| 1 | 1 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 351Introduced by Senator RothFebruary 08, 2023 An act to amend Section 12012.85 of the Government Code, relating to gaming. LEGISLATIVE COUNSEL'S DIGESTSB 351, as introduced, Roth. Tribal gaming.Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude compacts, subject to ratification by the Legislature.Existing law ratifies a number of tribal-state gaming compacts between the State of California and specified Indian tribes. Existing law creates in the State Treasury 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. Existing law authorizes moneys in that fund to be appropriated for certain purposes, and establishes an order of priority for funding, including, prioritizing an appropriation to the Office of Problem Gambling within the State Department of Public Health for problem gambling prevention programs.This bill would instead prioritize an appropriation to the Office of Problem Gambling for developing and providing, for the people of California, quality statewide prevention and treatment programs and services to address gambling disorder. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12012.85 of the Government Code is amended to read:12012.85. (a) There is hereby created in the State Treasury a fund called 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. These moneys shall be available for appropriation by the Legislature for the following purposes:(a)(1) Grants, including any administrative costs, for programs designed to address gambling addiction.(b)(2) Grants, including any administrative costs, for the support of state and local government agencies impacted by tribal government gaming.(c)(3) Compensation for regulatory costs incurred by the State Gaming Agency state gaming agency and the Department of Justice in connection with the implementation and administration of implementing and administering tribal-state gaming compacts.(d)(4) Payment of shortfalls that may occur in the Indian Gaming Revenue Sharing Trust Fund. This shall be the priority use of moneys in the Indian Gaming Special Distribution Fund.(e)(5) Disbursements for the purpose of implementing the terms of tribal labor relations ordinances promulgated in accordance with the terms of tribal-state gaming compacts ratified pursuant to Chapter 874 of the Statutes of 1999. No more than 10 percent of the funds appropriated in the Budget Act of 2000 for implementation of tribal labor relations ordinances promulgated in accordance with those compacts shall be expended in the selection of the Tribal Labor Panel. The Department of Human Resources shall consult with and seek input from the parties prior to any expenditure for purposes of selecting the Tribal Labor Panel. Other than the cost of selecting the Tribal Labor Panel, there shall be no further disbursements until the Tribal Labor Panel, which is selected by mutual agreement of the parties, is in place.(f)(6) Any other purpose specified by law.(g)(b) Priority for funding from the Indian Gaming Special Distribution Fund is in the following descending order:(1) An appropriation to the Indian Gaming Revenue Sharing Trust Fund in an aggregate amount sufficient to make payments of any shortfalls that may occur in the Indian Gaming Revenue Sharing Trust Fund.(2) An appropriation to the Office of Problem and Pathological Gambling within the State Department of Alcohol and Drug Programs Public Health for problem gambling prevention programs. developing and providing, for the people of California, quality statewide prevention and treatment programs and services to address gambling disorder.(3) The amount appropriated in the annual Budget Act for allocation between the Department of Justice and the California Gambling Control Commission for regulatory functions that directly relates relate to Indian gaming.(4) An appropriation for the support of local government agencies impacted by tribal Indian gaming. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 351Introduced by Senator RothFebruary 08, 2023 An act to amend Section 12012.85 of the Government Code, relating to gaming. LEGISLATIVE COUNSEL'S DIGESTSB 351, as introduced, Roth. Tribal gaming.Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude compacts, subject to ratification by the Legislature.Existing law ratifies a number of tribal-state gaming compacts between the State of California and specified Indian tribes. Existing law creates in the State Treasury 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. Existing law authorizes moneys in that fund to be appropriated for certain purposes, and establishes an order of priority for funding, including, prioritizing an appropriation to the Office of Problem Gambling within the State Department of Public Health for problem gambling prevention programs.This bill would instead prioritize an appropriation to the Office of Problem Gambling for developing and providing, for the people of California, quality statewide prevention and treatment programs and services to address gambling disorder. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION |
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| 11 | 11 | | Senate Bill |
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| 12 | 12 | | |
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| 13 | 13 | | No. 351 |
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| 15 | 15 | | Introduced by Senator RothFebruary 08, 2023 |
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| 16 | 16 | | |
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| 17 | 17 | | Introduced by Senator Roth |
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| 18 | 18 | | February 08, 2023 |
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| 19 | 19 | | |
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| 20 | 20 | | An act to amend Section 12012.85 of the Government Code, relating to gaming. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | SB 351, as introduced, Roth. Tribal gaming. |
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| 27 | 27 | | |
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| 28 | 28 | | Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude compacts, subject to ratification by the Legislature.Existing law ratifies a number of tribal-state gaming compacts between the State of California and specified Indian tribes. Existing law creates in the State Treasury 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. Existing law authorizes moneys in that fund to be appropriated for certain purposes, and establishes an order of priority for funding, including, prioritizing an appropriation to the Office of Problem Gambling within the State Department of Public Health for problem gambling prevention programs.This bill would instead prioritize an appropriation to the Office of Problem Gambling for developing and providing, for the people of California, quality statewide prevention and treatment programs and services to address gambling disorder. |
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| 30 | 30 | | Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude compacts, subject to ratification by the Legislature. |
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| 32 | 32 | | Existing law ratifies a number of tribal-state gaming compacts between the State of California and specified Indian tribes. Existing law creates in the State Treasury 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. Existing law authorizes moneys in that fund to be appropriated for certain purposes, and establishes an order of priority for funding, including, prioritizing an appropriation to the Office of Problem Gambling within the State Department of Public Health for problem gambling prevention programs. |
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| 34 | 34 | | This bill would instead prioritize an appropriation to the Office of Problem Gambling for developing and providing, for the people of California, quality statewide prevention and treatment programs and services to address gambling disorder. |
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| 35 | 35 | | |
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| 36 | 36 | | ## Digest Key |
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| 37 | 37 | | |
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| 38 | 38 | | ## Bill Text |
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| 39 | 39 | | |
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| 40 | 40 | | The people of the State of California do enact as follows:SECTION 1. Section 12012.85 of the Government Code is amended to read:12012.85. (a) There is hereby created in the State Treasury a fund called 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. These moneys shall be available for appropriation by the Legislature for the following purposes:(a)(1) Grants, including any administrative costs, for programs designed to address gambling addiction.(b)(2) Grants, including any administrative costs, for the support of state and local government agencies impacted by tribal government gaming.(c)(3) Compensation for regulatory costs incurred by the State Gaming Agency state gaming agency and the Department of Justice in connection with the implementation and administration of implementing and administering tribal-state gaming compacts.(d)(4) Payment of shortfalls that may occur in the Indian Gaming Revenue Sharing Trust Fund. This shall be the priority use of moneys in the Indian Gaming Special Distribution Fund.(e)(5) Disbursements for the purpose of implementing the terms of tribal labor relations ordinances promulgated in accordance with the terms of tribal-state gaming compacts ratified pursuant to Chapter 874 of the Statutes of 1999. No more than 10 percent of the funds appropriated in the Budget Act of 2000 for implementation of tribal labor relations ordinances promulgated in accordance with those compacts shall be expended in the selection of the Tribal Labor Panel. The Department of Human Resources shall consult with and seek input from the parties prior to any expenditure for purposes of selecting the Tribal Labor Panel. Other than the cost of selecting the Tribal Labor Panel, there shall be no further disbursements until the Tribal Labor Panel, which is selected by mutual agreement of the parties, is in place.(f)(6) Any other purpose specified by law.(g)(b) Priority for funding from the Indian Gaming Special Distribution Fund is in the following descending order:(1) An appropriation to the Indian Gaming Revenue Sharing Trust Fund in an aggregate amount sufficient to make payments of any shortfalls that may occur in the Indian Gaming Revenue Sharing Trust Fund.(2) An appropriation to the Office of Problem and Pathological Gambling within the State Department of Alcohol and Drug Programs Public Health for problem gambling prevention programs. developing and providing, for the people of California, quality statewide prevention and treatment programs and services to address gambling disorder.(3) The amount appropriated in the annual Budget Act for allocation between the Department of Justice and the California Gambling Control Commission for regulatory functions that directly relates relate to Indian gaming.(4) An appropriation for the support of local government agencies impacted by tribal Indian gaming. |
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| 42 | 42 | | The people of the State of California do enact as follows: |
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| 44 | 44 | | ## The people of the State of California do enact as follows: |
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| 46 | 46 | | SECTION 1. Section 12012.85 of the Government Code is amended to read:12012.85. (a) There is hereby created in the State Treasury a fund called 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. These moneys shall be available for appropriation by the Legislature for the following purposes:(a)(1) Grants, including any administrative costs, for programs designed to address gambling addiction.(b)(2) Grants, including any administrative costs, for the support of state and local government agencies impacted by tribal government gaming.(c)(3) Compensation for regulatory costs incurred by the State Gaming Agency state gaming agency and the Department of Justice in connection with the implementation and administration of implementing and administering tribal-state gaming compacts.(d)(4) Payment of shortfalls that may occur in the Indian Gaming Revenue Sharing Trust Fund. This shall be the priority use of moneys in the Indian Gaming Special Distribution Fund.(e)(5) Disbursements for the purpose of implementing the terms of tribal labor relations ordinances promulgated in accordance with the terms of tribal-state gaming compacts ratified pursuant to Chapter 874 of the Statutes of 1999. No more than 10 percent of the funds appropriated in the Budget Act of 2000 for implementation of tribal labor relations ordinances promulgated in accordance with those compacts shall be expended in the selection of the Tribal Labor Panel. The Department of Human Resources shall consult with and seek input from the parties prior to any expenditure for purposes of selecting the Tribal Labor Panel. Other than the cost of selecting the Tribal Labor Panel, there shall be no further disbursements until the Tribal Labor Panel, which is selected by mutual agreement of the parties, is in place.(f)(6) Any other purpose specified by law.(g)(b) Priority for funding from the Indian Gaming Special Distribution Fund is in the following descending order:(1) An appropriation to the Indian Gaming Revenue Sharing Trust Fund in an aggregate amount sufficient to make payments of any shortfalls that may occur in the Indian Gaming Revenue Sharing Trust Fund.(2) An appropriation to the Office of Problem and Pathological Gambling within the State Department of Alcohol and Drug Programs Public Health for problem gambling prevention programs. developing and providing, for the people of California, quality statewide prevention and treatment programs and services to address gambling disorder.(3) The amount appropriated in the annual Budget Act for allocation between the Department of Justice and the California Gambling Control Commission for regulatory functions that directly relates relate to Indian gaming.(4) An appropriation for the support of local government agencies impacted by tribal Indian gaming. |
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| 48 | 48 | | SECTION 1. Section 12012.85 of the Government Code is amended to read: |
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| 50 | 50 | | ### SECTION 1. |
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| 52 | 52 | | 12012.85. (a) There is hereby created in the State Treasury a fund called 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. These moneys shall be available for appropriation by the Legislature for the following purposes:(a)(1) Grants, including any administrative costs, for programs designed to address gambling addiction.(b)(2) Grants, including any administrative costs, for the support of state and local government agencies impacted by tribal government gaming.(c)(3) Compensation for regulatory costs incurred by the State Gaming Agency state gaming agency and the Department of Justice in connection with the implementation and administration of implementing and administering tribal-state gaming compacts.(d)(4) Payment of shortfalls that may occur in the Indian Gaming Revenue Sharing Trust Fund. This shall be the priority use of moneys in the Indian Gaming Special Distribution Fund.(e)(5) Disbursements for the purpose of implementing the terms of tribal labor relations ordinances promulgated in accordance with the terms of tribal-state gaming compacts ratified pursuant to Chapter 874 of the Statutes of 1999. No more than 10 percent of the funds appropriated in the Budget Act of 2000 for implementation of tribal labor relations ordinances promulgated in accordance with those compacts shall be expended in the selection of the Tribal Labor Panel. The Department of Human Resources shall consult with and seek input from the parties prior to any expenditure for purposes of selecting the Tribal Labor Panel. Other than the cost of selecting the Tribal Labor Panel, there shall be no further disbursements until the Tribal Labor Panel, which is selected by mutual agreement of the parties, is in place.(f)(6) Any other purpose specified by law.(g)(b) Priority for funding from the Indian Gaming Special Distribution Fund is in the following descending order:(1) An appropriation to the Indian Gaming Revenue Sharing Trust Fund in an aggregate amount sufficient to make payments of any shortfalls that may occur in the Indian Gaming Revenue Sharing Trust Fund.(2) An appropriation to the Office of Problem and Pathological Gambling within the State Department of Alcohol and Drug Programs Public Health for problem gambling prevention programs. developing and providing, for the people of California, quality statewide prevention and treatment programs and services to address gambling disorder.(3) The amount appropriated in the annual Budget Act for allocation between the Department of Justice and the California Gambling Control Commission for regulatory functions that directly relates relate to Indian gaming.(4) An appropriation for the support of local government agencies impacted by tribal Indian gaming. |
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| 54 | 54 | | 12012.85. (a) There is hereby created in the State Treasury a fund called 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. These moneys shall be available for appropriation by the Legislature for the following purposes:(a)(1) Grants, including any administrative costs, for programs designed to address gambling addiction.(b)(2) Grants, including any administrative costs, for the support of state and local government agencies impacted by tribal government gaming.(c)(3) Compensation for regulatory costs incurred by the State Gaming Agency state gaming agency and the Department of Justice in connection with the implementation and administration of implementing and administering tribal-state gaming compacts.(d)(4) Payment of shortfalls that may occur in the Indian Gaming Revenue Sharing Trust Fund. This shall be the priority use of moneys in the Indian Gaming Special Distribution Fund.(e)(5) Disbursements for the purpose of implementing the terms of tribal labor relations ordinances promulgated in accordance with the terms of tribal-state gaming compacts ratified pursuant to Chapter 874 of the Statutes of 1999. No more than 10 percent of the funds appropriated in the Budget Act of 2000 for implementation of tribal labor relations ordinances promulgated in accordance with those compacts shall be expended in the selection of the Tribal Labor Panel. The Department of Human Resources shall consult with and seek input from the parties prior to any expenditure for purposes of selecting the Tribal Labor Panel. Other than the cost of selecting the Tribal Labor Panel, there shall be no further disbursements until the Tribal Labor Panel, which is selected by mutual agreement of the parties, is in place.(f)(6) Any other purpose specified by law.(g)(b) Priority for funding from the Indian Gaming Special Distribution Fund is in the following descending order:(1) An appropriation to the Indian Gaming Revenue Sharing Trust Fund in an aggregate amount sufficient to make payments of any shortfalls that may occur in the Indian Gaming Revenue Sharing Trust Fund.(2) An appropriation to the Office of Problem and Pathological Gambling within the State Department of Alcohol and Drug Programs Public Health for problem gambling prevention programs. developing and providing, for the people of California, quality statewide prevention and treatment programs and services to address gambling disorder.(3) The amount appropriated in the annual Budget Act for allocation between the Department of Justice and the California Gambling Control Commission for regulatory functions that directly relates relate to Indian gaming.(4) An appropriation for the support of local government agencies impacted by tribal Indian gaming. |
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| 56 | 56 | | 12012.85. (a) There is hereby created in the State Treasury a fund called 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. These moneys shall be available for appropriation by the Legislature for the following purposes:(a)(1) Grants, including any administrative costs, for programs designed to address gambling addiction.(b)(2) Grants, including any administrative costs, for the support of state and local government agencies impacted by tribal government gaming.(c)(3) Compensation for regulatory costs incurred by the State Gaming Agency state gaming agency and the Department of Justice in connection with the implementation and administration of implementing and administering tribal-state gaming compacts.(d)(4) Payment of shortfalls that may occur in the Indian Gaming Revenue Sharing Trust Fund. This shall be the priority use of moneys in the Indian Gaming Special Distribution Fund.(e)(5) Disbursements for the purpose of implementing the terms of tribal labor relations ordinances promulgated in accordance with the terms of tribal-state gaming compacts ratified pursuant to Chapter 874 of the Statutes of 1999. No more than 10 percent of the funds appropriated in the Budget Act of 2000 for implementation of tribal labor relations ordinances promulgated in accordance with those compacts shall be expended in the selection of the Tribal Labor Panel. The Department of Human Resources shall consult with and seek input from the parties prior to any expenditure for purposes of selecting the Tribal Labor Panel. Other than the cost of selecting the Tribal Labor Panel, there shall be no further disbursements until the Tribal Labor Panel, which is selected by mutual agreement of the parties, is in place.(f)(6) Any other purpose specified by law.(g)(b) Priority for funding from the Indian Gaming Special Distribution Fund is in the following descending order:(1) An appropriation to the Indian Gaming Revenue Sharing Trust Fund in an aggregate amount sufficient to make payments of any shortfalls that may occur in the Indian Gaming Revenue Sharing Trust Fund.(2) An appropriation to the Office of Problem and Pathological Gambling within the State Department of Alcohol and Drug Programs Public Health for problem gambling prevention programs. developing and providing, for the people of California, quality statewide prevention and treatment programs and services to address gambling disorder.(3) The amount appropriated in the annual Budget Act for allocation between the Department of Justice and the California Gambling Control Commission for regulatory functions that directly relates relate to Indian gaming.(4) An appropriation for the support of local government agencies impacted by tribal Indian gaming. |
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| 60 | 60 | | 12012.85. (a) There is hereby created in the State Treasury a fund called 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. These moneys shall be available for appropriation by the Legislature for the following purposes: |
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| 62 | 62 | | (a) |
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| 66 | 66 | | (1) Grants, including any administrative costs, for programs designed to address gambling addiction. |
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| 67 | 67 | | |
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| 68 | 68 | | (b) |
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| 72 | 72 | | (2) Grants, including any administrative costs, for the support of state and local government agencies impacted by tribal government gaming. |
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| 74 | 74 | | (c) |
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| 78 | 78 | | (3) Compensation for regulatory costs incurred by the State Gaming Agency state gaming agency and the Department of Justice in connection with the implementation and administration of implementing and administering tribal-state gaming compacts. |
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| 80 | 80 | | (d) |
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| 84 | 84 | | (4) Payment of shortfalls that may occur in the Indian Gaming Revenue Sharing Trust Fund. This shall be the priority use of moneys in the Indian Gaming Special Distribution Fund. |
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| 85 | 85 | | |
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| 86 | 86 | | (e) |
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| 90 | 90 | | (5) Disbursements for the purpose of implementing the terms of tribal labor relations ordinances promulgated in accordance with the terms of tribal-state gaming compacts ratified pursuant to Chapter 874 of the Statutes of 1999. No more than 10 percent of the funds appropriated in the Budget Act of 2000 for implementation of tribal labor relations ordinances promulgated in accordance with those compacts shall be expended in the selection of the Tribal Labor Panel. The Department of Human Resources shall consult with and seek input from the parties prior to any expenditure for purposes of selecting the Tribal Labor Panel. Other than the cost of selecting the Tribal Labor Panel, there shall be no further disbursements until the Tribal Labor Panel, which is selected by mutual agreement of the parties, is in place. |
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| 92 | 92 | | (f) |
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| 96 | 96 | | (6) Any other purpose specified by law. |
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| 98 | 98 | | (g) |
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| 102 | 102 | | (b) Priority for funding from the Indian Gaming Special Distribution Fund is in the following descending order: |
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| 104 | 104 | | (1) An appropriation to the Indian Gaming Revenue Sharing Trust Fund in an aggregate amount sufficient to make payments of any shortfalls that may occur in the Indian Gaming Revenue Sharing Trust Fund. |
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| 106 | 106 | | (2) An appropriation to the Office of Problem and Pathological Gambling within the State Department of Alcohol and Drug Programs Public Health for problem gambling prevention programs. developing and providing, for the people of California, quality statewide prevention and treatment programs and services to address gambling disorder. |
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| 108 | 108 | | (3) The amount appropriated in the annual Budget Act for allocation between the Department of Justice and the California Gambling Control Commission for regulatory functions that directly relates relate to Indian gaming. |
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| 110 | 110 | | (4) An appropriation for the support of local government agencies impacted by tribal Indian gaming. |
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