010-09-27 - Chaptered by Secretary of State. Chapter 339, Statutes of 2010. [SB1483 Detail]

Download: California-2009-SB1483-Introduced.html

BILL NUMBER: SB 1483	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Governmental Organization (Senators
Wright (Chair), Calderon, Denham, Florez, Harman, Negrete McLeod,
Oropeza, Padilla, Price, Wyland, and Yee)

                        MARCH 8, 2010

   An act to amend Section 12012.90 of the Government Code, relating
to gaming.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1483, as introduced, Committee on Governmental Organization.
Indian gaming.
   Existing law creates in the State Treasury the Indian Gaming
Revenue Sharing Trust Fund and 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, and authorizes moneys in those funds to be used
for certain purposes. Existing law defines "eligible recipient Indian
tribe" by reference to certain tribal-state gaming compacts for
purposes of calculating the amount of money needed to be transferred
from the Indian Gaming Special Distribution Fund to the Indian Gaming
Revenue Sharing Trust Fund for distribution to noncompact tribes.
   This bill would modify that definition to specify that "eligible
recipient Indian tribe" means a federally recognized Indian tribe
that operates fewer than 350 gaming devices.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12012.90 of the Government Code is amended to
read:
   12012.90.  (a) (1) For each fiscal year commencing with the
2002-03 fiscal year to the  2004-05   2004-05
 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   federally recognized Indian
tribe that operates fewer than 350 gaming devices  .
   (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) For each fiscal year commencing with the  2005-06
  2005-06  fiscal year, all of the following shall
apply and subdivisions (b) to (d), inclusive, shall not apply:
   (1) 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 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) 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 fiscal year.
   (B) 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 compacts or newly executed tribal-state compacts with
respect to payments to be made to the Indian Gaming Revenue Sharing
Trust Fund.
   (2) 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 fiscal year 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) 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
 Indian Gaming  Revenue Sharing Trust Fund.
   (4) 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) At the end of each fiscal quarter, the California Gambling
Control Commission's 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 compact, 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.
   (6) Based upon the projected shortfall in the Indian Gaming
Revenue Sharing Trust Fund, for the  2005-06  
2005-06  fiscal year, the sum of fifty million dollars
($50,000,000) is hereby transferred from the Indian Gaming Special
Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund and
is hereby appropriated from that fund to the California Gambling
Control Commission for distribution to each eligible recipient 
Indian  tribe pursuant to this section.