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SB-286 Gambling.(2019-2020)

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Date Published: 03/20/2019 09:00 PM
SB286:v98#DOCUMENT

Amended  IN  Senate  March 20, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 286


Introduced by Committee on Governmental Organization (Senators Dodd (Chair), Allen, Archuleta, Borgeas, Bradford, Chang, Galgiani, Glazer, Hill, Hueso, Jones, Nielsen, Portantino, Rubio, Wiener, and Wilk)

February 13, 2019


An act to amend Section 19819 of the Business and Professions Code, and to amend Section 12012.85 of the Government Code, relating to gaming. gambling.


LEGISLATIVE COUNSEL'S DIGEST


SB 286, as amended, Committee on Governmental Organization. Indian Gaming Special Distribution Fund. Gambling.
(1) Existing law, the Gambling Control Act, provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. Existing law requires the commission to establish and maintain a general office for the transaction of its business in Sacramento and requires the commission to maintain a public record of each of its votes at its principal office.
This bill would additionally require the commission to post a public record of each of its votes on its internet website no later than the close of business on the second business day after the meeting at which the vote was taken.

Existing

(2) 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 used for certain purposes, including grants for programs designed to address gambling addiction. Existing law sets forth funding priorities for moneys in the fund, including an appropriation to the Office of Problem and Pathological Gambling within the State Department of Alcohol and Drug Programs for problem gambling prevention programs.

This bill would make technical, nonsubstantive changes to these provisions.

Existing law, commencing July 1, 2013, transfers to the State Department of Public Health, all the duties, powers, purposes, functions, responsibilities, and jurisdiction of the former State Department of Alcohol and Drug Programs as they related to the Office of Problem and Pathological Gambling. Existing law also renamed the Office of Problem and Pathological Gambling as the Office of Problem Gambling.
This bill would, for purposes of the appropriation from the Indian Gaming Special Distribution Fund, delete the obsolete reference to the former Office of Problem and Pathological Gambling within the State Department of Alcohol and Drug Programs and update that reference to the Office of Problem Gambling within the State Department of Public Health.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 19819 of the Business and Professions Code is amended to read:

19819.
 (a) The commission shall establish and maintain a general office for the transaction of its business in Sacramento. The commission may hold meetings at any place within the state when the interests of the public may be better served.
(b) A public record of every each vote shall be maintained at the commission’s principal office. office and posted on the commission’s internet website no later than the close of business on the second business day after the meeting at which the vote was taken.
(c) A majority of the membership of the commission is a quorum of the commission. The concurring vote of three members of the commission shall be required for any an official action of the commission or for the exercise of any of the commission’s duties, powers, or functions.
(d) Except as otherwise provided in this chapter, Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code applies to meetings of the commission. Notwithstanding Section 11125.1 of the Government Code, documents, which documents that are filed with the commission by the department for the purpose of evaluating the qualifications of an applicant, applicant are exempt from disclosure under Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code.

SECTION 1.SEC. 2.

 Section 12012.85 of the Government Code is amended to read:

12012.85.
 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) Grants, including any administrative costs, for programs designed to address gambling addiction.
(b) Grants, including any administrative costs, for the support of state and local government agencies impacted by tribal government gaming.
(c) Compensation for regulatory costs incurred by the State Gaming Agency and the Department of Justice in connection with the implementation and administration of tribal-state gaming compacts.
(d) 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) 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) Any other purpose specified by law.
(g) 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 Gambling within the State Department of Public Health for problem gambling prevention programs.
(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 to Indian gaming.
(4) An appropriation for the support of local government agencies impacted by tribal gaming.