BILL ANALYSIS Ó
AB 2102
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Date of Hearing: May 11, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2102 (Roger Hernández) - As Amended March 15, 2016
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|Policy |Governmental Organization |Vote:|21 - 0 |
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Urgency: No State Mandated Local Program: YesReimbursable:
Yes
SUMMARY:
This bill requires Indian Gaming Local Community Benefit
Committees (Benefit Committees) to adopt and approve a Conflict
of Interest Code and provides that any existing Conflict of
Interest Code must be reviewed and amended as necessary to bring
it into compliance with these requirements.
FISCAL EFFECT:
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One-time, reimbursable state costs of up to $130,000 for Benefit
Committees to adopt and approve of Conflict of Interest Code.
COMMENTS:
1)Purpose. According to the author the intent of this bill is to
address Bureau of State Audits (BSA) recommendations stemming
from its review of the Indian Gaming Special Distribution Fund
(SDF) and the Benefit Committees. This review recommended that
local committees ensure that their conflict-of-interest codes
comply with the Political Reform Act (ACT) by reviewing the
Act and their codes, and changing the codes as necessary to
meet the Act's requirements. The author contends, this bill
will clarify existing law and provide direction to local
benefit committees attempting to implement the distribution of
SDF grant funds.
2)Background. Benefit Committees establish SDF grant application
policies and procedures, determine grant eligibility, and
select grants from Individual Tribal Casino Accounts or County
Tribal Casino Accounts. All grants from Individual Tribal
Casino Accounts are required to be made only upon the
affirmative sponsorship of the tribe paying into the SDF from
whose Individual Tribal Casino Account grants are available
for distribution. Priority uses for the receipt of grant
money from Individual Tribal Casino Accounts are as follows:
law enforcement; fire services; emergency medical services;
environmental impacts; water supplies; waste disposal;
behavioral; health; planning and adjacent land use; public
health; roads; recreation and youth programs; and, childcare
programs.
3)Conflict of Interest Code: Existing law specifies that every
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agency promulgate and adopt a Conflict of Interest Code, which
will have the force of law, and any violation is deemed a
violation of state law. Such a "code" shall require that each
designated employee file statements disclosing reportable
investments, business positions, interests in real property
and income. It also sets forth specific circumstances under
which designated employees or categories of designated
employees must disqualify themselves from making,
participating in the making, or using their official position
to influence the making of any decision.
4)Previous legislation. AB 2515 (Hall), Chapter 704, Statutes of
2012, modified the procedures governing the award of local
mitigation grants from the SDF to require grant applications
to Benefit Committees to clearly show how the grant will
mitigate the impact of the specified casino and appropriates
$9.1 million from the SDF. Earlier versions of that bill had a
provision related to Conflict of Interest Codes, but that
provision was removed in the Senate.
Analysis Prepared by:Luke Reidenbach / APPR. / (916) 319-2081