BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1355|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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CONSENT
Bill No: AB 1355
Author: Gray (D)
Introduced:2/27/15
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE: 13-0, 6/28/16
AYES: Hall, Berryhill, Bates, Block, Gaines, Galgiani, Glazer,
Hernandez, Hill, Hueso, Lara, McGuire, Vidak
ASSEMBLY FLOOR: 72-0, 1/15/16 (Consent) - See last page for
vote
SUBJECT: Gaming: Tribal Nation Grant Fund
SOURCE: Author
DIGEST: This bill specifies that the Tribal Nation Grant Fund
reflects a vision of facilitating the development of tribal
institutions and improving the quality of life of tribal people
throughout the state.
ANALYSIS:
Existing law:
1)Provides, under the federal Indian Gaming Regulatory Act of
1988, for the negotiation and execution of compacts for the
purpose of authorizing class III gaming on Indian lands within
a state. Additionally, the California Constitution authorizes
the Governor to negotiate and conclude compacts, subject to
ratification by the Legislature.
2)Creates the Indian Gaming Special Distribution Fund (SDF) in
the State Treasury for the receipt of revenue contributions
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Page 2
made by tribal governments pursuant to the terms of the 1999
model Tribal-State Gaming Compacts and authorizes the
Legislature to appropriate money from the SDF for the
following purposes: (a) grants for programs designed to
address gambling addiction; (b) grants for the support of
state and local government agencies impacted by tribal
government gaming; (c) compensation for regulatory costs
incurred by the California Gambling Control Commission (CGCC)
and the Department of Justice in connection with the
implementation and administration of compacts; (d) payment of
shortfalls that may occur in the Indian Gaming Revenue Sharing
Trust Fund (RSTF); (e) disbursements for the purpose of
implementing the terms of tribal labor relations ordinances
promulgated in accordance with the terms of the 1999 compacts;
and, (f) any other purpose specified by law.
3)Creates in the State Treasury the RSTF for the receipt and
deposit of moneys derived from gaming device license fees that
are paid into the RSTF pursuant to the terms of specified
tribal-state gaming compacts for the purpose of making
distributions to non-compacted Tribes (e.g.,
federally-recognized non-gaming and tribes that operate
casinos with fewer than 350 slot machines). Revenue in the
RSTF is available to the CGCC, upon appropriation by the
Legislature, for making distributions of $1.1 million annually
to non-compact tribes. The RSTF was created as part of the
1999 compacts, which, in conjunction with the passage of
Proposition 1A, created gaming compacts with approximately 60
California tribes. Non-compact tribes are considered
third-party beneficiaries of the 1999 compacts.
4)Creates in the State Treasury the Tribal Nation Grant Fund
(TNGF) to complement the RSTF and provides for the
distribution of funds to non-gaming tribes, upon application
of such tribes for purposes related to effective
self-governance, self-determined community, and economic
development. This fund is designed to be fluid and payments
are intended to be made to non-gaming tribes on a "need"
basis, upon application by non-gaming tribes.
This bill specifies that the Tribal Nation Grant Fund (TNGF)
reflects a vision of facilitating the development of tribal
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Page 3
institutions and improving the quality of life of tribal people
throughout the state.
Background
Purpose of AB 1355. According to the author's office, this bill
will further the vision of creating a competitive grant 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-gaming and limited gaming tribes.
The author's office notes that the TNGF was initially created in
the Graton Rancheria Compact of 2012 and included in subsequent
compacts 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. Currently, the TNGF is not being funded
due to shortfalls in the RSTF.
According to the author'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.
Related/Prior Legislation
AB 1916 (Hall, Chapter 600, Statutes of 2014) created the TNGF
in the State Treasury, to be administered by the CGCC, for the
receipt and deposit of moneys received by the state from Indian
tribes, pursuant to the terms of tribal-state gaming compacts.
FISCAL EFFECT: Appropriation: No Fiscal
Com.: No Local: No
SUPPORT: (Verified 6/28/16)
None received
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Page 4
OPPOSITION: (Verified 6/28/16)
None received
ASSEMBLY FLOOR: 72-0, 1/15/16
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bonilla,
Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau,
Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,
Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,
Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley,
Harper, Roger Hernández, Irwin, Jones, Jones-Sawyer, Kim,
Lackey, Levine, Lopez, Low, Maienschein, Mathis, Mayes,
McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,
O'Donnell, Olsen, Patterson, Quirk, Rendon, Rodriguez, Salas,
Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner,
Waldron, Weber, Williams, Wood, Atkins
NO VOTE RECORDED: Bloom, Chávez, Eduardo Garcia, Holden,
Linder, Ridley-Thomas, Wilk
Prepared by:Arthur Terzakis / G.O. / (916) 651-1530
7/29/16 12:20:32
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