Amended IN Assembly March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1935Introduced by Assembly Member Blanca RubioJanuary 25, 2024 An act to add Section 12012.91 to the Government Code, relating to tribal gaming. LEGISLATIVE COUNSEL'S DIGESTAB 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, 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 to refund any quarterly payment due during that time period that was already made.This bill would express the intent of the Legislature to enact legislation to reduce the current balance in the Indian Gaming Special Distribution Fund pursuant to tribal-state gaming compacts while maintaining sufficient balances to meet the requirements or stipulations of those compacts and existing law.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe 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 ____.(b) Notwithstanding any other law, the California Gambling Control Commission shall 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.SECTION 1.It is the intent of the Legislature to enact legislation to reduce the current balance in the Indian Gaming Special Distribution Fund pursuant to tribal-state gaming compacts, while maintaining sufficient balances to meet the requirements or stipulations of those compacts and Section 12012.85 of the Government Code.
Amended IN Assembly March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1935Introduced by Assembly Member Blanca RubioJanuary 25, 2024 An act to add Section 12012.91 to the Government Code, relating to tribal gaming. LEGISLATIVE COUNSEL'S DIGESTAB 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, 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 to refund any quarterly payment due during that time period that was already made.This bill would express the intent of the Legislature to enact legislation to reduce the current balance in the Indian Gaming Special Distribution Fund pursuant to tribal-state gaming compacts while maintaining sufficient balances to meet the requirements or stipulations of those compacts and existing law.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 18, 2024
Amended IN Assembly March 18, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1935
Introduced by Assembly Member Blanca RubioJanuary 25, 2024
Introduced by Assembly Member Blanca Rubio
January 25, 2024
An act to add Section 12012.91 to the Government Code, relating to tribal gaming.
LEGISLATIVE COUNSEL'S DIGEST
## 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, 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 to refund any quarterly payment due during that time period that was already made.This bill would express the intent of the Legislature to enact legislation to reduce the current balance in the Indian Gaming Special Distribution Fund pursuant to tribal-state gaming compacts while maintaining sufficient balances to meet the requirements or stipulations of those compacts and existing law.
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, 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 to refund any quarterly payment due during that time period that was already made.
This bill would express the intent of the Legislature to enact legislation to reduce the current balance in the Indian Gaming Special Distribution Fund pursuant to tribal-state gaming compacts while maintaining sufficient balances to meet the requirements or stipulations of those compacts and existing law.
## Digest Key
## 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 ____.(b) Notwithstanding any other law, the California Gambling Control Commission shall 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.SECTION 1.It is the intent of the Legislature to enact legislation to reduce the current balance in the Indian Gaming Special Distribution Fund pursuant to tribal-state gaming compacts, while maintaining sufficient balances to meet the requirements or stipulations of those compacts and Section 12012.85 of the Government Code.
The people of the State of California do enact as follows:
## 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 ____.(b) Notwithstanding any other law, the California Gambling Control Commission shall 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.
SECTION 1. Section 12012.91 is added to the Government Code, to read:
### SECTION 1.
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 ____.(b) Notwithstanding any other law, the California Gambling Control Commission shall 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.
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 ____.(b) Notwithstanding any other law, the California Gambling Control Commission shall 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.
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 ____.(b) Notwithstanding any other law, the California Gambling Control Commission shall 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.
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 ____.
(b) Notwithstanding any other law, the California Gambling Control Commission shall 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.
It is the intent of the Legislature to enact legislation to reduce the current balance in the Indian Gaming Special Distribution Fund pursuant to tribal-state gaming compacts, while maintaining sufficient balances to meet the requirements or stipulations of those compacts and Section 12012.85 of the Government Code.