BILL ANALYSIS Ó
AB 1355
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Date of Hearing: January 6, 2016
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Adam Gray, Chair
AB 1355
(Gray) - As Introduced February 27, 2015
SUBJECT: Gaming: Tribal Nation Grant Fund
SUMMARY: Specify that the Tribal Nation Grant Fund (TNGF)
reflects a vision of facilitating the development of tribal
institutions and improving the quality of life of tribal people
throughout the state.
EXISTING LAW:
1) 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.
2) Existing law ratifies a number of tribal-state gaming
compacts between the State of California and specified Indian
tribes, including the compact entered into between the State of
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California and the Viejas Band of Kumeyaay Indians.
3) Creates in the State Treasury the Indian Gaming Special
Distribution Fund (IGSDF) and the Indian Gaming Revenue Sharing
Trust Fund (IGRSTF) for the receipt and deposit of moneys
received by the state from Indian tribes pursuant to the terms
of gaming compacts and authorizes moneys in those funds to be
used for certain purposes.
4) Establishes the TNGF, to be administered by the California
Gambling Control Commission (CGCC), for the receipt and deposit
of moneys received by the state from Indian tribes, pursuant to
the terms of tribal-state gaming compacts, and authorizes moneys
in the fund, upon appropriation by the Legislature, to be used
for discretionary distribution to nongaming tribes and limited
gaming tribes for purposes related to effective self-governance,
self-determined community, and economic development.
FISCAL EFFECT: This bill is keyed non-fiscal by Legislative
Counsel.
COMMENTS:
Purpose of the bill : According to the author's office, this
bill will further the vison of creating a competitive grant
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fund for non-gaming tribes or those with very limited gaming for
economic development, infrastructure, health care, education and
other projects. The goal of this bill is to help establish an
effective structure for the TNGF and to increase the impact of
gaming revenues on non/limited gaming tribes.
The TNGF was created in the Graton Rancheria Compact and
subsequent compacts (e.g., Ramona Band of Cahuilla, Coyote
Valley Band of Pomo Indians, and Santa Ynez Band of Mission
Indians) as a new destination for gaming revenue for
distribution of funds to non-gaming and limited-gaming tribes,
upon application of such tribes for purposes related to
effective self-governance, self-determined community, and
economic development.
The author's office states that the TNGF was created to
complement the RSTF. The TNGF is intended to be fluid, and
payments are intended to be made to specified tribes on a "need"
basis, upon application by non-gaming and limited gaming tribes.
Currently, the TNGF is not being funded due to shortfalls in
the IGRSTF.
According to the Governor's office, the TNGF reflects a vision
of facilitating the development of tribal institutions and
improving the quality of life of tribal people throughout the
state.
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Prior legislation : AB 1916 (Hall), Chapter 600, Statutes of
2014. The bill created the TNGF in the State Treasury, to be
administered by the CGCC, for the receipt and deposit of monies
received by the state from Indian tribes pursuant to the terms
of tribal-state gaming compacts.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by:Eric Johnson / G.O. / (916) 319-2531
AB 1355
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