Bill Text: CA AB2198 | 2009-2010 | Regular Session | Amended
Bill Title: Tribal gaming: local agencies.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-05-28 - In committee: Set, second hearing. Held under submission. [AB2198 Detail]
Download: California-2009-AB2198-Amended.html
BILL NUMBER: AB 2198 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2010
INTRODUCED BY Assembly Member Cook
FEBRUARY 18, 2010
An act to amend Section 12012.90 of the Government Code,
relating to tribal gaming. An act relating to tribal
gaming, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2198, as amended, Cook. Tribal gaming: revenue
sharing. local agencies.
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 certain 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 provides for the transfer of moneys from the Indian
Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing
Trust Fund under certain circumstances. Existing law provides that,
if that transfer 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 .
Existing law authorizes moneys in that fund to be used for specified
purposes, including for grants for the support of state and local
government agencies impacted by tribal government gaming .
Existing law, until January 1, 2021, creates a County Tribal
Casino Account in the treasury of each county that contains a tribal
casino. Existing law requires the Controller to divide the County
Tribal Casino Account for each county that has gaming devices that
are subject to an obligation to make contributions to the Indian
Gaming Special Distribution Fund into a separate account, known as an
Individual Tribal Casino Account, for each tribe that operates a
casino within the county. Each Individual Tribal Casino Account is
required to be funded in proportion to the amount that each
individual tribe paid in the prior fiscal year to the Indian Gaming
Special Distribution Fund, and used for grants to local agencies
impacted by tribal casinos, as specified.
This bill would appropriate $30,000,000 from the Indian Gaming
Special Distribution Fund to restore funding deleted from the Budget
Act of 2007 for the purpose of providing grants to local government
agencies impacted by tribal government gaming under the provisions
described above.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) The Legislature appropriated thirty million two hundred
eighty-three thousand dollars ($30,283,000) in Item 0855-101-0367 of
the Budget Act of 2007 for the purpose of providing grants to local
government agencies to mitigate impacts from tribal government
gaming.
(b) The Governor deleted thirty million dollars ($30,000,000) for
grants to local government agencies, citing a Bureau of State Audits
report finding in which some local governments were not using grant
moneys for their sole intended purpose.
(c) In 2008, the Legislature passed, and the Governor signed into
law, Assembly Bill 158, enacting several recommendations from the
Bureau of State Audits to help ensure grant funds be spent for their
intended purpose.
SEC. 2. The sum of thirty million dollars
($30,000,000) is hereby appropriated from the Indian Gaming Special
Distribution Fund to restore funding deleted from the Budget Act of
2007 for the purpose of providing grants to local government agencies
pursuant to Section 12715 of the Government Code. For the purpose of
this specific appropriation, distribution of appropriations to local
government agencies impacted by tribal gaming shall be in accordance
with the method for determining appropriations into individual
tribal casino accounts in effect in the 2006-07 fiscal year, and
based on payments made into the Indian Gaming Special Distribution
Fund in the 2006-07 fiscal year.
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 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) For each fiscal year commencing with the 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 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 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 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 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 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 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 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 tribe pursuant to this section.
