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SB-996 Tribal gaming: compact ratification.(2007-2008)

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SB996:v98#DOCUMENT

Amended  IN  Senate  January 09, 2008

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Senate Bill
No. 996

Introduced  by  Senator Florez

February 23, 2007

An act to add Section 12012.92 to the Government Code, relating to gaming, and declaring the urgency thereof, to take effect immediately. An act to add Section 12012.6 to the Government Code, relating to gaming.


LEGISLATIVE COUNSEL'S DIGEST


SB 996, as amended, Florez. Tribal gaming: revenue contributions: prepayment. compact ratification.
Existing federal law, the Indian Gaming Regulatory Act, 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 requires that revenue contributions made to the state by tribes pursuant to certain tribal-state gaming compacts be deposited in the General Fund.
This bill would require each tribal-state gaming compact entered into between the State of California and a federally recognized Indian tribe to be ratified by the Legislature in a separate statute.

This bill would provide that, with respect to any tribal-state gaming compact ratified by the Legislature that requires the signatory tribe to pay an amount to the General Fund based on the operation of gaming devices by the tribe, the tribe may prepay all or any portion of that amount before the amount becomes due. The bill would require that a tribe that prepays an obligation pursuant to these provisions receive a credit in the amount of that prepayment for the following fiscal year, and would allow any amount not used in that fiscal year to be carried over to future fiscal years.

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

Vote: TWO_THIRDSMAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 12012.6 is added to the Government Code, to read:

12012.6.
 Each tribal-state gaming compact entered into between the State of California and a federally recognized Indian tribe shall be ratified by the Legislature in a separate statute.

SECTION 1.Section 12012.92 is added to the Government Code, to read:
12012.92.

(a)With respect to any tribal-state gaming compact ratified by the Legislature that requires the signatory tribe to pay an amount to the General Fund based on the operation of gaming devices by the tribe, the tribe may prepay all or any portion of that amount before the amount becomes due under the terms of the tribal-state gaming compact. Any prepayment shall be deposited in the General Fund and shall be available for appropriation by the Legislature commencing with the fiscal year in which the deposit is made.

(b)A tribe that prepays an obligation pursuant to subdivision (a) shall receive a credit in the amount of that prepayment. The credit may be applied to any amount required to be paid by the tribe to the General Fund for the following fiscal year based on the operation of gaming devices by the tribe. Any amount of the credit not used by the tribe in that fiscal year may be carried over to future fiscal years.

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 Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to ensure that the state receives revenue contributions from the expanded operation of gaming devices authorized by tribal-state gaming compacts as quickly as possible, it is necessary that this act take effect immediately.