AB 2102,
as amended, Roger Hernández. Tribalbegin delete gaming.end deletebegin insert gaming: Indian Gaming Local Community Benefit Committee.end insert
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 gaming compacts entered into with the state. Existing law authorizes moneys in that fund to be used for specified purposes, including for grants for the support of state and local government agencies impacted by tribal government gaming. Existing law, until January 1, 2021, creates a County Tribal Casino Account in the treasury of each county that contains a tribal casino, which is funded according to specified formulas. Existing law requires the Controller, in consultation with the California Gambling Control Commission, to divide the County Tribal Casino Account for each county that has gaming devices that are subject to an obligation to make contributions to the Indian Gaming Special Distribution Fund into a separate account, known as an Individual Tribal Casino Account, for each tribe that operates a casino within the county. Each Individual Tribal Casino Account is required to be funded in proportion to the amount that each individual tribe paid in the prior fiscal year to the Indian Gaming Special Distribution Fund, and authorizes funds in these accounts to be released to make grants to local agencies impacted by tribal casinos, as specified. Existing law establishes an Indian Gaming Local Community Benefit Committee in each county in which gaming is conducted, specifies the composition and responsibilities of that committee, and requires that committee to make the selection of grants from those casino accounts. Among other things, the committee is responsible for establishing all application policies and procedures for grants from the casino accounts.
end insertbegin insertExisting law requires every state agency and local government agency to adopt and promulgate a Conflict of Interest Code applicable to enumerated positions within the agency and designated employees, as specified.
end insertbegin insertThis bill would require each Indian Gaming Local Community Benefit Committee to adopt and approve a Conflict of Interest Code pursuant to these provisions. The bill would require any existing Conflict of Interest Code to be reviewed and amended as necessary to bring it into compliance with these requirements. By increasing the duties of local government entities, this bill would impose a state-mandated local program.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
end insertExisting 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. Existing law ratifies a number of tribal-state gaming compacts between the State of California and specified Indian tribes.
end deleteThis bill would state the intent of the Legislature to enact legislation related to tribal gaming in California.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 12715 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert
(a) The Controller, acting in consultation with the
4California Gambling Control Commission, shall divide the County
5Tribal Casino Account for each county that has gaming devices
6that are subject to an obligation to make contributions to the Indian
7Gaming Special Distribution Fund into a separate account for each
8tribe that operates a casino within the county. These accounts shall
9be known as Individual Tribal Casino Accounts, and funds may
10be released from these accounts to make grants selected by an
11Indian Gaming Local Community Benefit Committee pursuant to
12the method established by this section to local jurisdictions
13impacted by tribal casinos. Each Individual Tribal Casino Account
14shall be funded in proportion to the amount that each individual
15tribe paid in the prior fiscal year to the Indian Gaming Special
16Distribution
Fund.
17(b) (1) There is hereby created in each county in which Indian
18gaming is conducted an Indian Gaming Local Community Benefit
19Committee. The selection of all grants from each Individual Tribal
20Casino Account or County Tribal Casino Account shall be made
21by each county’s Indian Gaming Local Community Benefit
22Committee. In selecting grants, the Indian Gaming Local
23Community Benefit Committee shall follow the priorities
24established in subdivision (g) and the requirements specified in
25subdivision (h). This committee has the following additional
26responsibilities:
27(A) Establishing all application policies and procedures for
28grants from the Individual Tribal Casino Account or County Tribal
29Casino Account. Each grant application shall clearly show how
30the grant will mitigate the impact of the casino on the grant
31applicant.
32(B) Assessing the eligibility of applications for grants from local
33jurisdictions impacted by tribal gaming operations.
34(C) Determining the appropriate amount for reimbursement
35from the aggregate county tribal account of the demonstrated costs
36incurred by the county for administering the grant programs. The
37reimbursement for county administrative costs may not exceed 2
P4 1percent of the aggregate county tribal account in any given fiscal
2year.
3(2) Except as provided in Section 12715.5, the Indian Gaming
4Local Community Benefit Committee shall be composed of seven
5representatives, consisting of the following:
6(A) Two representatives from the county, selected by the county
7board of supervisors.
8(B) Three elected representatives from cities located within four
9miles of a tribal casino in the county, selected by the county board
10of supervisors. In the event that there are no cities located within
11four miles of a tribal casino in the county, other local
12representatives may be selected upon mutual agreement by the
13county board of supervisors and a majority of the tribes paying
14into the Indian Gaming Special Distribution Fund in the county.
15When there are no cities within four miles of a tribal casino in the
16county, and when the Indian Gaming Local Community Benefit
17Committee acts on behalf of a county where no tribes pay into the
18Indian Gaming Special Distribution Fund, other local
19representatives may be selected upon mutual agreement by the
20county board of supervisors and a majority of the tribes operating
21casinos in the county. However, if only one city is within four
22miles of a tribal casino and that same casino is located entirely
23within the unincorporated area of that particular
county, only one
24elected representative from that city shall be included on the Indian
25Gaming Local Community Benefit Committee.
26(C) Two representatives selected upon the recommendation of
27a majority of the tribes paying into the Indian Gaming Special
28Distribution Fund in each county. When an Indian Gaming Local
29Community Benefit Committee acts on behalf of a countybegin delete whereend delete
30begin insert in whichend insert no tribes pay into the Indian Gaming Special Distribution
31Fund, the two representatives may be selected upon the
32recommendation of the tribes operating casinos in the county.
33(3) The Indian Gaming Local Community Benefit Committee
34
shall adopt and approve a Conflict of Interest Code pursuant to
35Article 3 (commencing with Section 87300) of Chapter 7 of Title
369. Any existing Conflict of Interest Code shall be reviewed and
37amended as necessary to bring it into compliance with the
38requirements of Article 3 (commencing with Section 87300) of
39Chapter 7 of Title 9.
P5 1(c) Sixty percent of each Individual Tribal Casino Account shall
2be available for nexus grants on a yearly basis to cities and counties
3impacted by tribes that are paying into the Indian Gaming Special
4Distribution Fund, according to the four-part nexus test described
5in paragraph (1). Grant awards shall be selected by each county’s
6Indian Gaming Local Community Benefit Committee and shall
7be administered by the county. Grants may be awarded on a
8multiyear basis, and these multiyear grants shall be accounted for
9in the grant process for each year.
10(1) A nexus test based on the geographical proximity of a local
11government jurisdiction to an individual Indian land upon which
12a tribal casino is located shall be used by each county’s Indian
13Gaming Local Community Benefit Committee to determine the
14relative priority for grants, using the following criteria:
15(A) Whether the local government jurisdiction borders the Indian
16lands on all sides.
17(B) Whether the local government jurisdiction partially borders
18Indian lands.
19(C) Whether the local government jurisdiction maintains a
20highway, road, or other thoroughfare that is the predominant access
21route to a casino that is located within four miles.
22(D) Whether all or a portion of the local
government jurisdiction
23is located within four miles of a casino.
24(2) Fifty percent of the amount specified inbegin insert thisend insert subdivisionbegin delete (c)end delete
25 shall be awarded in equal proportions to local government
26jurisdictions that meet all four of the nexus test criteria in paragraph
27(1). If no eligible local government jurisdiction satisfies this
28requirement, the amount specified in this paragraph shall be made
29available for nexus grants in equal proportions to local government
30jurisdictions meeting the requirements of paragraph (3) or (4).
31(3) Thirty percent of the amount specified inbegin insert thisend insert subdivision
32begin delete (c)end delete
shall be awarded in equal proportions to local government
33jurisdictions that meet three of the nexus test criteria in paragraph
34(1). If no eligible local government jurisdiction satisfies this
35requirement, the amount specified in this paragraph shall be made
36available for nexus grants in equal proportions to local government
37jurisdictions meeting the requirements of paragraph (2) or (4).
38(4) Twenty percent of the amount specified inbegin insert thisend insert subdivision
39begin delete (c)end delete
shall be awarded in equal proportions to local government
40jurisdictions that meet two of the nexus test criteria in paragraph
P6 1(1). If no eligible local government jurisdiction satisfies this
2requirement, the amount specified in this paragraph shall be made
3available for nexus grants in equal proportions to local government
4jurisdictions meeting the requirements of paragraph (2) or (3).
5(d) Twenty percent of each Individual Tribal Casino Account
6shall be available for discretionary grants to local jurisdictions
7impacted by tribes that are paying into the Indian Gaming Special
8Distribution Fund. These discretionary grants shall be made
9available to all local jurisdictions in the county irrespective of any
10nexus to impacts from any particular tribal casino, as described in
11paragraph (1) of subdivision (c). Grant awards shall be selected
12by each county’s Indian Gaming Local Community Benefit
13Committee and shall be administered by
the county. Grants may
14be awarded on a multiyear basis, and these multiyear grants shall
15be accounted for in the grant process for each year.
16(e) (1) Twenty percent of each Individual Tribal Casino Account
17shall be available for discretionary grants to local jurisdictions
18impacted by tribes that are not paying into the Indian Gaming
19Special Distribution Fund. These grants shall be made available
20to local jurisdictions in the county irrespective of any nexus to
21impacts from any particular tribal casino, as described in paragraph
22(1) of subdivision (c), and irrespective of whether the impacts
23presented are from a tribal casino that is not paying into the Indian
24Gaming Special Distribution Fund. Grant awards shall be selected
25by each county’s Indian Gaming Local Community Benefit
26Committee and shall be administered by the county. Grants may
27be awarded on a multiyear basis, and these multiyear grants shall
28be accounted for in
the grant process for each year.
29(A) Grants awarded pursuant to this subdivision are limited to
30addressing service-oriented impacts and providing assistance with
31one-time large capital projects related to Indian gaming impacts.
32(B) Grants shall be subject to the sole sponsorship of the tribe
33that pays into the Indian Gaming Special Distribution Fund and
34the recommendations of the Indian Gaming Local Community
35Benefit Committee for that county.
36(2) If an eligible county does not have a tribal casino operated
37by a tribe that does not pay into the Indian Gaming Special
38Distribution Fund, the moneys available for discretionary grants
39under this subdivision shall be available for distribution pursuant
40to subdivision (d).
P7 1(f) (1) For
each county that does not have gaming devices
2subject to an obligation to make payments to the Indian Gaming
3Special Distribution Fund, funds may be released from the county’s
4County Tribal Casino Account to make grants selected by the
5county’s Indian Gaming Local Community Benefit Committee
6pursuant to the method established by this section to local
7jurisdictions impacted by tribal casinos. These grants shall be made
8available to local jurisdictions in the county irrespective of any
9nexus to any particular tribal casino. These grants shall follow the
10priorities specified in subdivision (g) and the requirements specified
11in subdivision (h).
12(2) Funds not allocated from abegin delete county tribal casino accountend delete
13begin insert County Tribal Casino Accountend insert by the end of each fiscal
year shall
14revert back to the Indian Gaming Special Distribution Fund.
15begin delete Moneys allocated for the 2003-04 fiscal year shall be eligible for
16expenditure through December 31, 2004.end delete
17(g) The following uses shall be the priorities for the receipt of
18grant moneys from Individual Tribal Casino Accounts: law
19enforcement, fire services, emergency medical services,
20environmental impacts, water supplies, waste disposal, behavioral,
21health, planning and adjacent land uses, public health, roads,
22recreation and youth programs, and child care programs.
23(h) In selecting grants pursuant to subdivision (b), an Indian
24Gaming Local Community Benefit Committee shall select only
25grant applications that mitigate impacts from casinos on local
26jurisdictions. If a local jurisdiction uses a grant selected pursuant
27to
subdivision (b) for any unrelated purpose, the grant shall
28terminate immediately and any moneys not yet spent shall revert
29to the Indian Gaming Special Distribution Fund. If a local
30jurisdiction approves an expenditure that mitigates an impact from
31a casino on a local jurisdiction and that also provides other benefits
32to the local jurisdiction, the grant selected pursuant to subdivision
33(b) shall be used to finance only the proportionate share of the
34expenditure that mitigates the impact from the casino.
35(i) All grants from Individual Tribal Casino Accounts shall be
36made only upon the affirmative sponsorship of the tribe paying
37into the Indian Gaming Special Distribution Fund from whose
38Individual Tribal Casino Account the grant moneys are available
39for distribution. Tribal sponsorship shall confirm that the grant
40application has a reasonable relationship to a casino impact and
P8 1satisfies at least one of the priorities listed in subdivision (g).
A
2grant may not be made for any purpose that would support or fund,
3directly or indirectly, any effort related to the opposition or
4challenge to Indian gaming in the state, and, to the extent any
5awarded grant is utilized for any prohibited purpose by any local
6government, upon notice given to the county by any tribe from
7whose Individual Tribal Casino Account the awarded grant went
8toward that prohibited use, the grant shall terminate immediately
9and any moneys not yet used shall again be made available for
10qualified nexus grants.
11(j) A local government jurisdiction that is a recipient of a grant
12 from an Individual Tribal Casino Account or a County Tribal
13Casino Account shall provide notice to the public, either through
14a slogan, signage, or other mechanism, stating that the local
15government project has received funding from the Indian Gaming
16Special Distribution Fund and further identifying the particular
17Individual Tribal Casino Account from
which the grant derives.
18(k) (1) Each county’s Indian Gaming Local Community Benefit
19Committee shall submit to the Controller a list of approved projects
20for funding from Individual Tribal Casino Accounts. Upon receipt
21of this list, the Controller shall release the funds directly to the
22local government entities for which a grant has been approved by
23the committee.
24(2) Funds not allocated from an Individual Tribal Casino
25Account by the end of each fiscal year shall revert back to the
26Indian Gaming Special Distribution Fund.begin delete Moneys allocated for
27the 2003-04 fiscal year shall be eligible for expenditure through
28December 31, 2004. Moneys allocated for the 2008-09 fiscal year
29shall be eligible for expenditure through December 31, 2009.end delete
30(l) Notwithstanding any other law, a local government
31jurisdiction that receives a grant from an Individual Tribal Casino
32Account shall deposit all funds received in an interest-bearing
33account and use the interest from those funds only for the purpose
34of mitigating an impact from a casino. If any portion of the funds
35in the account is used for any other purpose, the remaining portion
36shall revert to the Indian Gaming Special Distribution Fund. As a
37condition of receiving further funds under this section, a local
38government jurisdiction, upon request of the county, shall
39demonstrate to the county that all expenditures made from the
P9 1account have been in compliance with the requirements of this
2section.
If the Commission on State Mandates determines that
4this act contains costs mandated by the state, reimbursement to
5local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.
It is the intent of the Legislature to enact
9legislation related to tribal gaming in California.
O
98