Gambling-Related Legislation Chaptered in 2009

Bingo

AB 1164 (Tran, Chapter 140, Statutes of 2009) - Maintenance of the codes: Remote Caller Bingo

Existing law directs the Legislative Counsel to advise the Legislature from time to time as to legislation necessary to maintain the codes. This bill makes non-substantive changes in various provisions of law to implement the recommendations made by the Legislative Counsel to the Legislature. As it relates to Remote Caller Bingo (the Charity Bingo Mitigation Fund) and the California Gambling Control Commission, the bill makes technical, non-substantive changes to Penal Code section 326.4.
Effective date: January 1, 2010.

SB 126 (Cedillo, Chapter 562, Statutes of 2009) - Bingo: remote caller bingo.

This bill, an urgency measure, makes various technical changes to provisions governing remote caller bingo games and card-minding devices under the Remote Caller Bingo Act. Existing law authorizes remote caller bingo as a game that allows specific nonprofit organizations to use audio or video technology to remotely link designated in-state facilities to cosponsor live bingo games, if authorized pursuant to a local ordinance and approved by the California Gambling Control Commission (Commission). Existing law, under the Remote Caller Bingo Act, requires the Commission to regulate all aspects of remote caller bingo, including but not limited to, licensure, operation and the development of regulations. Existing law also requires the Commission to regulate card-minding devices for remote caller bingo and "traditional bingo".
Effective date: October 11, 2009.

Budget

ABX4 1 (Evans, Chapter 1, Statutes of 2009-10 Fourth Extraordinary Session) - Budget Act of 2009: revisions.

The Budget Act of 2009 (Chapter 1 of the 2009-10 Third Extraordinary Session) made appropriations for the support of state government for the 2009-10 fiscal year. This bill, an urgency measure, would make revisions in those appropriations for the 2009-10 fiscal year. The bill makes specified reductions in certain appropriations. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on July 1, 2009. This bill states that it addresses the fiscal emergency declared by the Governor by proclamation issued on July 1, 2009, pursuant to the California Constitution. As it relates to the Commission, the bill amends the Budget Bill language in 0855-111-0367 of Section 2.00 of the Budget Act of 2009, to adopt the technical amendments included within the Spring Department of Finance Letter to amend the Budget Bill Language in 4.3.1(l) of the amended Tribal-State Gaming Compacts. The bill provides that the Indian Gaming Special Distribution Fund will be used to cover shortfalls in the Indian Gaming Revenue Sharing Trust Fund for FY 2009-10.
Effective date: July 28, 2009.

ABX4 12 (Evans, Chapter 12, Statutes of 2009-10 Fourth Extraordinary Session) - Budget Act of 2009: revisions

This bill, an urgency measure, makes various amendments to the Budget Act of 2009 including, but not limited to, horse racing, local mitigation grants related to Indian gaming and State information technology reporting and requirements. Existing law, operative July 1, 2009, provides that, notwithstanding any other provision of law and in lieu of any license fee payable to the state prescribed for or referred to in specified provisions of the Horse Racing Law, any association or fair that conducts a racing meeting shall pay a license fee to the state to fund the California Horse Racing Board and the equine drug testing program, as provided. This bill instead requires any association or fair to pay its proportional amount, as determined by the formula devised by the board in consultation with the industry, as a license fee to the state, to be deposited into the Horse Racing Fund, which the bill would establish, to fund the board and the equine drug testing program, as provided. This bill contains other related provisions and other existing laws. The bill also extends specified allocations related to the local mitigation grant program in Government Code Section 12715. Under existing law, funds not allocated from an Individual Tribal Casino Account by the end of each fiscal year are required to revert back to the Indian Gaming Special Distribution Fund. Moneys allocated for the 2003-04 fiscal year were eligible for expenditure through December 31, 2004. Under this bill, moneys allocated from an Individual Tribal Casino Account for the 2008-09 fiscal year are eligible for expenditure through December 31, 2009.
Effective date: July 28, 2009.

SBX3 1 (Ducheny, Chapter 1, Statutes of 2009-10 Third Extraordinary Session) - 2009-10 Budget.

This bill, an urgency measure, makes appropriations for support of state government for the 2009-10 fiscal year. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill states that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution. As it relates to the California Gambling Control Commission, the bill includes Budget Act appropriations for the Commission (Item 0855). The bill also includes provisions to authorize a loan from the Gambling Control Fund to the California Bingo Fund for the Remote Caller Bingo Program in FY 2009-10, in the event that revenues are insufficient to cover FY 2009-10 personnel and operating costs incurred by the Commission for Remote Caller Bingo (Item 0855-001-0567). Item 0855-001-3131 further authorizes an appropriation of $769,000 from the California Bingo Fund for support of the California Gambling Control Commission.
Effective date: February 20, 2009.

SBX3 2 (Ducheny, Chapter 2, Statutes of 2009-10 Third Extraordinary Session) - Budget Act of 2008: revisions.

The Budget Act of 2008 (Chapters 268 and 269 of the Statutes of 2008) made appropriations for the support of state government during the 2008-09 fiscal year. This bill, an urgency measure, amends the Budget Act of 2008 to make adjustments to certain items of appropriations. The bill, in part, states that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution. The bill reduces the funding for Department of Transportation by $100 million to reflect the authority granted to the Director of Finance to redirect approximately $100 million from a specified portion of tribal-gaming revenues (payments made by five Tribes with 2004 amended Tribal-State Gaming Compacts to "securitize the 18-year revenue stream in the form of bonds that can be issued to investors" - see the amended Compacts for United Auburn, Rumsey, Viejas, Pala, and Pauma, section 4.3.3). Also see SBX3 7 (Ducheny, Chapter 14, Statutes of 2009-10 Third Extraordinary Session).
Effective date: February 20, 2009.

SBX4 16 (Ducheny, Chapter 23, Statutes of 2009-10 Fourth Extraordinary Session) - State finances.

Existing law requires the Controller to draw warrants on the State Treasury in favor of the county treasurer of each county in each month of each year in prescribed amounts and in a prescribed manner. This bill revises the schedule pursuant to which the Controller draws these warrants and the amount of the warrants. The California Lottery Act establishes the State Lottery Fund. The act, an initiative measure and urgency measure, provides that certain provisions may be changed by a bill that furthers the purposes of the act and is passed by a 2/3 vote of each house of the Legislature and signed by the Governor. The act, until September 30, 2009, authorized the Controller to loan moneys in the State Lottery Fund to the General Fund and requires the payment of interest at a specified rate on all moneys loaned to the General Fund. This bill deletes the September 30, 2009, repeal date for those provisions authorizing the loan of moneys from the State Lottery Fund, thereby extending their operation indefinitely. This bill declares that it furthers the purposes of the California State Lottery Act. This bill contains other related provisions and other existing laws.
Effective date: July 28, 2009.

Cardrooms

AB 176 (Silva, Chapter 88, Statutes of 2009) - Maintenance of the codes.

Existing law authorizes the California Law Revision Commission to recommend changes in law to modify or eliminate antiquated rules of law. This bill makes changes to the terms used to describe recording technology to implement the recommendations of the California Law Revision Commission. As it relates to the Gambling Control Act, the bill makes technical, non-substantive changes to Sections 19861 and 19870 of the Business and Professions Code to eliminate antiquated references to "videotapes", "tapes" and "audiotapes" used at Commission meetings and changes these terms to reflect current technology ("video", "recordings", and "audio" recordings).
Effective date: January 1, 2010.

AB 293 (Mendoza, Chapter 233, Statutes of 2009) - Gambling regulation.

This bill makes numerous technical and substantive regulatory changes to the Gambling Control Act, as it relates to cardrooms. The more significant provisions are as follows: (1) officially recognizes limited liability companies in the Gambling Control Act; (2) requires the Commission to develop licensing regulations to allow continuous operation of a cardroom under certain circumstances; (3) clarifies that the Commission can take disciplinary action against an individual owner without affecting the licenses of other endorsed owners; (4) adds a definition of "gambling enterprise"; (5) permits individuals under age 21 to use a designated pathway to pass through the gaming floor if accompanied by, or in the presence of, an individual over age 21; and (6) makes numerous other technical and regulatory changes.
Effective date: January 1, 2010.

Horse Racing

AB 136 (Silva, Chapter 221, Statutes of 2009) - Horse racing: imported harness or quarter horse races.

Under existing law, the California Horse Racing Board is authorized to permit a harness or quarter horse association conducting a race meeting to accept wagers on the results of out-of-state or out-of-country harness or quarter horse races, and certain other designated harness or quarter horse races, if specified conditions are met. One of these conditions is that, if only one breed is being raced on a given day, the racing association conducting live racing may import those races that would otherwise be simulcast by the association which is not racing, subject to the limitation that the total number of harness or quarter horse races imported in a calendar year does not exceed the number of night races imported in 1998 after 5:30 p.m. This bill, an urgency measure, deletes the limitation regarding the total number of harness or quarter horse races imported in a calendar year. This bill contains other related provisions.
Effective date: October 11, 2009.

AB 246 (Price, Chapter 226, Statutes of 2009) - Horse racing: deductions and distributions: trust funds: harness and quarter horse racing.

Existing law, the Horse Racing Law, generally regulates horse racing and parimutuel wagering on horse races. Existing law requires various deductions and distributions to be made from parimutuel pools, as specified. This bill, an urgency measure, would require a person licensed to conduct a horse racing meeting to hold in trust the distributions required to be made pursuant to the Horse Racing Law until the funds are paid to the various distributees. The bill would provide that these required deductions, except for those for the benefit of the racing association, are trust funds and shall not be used by the racing association for any purpose other than for payment to those distributees as directed by the Horse Racing Law. The bill provides that these funds are not the property of the racing association and are to be held in a separate depository account until they are actually distributed as provided for in the Horse Racing Law. By codifying requirements on licensees under the Horse Racing Law, the violation of which would be a crime, the bill imposes a state-mandated local program. This bill contains other related provisions and other existing laws.
Effective date: October 11, 2009.

AB 763 (Chesbro, Chapter 122, Statutes of 2009) - Horse racing: Humboldt County Fair.

Existing law provides for the operation of live horse racing by associations and fairs, and for wagering thereon, and for the operation of satellite wagering facilities, subject to regulation and oversight by the California Horse Racing Board, as specified. This bill, an urgency measure, permits, during calendar periods when a thoroughbred association or fair in the northern zone and the Humboldt County Fair simultaneously conduct live race meetings, the Humboldt County Fair and a thoroughbred association in the southern zone when conducting a live race meeting to accept wagers on the result of not more than 8 out-of-state thoroughbred horse races in addition to those already authorized in law, if specified conditions are met. This bill contains other related provisions.
Effective date: August 6, 2009.

AB 1499 (Evans, Chapter 151, Statutes of 2009) - Horse racing: workers' compensation.

Existing law, until January 1, 2014, authorizes a quarter horse racing association to deduct an additional 0.5% of the total amount handled in its exotic parimutuel pools and a harness racing association to deduct an additional 1% of the total amount handled in conventional parimutuel pools of harness races, under certain conditions, for workers' compensation insurance costs of trainers and owners, as specified, with any funds not expended for this purpose in the year in which they are collected to either be used for the following year's workers' compensation costs or to benefit the purse pool, as specified. If the racing association and the organization representing horsemen and horsewomen cannot agree on the manner of distribution of these funds to defray the costs of workers' compensation insurance, the matter is required to be submitted to the California Horse Racing Board for a decision. This bill, an urgency measure, also authorizes a fair to deduct an additional 0.5% of the total amount handled in exotic parimutuel pools of races for any breed, other than races solely for thoroughbreds. This deduction is also authorized for similar purposes and subject to similar conditions as the quarter horse racing association and harness racing association authorizations discussed above. This authorization would also expire on January 1, 2014. This bill contains other related provisions.
Effective date: August 6, 2009.

AB 1575 (Committee on Governmental Organization, Chapter 650, Statutes of 2009) - Horse racing.

Existing law, the Horse Racing Law, provides for the operation of live horse racing in this state and for wagering thereon, and for the operation of satellite wagering facilities, subject to regulation and oversight by the California Horse Racing Board, as specified. Existing law provides that every steward and racing official shall be licensed and subject to both written and oral examinations, as specified. "Racing official" is defined to include official veterinarians. In general, a person who participates in a horse race without proper licensure is guilty of a misdemeanor. This bill includes outriders in the definition of racing officials thus requiring them to be licensed and examined, as specified. The bill also provides that oral examinations for stewards shall be conducted by a panel of not less than 3 members of the board, while oral examinations for official veterinarians shall be conducted by a panel of not less than one member of the board, the equine medical director, and the executive director of the board. By expanding the scope of an existing crime, this bill imposes a state-mandated local program. This bill contains other related provisions.
Effective date: January 1, 2010.

AB 1578 (Committee on Governmental Organization, Chapter 550, Statutes of 2009) - Horse racing: thoroughbred racing: California-bred bonus program.

Existing law, the Horse Racing Law, provides for the regulation of horse racing in this state. Violations of the Horse Racing Law are generally misdemeanors. This bill revises the definition of "certain claiming races" for those purposes. This bill contains other related provisions.
Effective date: January 1, 2010.

SB 254 (Wiggins, Chapter 42, Statutes of 2009) - Horses: sale, purchase, or transfer.

Existing law prohibits a person from receiving any form of compensation in connection with the sale or purchase of a racehorse, prospective racehorse, stallion, or broodmare, unless the purchaser and seller have agreed in writing to the payment of that compensation. This bill instead would require any sale, purchase, or transfer of an equine, as defined, to be accompanied by a written bill of sale or acknowledgment of purchase setting forth the purchase price, and signed by both the purchaser and seller or their duly authorized agents, as specified. The bill would provide that it is unlawful for any person to act as a dual agent, as defined, unless certain conditions are met, and would make it unlawful for a person acting as an agent to receive in excess of $500 in compensation or in other items of value, related to that transaction, other than from the agent's principal, unless certain conditions are met. This bill would provide conditions for the enforceability of a contract for a commission on the sale, purchase, or transfer of an equine, as specified. The bill allows any person injured by a violation of its provisions to recover treble damages. The bill provides that the board may suspend or revoke the license of any person who violates its provisions.
Effective date: January 1, 2010.

SB 517 (Florez, Chapter 636, Statutes of 2009) - Horse racing: thoroughbred associations or fairs: wager deductions.

Existing law authorizes a thoroughbred association or fair, at the joint request of the association or fair and the horsemen's organization and subject to approval by the California Horse Racing Board, to deduct from the parimutuel pool, for any type of wager, an amount of 10% to 25%, inclusive, of the total amount handled for the meeting of the thoroughbred association or fair that accepts the wager. This bill, an urgency measure, instead authorizes the deduction of an amount in that range upon the filing of a specified written notice with, and approval by, the board specifying the percentage to be deducted and provides that the percentage is to remain in effect until the filing of a subsequent notice with, and approval by, the board, unless otherwise specified in the notice. The bill authorizes certain distributions as prescribed in the Horse Racing Law to be modified or redirected upon the filing with, and approval by, the board of a written notice, as specified. The bill requires a notice to modify or redirect a distribution to be accompanied by a certain report of receipts and expenditures, and requires the filing of a report accounting for all receipts and expenditures in any of the affected funds with the board and certain legislative committees within one year of initial approval of a percentage deduction notice and annually thereafter if approval is extended by the board. The bill requires the consent of affected organizations and entities for a distribution modification or redirection and for an extension of a distribution modification or redirection, as provided. This bill contains other related provisions.
Effective date: October 23, 2009.

SB 693 (Harman, Chapter 63, Statutes of 2009) - Horse racing: advance deposit wagering: satellite wagering facilities.

Existing law authorizes advance deposit wagering to be conducted, with the approval of the California Horse Racing Board. Existing law specifies how the amount received as a market access fee from advance deposit wagers shall be distributed, including the distribution of specified amounts as satellite wagering commissions, which are generally provided to satellite wagering facilities in the same relative proportions as those facilities generated the commissions in the previous calendar year. This bill requires the satellite wagering commission to be reduced in proportion to the times that satellite wagering is conducted if a satellite wagering facility is unwilling or unable to accept all of the signals that are available to that facility, and requires the satellite wagering commission to be eliminated entirely if a satellite wagering facility is permanently closed, as specified. The bill provides that the satellite wagering commissions not paid shall be proportionately redistributed to the other eligible satellite facilities.
Effective date: January 1, 2010.

SB 766 (Negrete McLeod, Chapter 616, Statutes of 2009) - Horse racing.

Existing law, until January 1, 2011, authorizes racing associations, fairs, and other related organizations to form a private, statewide marketing organization to market and promote thoroughbred and fair horse racing, and to obtain, provide, or defray the cost of workers' compensation coverage for stable employees and jockeys of thoroughbred trainers. A specified percentage of the amount handled by each satellite wagering facility is required to be distributed to that statewide marketing organization for those purposes of promotion and defraying the cost of workers' compensation coverage. Existing law also provides that any promotion funds not expended in the year in which they are collected may be expended in the following year. This bill provides that, in the event there are at any time uncommitted surplus funds in accounts created pursuant to the above provisions of existing law, those unexpended funds may, at the written request of the organization governing those funds and with the approval of the California Horse Racing Board, be reallocated to any other fund or account created pursuant to the Horse Racing Law. The bill requires the request to be accompanied by a certain report of receipts and expenditures, authorizes the board to require quarterly reports of receipts and expenditures from approved requesters, and requires the filing of a report accounting for all receipts and expenditures in any of the affected funds with the board and certain legislative committees within one year of initial approval and annually thereafter if approval is extended by the board. This bill contains other existing laws.
Effective date: January 1, 2010.

SBX2 16 (Ashburn, Chapter 12, Statutes of 2009-10 Second Extraordinary Session) - Horse racing: license fees.

Existing law, the Horse Racing Law, provides that if the total amount paid to the state as license fees by racing associations and fairs is less than $40,000,000 in any calendar year, all associations and fairs that conducted live racing during the year of the shortfall shall remit to the state, on a pro rata basis according to the amount paid as license fees by each association or fair, the amount necessary to bring the total amount paid to the state as license fees to $40,000,000. This bill deletes those provisions and instead provides that, notwithstanding any other provision of law and in lieu of any license fee payable to the state prescribed for or referred to in specified provisions of the Horse Racing Law, any association or fair that conducts a racing meeting shall pay a license fee to fund the California Horse Racing Board and the equine drug testing program in accordance with a formula devised by the board in consultation with the industry, as provided. The bill provides that the license fee reductions resulting from these provisions, after payments to fund the board and the equine drug testing program, shall be distributed as specified for thoroughbred racing, quarter horse racing, harness racing, and all other breeds. This bill contains other related provisions.
Effective date: January 1, 2010.

Legal

SB 359 (Romero, Chapter 584, Statutes of 2009) - Records: disclosure exemptions.

Existing law, the California Public Records Act, requires each state and local agency, as defined, to make its records open to public inspection at all times during office hours, except as specifically exempted from disclosure by law. The act specifically exempts from disclosure records that are exempted or prohibited from disclosure by federal or state law and lists records subject to that exemption, specifying that the listed exemptions are not inclusive of all exemptions under the act. This bill would revise the list of exempted records to reflect changes in existing law. As it relates to the Commission, the bill (Section 11) amends Section 6276.22 of the Government Code related to the Gambling Control Act for records of the California Gambling Control Commission and the Department of Justice, pursuant to Sections 19819 and 19821 of the Business and Professions Code. This includes documents filed with the Commission by the Department of Justice to evaluate the qualifications of an applicant and other records of the Commission and the Department that include personal information. The bill (Section 22) also amends Section 6276.44 of the Government Code related to Tribal-State Gaming Compacts, to exempt from disclosure the records of an Indian tribe relating to securitization of annual payments, pursuant to Section 63048.63 of the Government Code.
Effective date: January 1, 2010.

Lottery

ABX3 13 (Evans, Chapter 9, Statutes of 2009-10 Third Extraordinary Session) - State and local government.

The California Lottery Act establishes the State Lottery Fund. The act, an initiative measure, provides that certain provisions may be changed by a bill that furthers the purposes of the act and is passed by a 2/3 vote of each house of the Legislature and signed by the Governor. This bill, an urgency measure, authorizes, in part, until September 30, 2009, the Controller to loan moneys in the State Lottery Fund to the General Fund. The bill requires that interest be paid on all moneys loaned to the General Fund.
Effective date: February 20, 2009.

ABX4 25 (Evans, Chapter 24, Statutes of 2009-10 Fourth Extraordinary Session) - Surplus state funds.

The California State Lottery Act of 1984, enacted by initiative, authorizes a California State Lottery and provides for its operation and administration by the California State Lottery Commission and the Director of the California State Lottery, with certain limitations. This urgency act provides that none of its provisions may be changed by the Legislature except to further its purpose by a bill passed by a 2/3 vote of each house of the Legislature and signed by the Governor. This bill authorizes the Lottery Commission to purchase and sell assets in its own name, invest funds on deposit in the State Lottery Fund within or outside the State Treasury system, and purchase and sell securities, including entering into bond purchase agreements with the state to purchase state general obligation bonds, or invest in other evidence of indebtedness issued by the state. The bill declares that it furthers the purpose of the act. The bill also contains other provisions.
Effective date: July 29, 2009.

SB 831 (Committee on Governmental Organization, Chapter 207, Statutes of 2009) - California State Lottery: multistate lottery.

The California State Lottery Act of 1984, enacted by initiative, authorizes a California State Lottery and provides for its operation and administration by the California State Lottery Commission and the Director of the California State Lottery, with certain limitations. This urgency act gives a player the right to claim prize money for 180 days after a lottery drawing. This bill also gives a player up to one year to claim prize money for a jackpot or grand prize won in a multistate lottery game. This bill contains other related provisions.
Effective date: October 11, 2009.

Other Gaming

AB 58 (Jeffries, Chapter 72, Statutes of 2009) - Sports betting pools.

Under existing law, Penal Code §337(a), any involvement with a sports betting pool (whether participating in, operating, or keeping a book) is punishable by imprisonment in either a State prison or county jail of up to one year and a fine of up to $5,000. This bill reduces the penalty to an infraction and a fine of up to $250 for those who participate in sports betting pools under circumstances available to all participants (i.e. when there is no "house"). The penalty reduction does not apply to betting pools conducted online or those with more than $2,500 at stake.
Effective date: January 1, 2010.

SB 200 (Correa, Chapter 38, Statutes of 2009) - Raffles: Internet advertisement.

The California Constitution prohibits the Legislature from authorizing lotteries, but allows the Legislature to authorize private, nonprofit, eligible organizations to conduct raffles, as specified. Existing statutory law generally regulates raffles conducted by eligible organizations for beneficial or charitable purposes. Existing law prohibits a raffle from being advertised over the Internet. This bill deletes the prohibition on advertising a raffle over the Internet and sets forth specified information regarding a raffle that may be included on an Internet Web site.
Effective date: January 1, 2010.

SB 829 (Committee on Governmental Organization, Chapter 624, Statutes of 2009) - Gambling: licenses.

The Gambling Control Act provides for the licensure of certain individuals and establishments involved in various gambling activities, and for the regulation of those activities, by the California Gambling Control Commission. The act provides for the appointment of an executive director by the commission. This bill clarifies that the executive director and members of the commission are authorized to administer oaths and certify official acts in connection with the business of the commission.
Effective date: January 1, 2010.

Tribal

SB 357 (Ducheny, Chapter 181, Statutes of 2009) - Tribal gaming: grants to local jurisdictions.

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 certain Indian tribes pursuant to the terms of Tribal-State Gaming Compacts entered into with the state. Existing law authorizes moneys in that fund to be used for specified purposes, including grants to local jurisdictions to mitigate the impacts of Tribal casinos. Existing law, until January 1, 2010, requires the Controller to take specified actions to administer moneys in the fund in connection with those grants, and establishes procedures for awarding those grants. This bill extends the operation of the above provisions relating to the administration and awarding of grants to local jurisdictions until January 1, 2021.
Effective date: January 1, 2010.

SBX3 7 (Ducheny, Chapter 14, Statutes of 2009) - Transportation finance.

Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of Tribal-State Gaming Compacts (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 Compacts between the State of California and specified Indian tribes. Existing law authorizes the Infrastructure and Economic Development Bank, upon a filing by the Director of Finance with the bank of a list of specified amended Compacts and Compact assets, to sell for, and on behalf of, the state all or any portion of those Compact assets to a special purpose trust. Existing law authorizes the special purpose trust to issue bonds secured by those Compact assets. This bill, an urgency measure, provides that the portion of the above-described Compact assets that are timely deposited or are due for deposit in a specified fund between July 1, 2008, and June 30, 2010, shall not be available for the purpose described above. The bill requires the Director of Finance to determine the portion of those Compact assets attributable to each fiscal year. The bill allows the Director of Finance to direct the Controller, by separate order applicable to the assets for each fiscal year, to transfer the Compact assets attributable to that fiscal year to the General Fund. This bill makes other related changes.
Effective date: February 20, 2009.