EXECUTIVE ORDER D-31-01


WHEREAS, by Executive Order effective August 29, 2000 nunc pro tunc, I declared that the California Gambling Control Commission was prepared to assume the responsibilities and exercise the powers conferred by Sections 4 through 52, inclusive, of the Gambling Control Act (California Business and Professions Code sections 19810A through 19960.2A, inclusive).

WHEREAS, the California Gambling Control Commission has jurisdiction over operation and concentration, and supervision over gambling establishments in this state and over all persons or things having to do with the operations of gambling establishments pursuant to Business and Professions Code section 19810A; and

WHEREAS, pursuant to the Tribal-State Gaming Compacts entered into by the State of California and certain California Indian Tribes on September 10, 1999, the California Gambling Control Commission was designated as Trustee of the Revenue Sharing Trust Fund; and

WHEREAS, it was the parties' intent in entering into the Tribal-State Gaming Compacts that the California Gambling Control Commission as Trustee would collect revenues from California Indian Tribes engaged in gaming and distribute these revenues to non-gaming tribes; and

WHEREAS, the California Gambling Control Commission is authorized to distribute monies in the Indian Gaming Revenue Sharing Trust Fund to non-gaming tribes after reporting to the California Legislature as to the accounting and methodology for distribution of the monies in the Indian Gaming Revenue Sharing Trust Fund pursuant to Government Code section 12012.75; and

WHEREAS, in order to adequately perform its legal duties and responsibilities, the California Gambling Control Commission must control and monitor the gaming device licensing and financial accounting processes on a continuing basis;

NOW, THEREFORE, I GRAY DAVIS, Governor of the State of California, by virtue of the power and authority vested in me by the Constitution and statutes of the State of California, do hereby issue this order to become effective immediately:

IT IS ORDERED that the California Gambling Control Commission shall administer the gaming device license draw process under Section 4.3.2.2.(a)(3), and control, collect and account for all license fees under Section 4.3.2.2.(a)(2);

IT IS FURTHER ORDERED that the State of California's rights to enforce the provisions of Sections 4.3.2.2.(a)(1) through (3) and (e), and all subparagraphs thereunder, of the Tribal-State Gaming Compacts are hereby delegated to the California Gambling Control Commission;

IT IS FURTHER ORDERED
that the California Gambling Control Commission shall ensure that the allocation of machines among California Indian Tribes does not exceed allowable number of machines as provided in the Compacts and shall determine whether the machine license draw(s) complies with the limitations of the Tribal-State Gaming Compacts.