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AB-1167 California Gambling Control Commission. (2021-2022)



Current Version: 04/12/21 - Amended Assembly

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AB1167:v98#DOCUMENT

Amended  IN  Assembly  April 12, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1167

Introduced by Assembly Member Bigelow

February 18, 2021

An act to amend Section 12012.85 of the Government Code, relating to gaming. An act to amend Section 19813 of the Business and Professions Code, relating to gambling.


LEGISLATIVE COUNSEL'S DIGEST


AB 1167, as amended, Bigelow. Indian Gaming Special Distribution Fund. California Gambling Control Commission.
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. Under existing law, the commission is composed of 5 members who are appointed by the Governor, subject to confirmation by the Senate. Existing law requires the Governor to fill any vacancies on the commission, subject to confirmation by the Senate, within 60 days of the date of the vacancy.
This bill would reduce the time to fill a vacancy to within 45 days of the date of the vacancy.
Existing law authorizes the Governor to remove a member of the commission for incompetence, neglect of duty, or corruption upon first giving the member a copy of the charges and an opportunity to be heard.
This bill would require the Governor to notify the Legislature of the removal of a member of the commission.

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 available for appropriation by the Legislature for certain purposes. Existing law requires first priority for funding from the Indian Gaming Special Distribution Fund to be made to the Indian Gaming Revenue Sharing Trust Fund to make payments of any shortfalls that may occur in that fund and requires second priority for funding to be made to the Office of Problem Gambling for problem gambling prevention programs.

This bill would require second priority for funding from the Indian Gaming Special Distribution Fund to be made 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.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 19813 of the Business and Professions Code is amended to read:

19813.
 (a) Of the members initially appointed, two shall be appointed for a term of two years, two shall be appointed for a term of three years, and one shall be appointed for a term of four years. After the initial terms, the term of office of each member of the commission is four years.
(b) The Governor shall appoint the members of the commission, subject to confirmation by the Senate, and shall designate one member to serve as chairperson. The initial appointments shall be made within three months of the operative date of this section. on or before April 1, 2003. Thereafter, vacancies shall be filled within 60 45 days of the date of the vacancy by the Governor, subject to confirmation by the Senate.
(c) The Governor may remove any a member of the commission for incompetence, neglect of duty, or corruption upon first giving him or her the member a copy of the charges and an opportunity to be heard. The Governor shall notify the Legislature of the removal of a member of the commission.

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:

(1)Grants, including any administrative costs, for programs designed to address gambling addiction.

(2)Grants, including any administrative costs, for the support of state and local government agencies impacted by tribal government gaming.

(3)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.

(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.

(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.

(6)Any other purpose specified by law.

(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 Gambling within the State Department of Public Health for 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 relate to Indian gaming.

(4)An appropriation for the support of local government agencies impacted by Indian gaming.