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AgdaPkt 2004-10-25
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AgdaPkt 2004-10-25
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7/16/2012 4:23:00 PM
Creation date
10/21/2004 1:19:57 PM
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CC Index
CC Index - Document Type
Agenda Packet
Date
10/25/2004
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��-�-�o <br /> TEXT OF PROPOSED LAWS <br /> (e) The Legislature has no p4wer to authorize, and shall prohibit, <br /> casinos of the type currentiy operating in Nevada and New Jersey. <br /> (� Notwithstanding subdivisions (a) and (e), and any other provision <br /> of state law, the Govemor is authorized to negotiate and conclude <br /> compacts, subject to ratification by the Legislature, for the operation of <br /> slot machines and for the conduct of lottery games and banking and <br /> percentage card games any and all forms of Class lll gaming by federally <br /> recognized Indian tribes on Indian lands in Califomia in accordance <br /> with federal law. Accordingly, slot machines, lottery games, <br /> roulette, craps, and banking and percentage card games , and any and <br /> all other forms of casino gaming are hereby spec�cally peRnitted to be <br /> conducted and operated on tribal lands subject to those compacts. <br /> (f) (g) Notwithstanding subdivision (a), the Legislature may <br /> authorize private, nonprofit, eligible organizations, as defined by the <br /> Legislature, to conduct raffles as a funding mechanism to provide support <br /> for their own or another private, nonprofit, eligible organization's <br /> beneficial and charitable works, provided that (1) at least 90 percent of <br /> the gross receipts from the raffle go directly to beneficial or charitable <br /> purposes in California, and (2) any person who receives compensation <br /> in connection with the operation of a raffle is an employee of the private <br /> nonprofit organization that is conducting the raffle. The Legislature, <br /> two-thirds of the membership of each house concurring, may amend the <br /> percentage of gross receipts required by this subdivision to be dedicated <br /> to beneficial or charitable purposes by means of a statute that is <br /> signed by the Govemor. <br /> (h) Notwithstanding subdivisions (e) and (�, and any other provision <br /> of state law, within 30 days of being requested to do so by any federally <br /> recognized Indian fribe, the Govemor is authorized, directed, <br /> and required to amend any existing compact with any Indian tribe, and <br /> to offer a new compact to any federally recognized Indian tribe without <br /> an existing compact, in accordance with the provisions of this subdivision. <br /> An "existing compact" means a gaming compact entered into <br /> between the State and an Indian tribe that was ratified prior to the effective <br /> date of the Indian Gaming Fair-Share Revenue Act of 2004. Any , <br /> existing compact that is amended pursuant to this subdivision shall not <br /> require legislative ratification, but any new compact entered into pursuant � <br /> to this subdivision shall be submitted to the Legislature within 15 <br /> days after the conclusion of negotiations and shall be deemed ratified if <br /> it is not rejected by each house of fhe Legislature, two-thirds of the <br /> members thereof concurring in the rejection, within 30 days of the submission <br /> of the compact to the Legislature by the Govemor, except that <br /> if this 30-day period ends during a joint recess of the Legislature, the <br /> period shall be extended until the tenth day following the day on which <br /> the Legislature reconvenes. AI! compacts amended pursuant to this subdivision, <br /> and all new compacts entered into pursuant to this subdivision, <br /> shall include the following terms, conditions, and requirements: <br /> (1) Any federally recognized lndian tribe requesfing to enter into a <br /> new or amended compact pursuant to this subdivision shall agree under <br /> the terms of the compact to contribute to the State, on a sovereign-tosovereign <br /> basis, a percentage of its net income from gaming activities <br />
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