Bill Text: CA AB2794 | 2009-2010 | Regular Session | Amended
Bill Title: Tribal gaming.
Spectrum: Slight Partisan Bill (Democrat 12-5)
Status: (Enrolled - Dead) 2010-08-05 - In Senate. Held at Desk. [AB2794 Detail]
Download: California-2009-AB2794-Amended.html
BILL NUMBER: AB 2794 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2010
INTRODUCED BY Committee on Governmental Organization (Coto (Chair),
Bradford, Chesbro, Cook, Evans, Galgiani, Hall, Hill, Jeffries,
Lieu, Mendoza, Nestande, Portantino, V. Manuel Perez, Silva, Torres,
and Tran)
MARCH 17, 2010
An act to add Title 16.5 (commencing with Section 98020) to, to
repeal Sections 12012.25, 12012.30, 12012.35, 12012.40, 12012.45,
12012.46, 12012.465, 12012.47, 12012.475, 12012.48, 12012.485,
12012.49, 12012.495, 12012.5, 12012.51, 12012.515, 12012.52,
12012.53, 12012.75, 12012.85, and 12012.90 of, to repeal Chapter 7.5
(commencing with Section 12710) of Part 2 of Division 3 of Title 2
of, and to repeal Chapter 3 (commencing with Section 98055) of Title
16.5 of, the Government Code, relating to gaming.
LEGISLATIVE COUNSEL'S DIGEST
AB 2794, as amended, Committee on Governmental Organization.
Tribal gaming.
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.
Existing law ratifies a number of tribal-state gaming compacts
between the State of California and specified Indian tribes. Existing
law creates in the State Treasury the Indian Gaming Revenue Sharing
Trust Fund and the Indian Gaming Special Distribution Fund for the
receipt and deposit of moneys received by the state from Indian
tribes pursuant to the terms of gaming compacts entered into with the
state, and authorizes moneys in those funds to be used for certain
purposes. Existing law establishes the method of calculating the
distribution of appropriations from the Indian Gaming Special
Distribution Fund for grants to local government agencies impacted by
tribal gaming.
This bill would reorganize and make technical, nonsubstantive
changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12012.25 of the Government Code is repealed.
SEC. 2. Section 12012.30 of the Government Code is repealed.
SEC. 3. Section 12012.35 of the Government Code is repealed.
SEC. 4. Section 12012.40 of the Government Code is repealed.
SEC. 5. Section 12012.45 of the Government Code is repealed.
SEC. 6. Section 12012.46 of the Government Code is repealed.
SEC. 7. Section 12012.465 of the Government Code is repealed.
SEC. 8. Section 12012.47 of the Government Code is repealed.
SEC. 9. Section 12012.475 of the Government Code is repealed.
SEC. 10. Section 12012.48 of the Government Code is repealed.
SEC. 11. Section 12012.485 of the Government Code is repealed.
SEC. 12. Section 12012.49 of the Government Code is repealed.
SEC. 13. Section 12012.495 of the Government Code is repealed.
SEC. 14. Section 12012.5 of the Government Code is repealed.
SEC. 15. Section 12012.51 of the Government Code is repealed.
SEC. 16. Section 12012.515 of the Government Code is repealed.
SEC. 17. Section 12012.52 of the Government Code is repealed.
SEC. 18. Section 12012.53 of the Government Code is repealed.
SEC. 19. Section 12012.75 of the Government Code is repealed.
SEC. 20. Section 12012.85 of the Government Code is repealed.
SEC. 21. Section 12012.90 of the Government Code is repealed.
SEC. 22. Chapter 7.5 (commencing with Section 12710) of Part 2 of
Division 3 of Title 2 of the Government Code is repealed.
SEC. 23. Title 16.5 (commencing with Section 98020) is added to
the Government Code, to read:
TITLE 16.5. Tribal Gaming
CHAPTER 1. COMPACT RATIFICATION
98020. (a) The following tribal-state gaming compacts entered
into in accordance with the Indian Gaming Regulatory Act of 1988 (18
U.S.C. Sec. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.) are
hereby ratified:
(1) The compact between the State of California and the Alturas
Rancheria, executed on September 10, 1999.
(2) The compact between the State of California and the Barona
Band of Mission Indians, executed on September 10, 1999.
(3) The compact between the State of California and the Big Sandy
Rancheria Band of Mono Indians, executed on September 10, 1999.
(4) The compact between the State of California and the Big Valley
Rancheria, executed on September 10, 1999.
(5) The compact between the State of California and the Bishop
Paiute Tribe, executed on September 10, 1999.
(6) The compact between the State of California and the Blue Lake
Rancheria, executed on September 10, 1999.
(7) The compact between the State of California and the Buena
Vista Band of Me-wuk Indians, executed on September 10, 1999.
(8) The compact between the State of California and the Cabazon
Band of Mission Indians, executed on September 10, 1999.
(9) The compact between the State of California and the Cahto
Tribe of Laytonville, executed on September 10, 1999.
(10) The compact between the State of California and the Cahuilla
Band of Mission Indians, executed on September 10, 1999.
(11) The compact between the State of California and the Campo
Band of Mission Indians, executed on September 10, 1999.
(12) The compact between the State of California and the
Chemehuevi Indian Tribe, executed on September 10, 1999.
(13) The compact between the State of California and the Chicken
Ranch Rancheria, executed on September 10, 1999.
(14) The compact between the State of California and the Coast
Indian Community of the Resighini Rancheria, executed on September
10, 1999.
(15) The compact between the State of California and the Colusa
Indian Community, executed on September 10, 1999.
(16) The compact between the State of California and the Dry Creek
Rancheria Band of Pomo Indians, executed on September 10, 1999.
(17) The compact between the State of California and the Elk
Valley Rancheria, executed on September 10, 1999.
(18) The compact between the State of California and the
Ewiiaapaayp Band of Kumeyaay, executed on September 10, 1999.
(19) The compact between the State of California and the Hoopa
Valley Tribe, executed on September 10, 1999.
(20) The compact between the State of California and the Hopland
Band of Pomo Indians, executed on September 10, 1999.
(21) The compact between the State of California and the Jackson
Band of Mi-Wuk Indians, executed on September 10, 1999.
(22) The compact between the State of California and the Jamul
Indian Reservation, executed on September 10, 1999.
(23) The compact between the State of California and the La Jolla
Indian Reservation, executed on September 10, 1999.
(24) The compact between the State of California and the Manzanita
Tribe of Kumeyaay Indians, executed on September 10, 1999.
(25) The compact between the State of California and the Mesa
Grande Band of Mission Indians, executed on September 10, 1999.
(26) The compact between the State of California and the
Middletown Rancheria Band of Pomo Indians, executed on September 10,
1999.
(27) The compact between the State of California and the Morongo
Band of Mission Indians, executed on September 10, 1999.
(28) The compact between the State of California and the Mooretown
Rancheria Concow Maidu Tribe, executed on September 10, 1999.
(29) The compact between the State of California and the Pala Band
of Mission Indians, executed on September 10, 1999.
(30) The compact between the State of California and the Paskenta
Band of Nomlaki Indians, executed on September 10, 1999.
(31) The compact between the State of California and the Pechanga
Band of Luiseno Indians, executed on September 10, 1999.
(32) The compact between the State of California and the Picayune
Rancheria of Chukchansi Indians, executed on September 10, 1999.
(33) The compact between the State of California and the Quechan
Nation, executed on September 10, 1999.
(34) The compact between the State of California and the Redding
Rancheria, executed on September 10, 1999.
(35) The compact between the State of California and the Rincon,
San Luiseno Band of Mission Indians, executed on September 10, 1999.
(36) The compact between the State of California and the Rumsey
Band of Wintun Indians, executed on September 10, 1999.
(37) The compact between the State of California and the Robinson
Rancheria Band of Pomo Indians, executed on September 10, 1999.
(38) The compact between the State of California and the
Rohnerville Rancheria, executed on September 10, 1999.
(39) The compact between the State of California and the San
Manuel Band of Mission Indians, executed on September 10, 1999.
(40) The compact between the State of California and the San
Pasqual Band of Mission Indians, executed on September 10, 1999.
(41) The compact between the State of California and the Santa
Rosa Rancheria Tachi Tribe, executed on September 10, 1999.
(42) The compact between the State of California and the Santa
Ynez Band of Chumash Indians, executed on September 10, 1999.
(43) The compact between the State of California and the Sherwood
Valley Rancheria Band of Pomo Indians, executed on September 10,
1999.
(44) The compact between the State of California and the Shingle
Springs Band of Miwok Indians, executed on September 10, 1999.
(45) The compact between the State of California and the Smith
River Rancheria, executed on September 10, 1999.
(46) The compact between the State of California and the Soboba
Band of Mission Indians, executed on September 10, 1999.
(47) The compact between the State of California and the
Susanville Indian Rancheria, executed on September 10, 1999.
(48) The compact between the State of California and the Sycuan
Band of Kumeyaay Indians, executed on September 10, 1999.
(49) The compact between the State of California and the Table
Mountain Rancheria, executed on September 10, 1999.
(50) The compact between the State of California and the Trinidad
Rancheria, executed on September 10, 1999.
(51) The compact between the State of California and the Tule
River Indian Tribe, executed on September 10, 1999.
(52) The compact between the State of California and the Tuolumne
Band of Me-wuk Indians, executed on September 10, 1999.
(53) The compact between the State of California and the Twenty
Nine Palms Band of Mission Indians, executed on September 10, 1999.
(54) The compact between the State of California and the Tyme
Maidu Tribe, Berry Creek Rancheria, executed on September 10, 1999.
(55) The compact between the State of California and the United
Auburn Indian Community, executed on September 10, 1999.
(56) The compact between the State of California and the Viejas
Band of Kumeyaay Indians, executed on September 10, 1999.
(57) The compact between the State of California and the Coyote
Valley Band of Pomo Indians, executed on September 10, 1999.
(b) Any other tribal-state gaming compact entered into between the
State of California and a federally recognized Indian tribe which is
executed after September 10, 1999, is hereby ratified if both of the
following are true:
(1) The compact is identical in all material respects to any of
the compacts expressly ratified pursuant to subdivision (a). A
compact shall be deemed to be materially identical to a compact
ratified pursuant to subdivision (a) if the Governor certifies it is
materially identical at the time he or she submits it to the
Legislature.
(2) The compact is not rejected by each house of the Legislature,
two-thirds of the membership thereof concurring, within 30 days of
the date of the submission of the compact to the Legislature by the
Governor. However, if the 30-day period ends during a joint recess of
the Legislature, the period shall be extended until the fifteenth
day following the day on which the Legislature reconvenes.
(c) The Legislature acknowledges the right of federally recognized
Indian tribes to exercise their sovereignty to negotiate and enter
into tribal-state gaming compacts that are materially different from
the compacts ratified pursuant to subdivision (a). These compacts
shall be ratified by a statute approved by each house of the
Legislature, a majority of the members thereof concurring, and signed
by the Governor, unless the statute contains implementing or other
provisions requiring a supermajority vote, in which case the statute
shall be approved in the manner required by the Constitution.
(d) The Governor is the designated state officer responsible for
negotiating and executing, on behalf of the state, tribal-state
gaming compacts with federally recognized Indian tribes located
within the State of California pursuant to the federal Indian Gaming
Regulatory Act of 1988 (18 U.S.C. Sec. 1166 to 1168, incl., and 25
U.S.C. Sec. 2701 et seq.) for the purpose of authorizing class III
gaming, as defined in that act, on Indian lands within this state.
Nothing in this section shall be construed to deny the existence of
the Governor's authority to have negotiated and executed tribal-state
gaming compacts prior to the effective date of this section.
(e) Following completion of negotiations conducted pursuant to
subdivision (b) or (c), the Governor shall submit a copy of any
executed tribal-state compact to both houses of the Legislature for
ratification, and shall submit a copy of the executed compact to the
Secretary of State for purposes of subdivision (f).
(f) Upon receipt of a statute ratifying a tribal-state compact
negotiated and executed pursuant to subdivision (c), or upon the
expiration of the review period described in subdivision (b), the
Secretary of State shall forward a copy of the executed compact and
the ratifying statute, if applicable, to the Secretary of the
Interior for his or her review and approval, in accordance with
paragraph (8) of subsection (d) of Section 2710 of Title 25 of the
United States Code.
(g) In deference to tribal sovereignty, neither the execution of a
tribal-state gaming compact nor the on-reservation impacts of
compliance with the terms of a tribal-state gaming compact shall be
deemed to constitute a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).
98021. The tribal-state gaming compact entered into in accordance
with the Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166
to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.) between the State of
California and the Torres-Martinez Desert Cahuilla Indians, executed
on August 12, 2003, is hereby ratified.
98022. (a) The tribal-state gaming compact entered into in
accordance with the Indian Gaming Regulatory Act of 1988 (18 U.S.C.
Secs. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.) between
the State of California and the La Posta Band of Diegueno Mission
Indians of the La Posta Indian Reservation, California, executed on
September 9, 2003, is hereby ratified.
(b) The tribal-state gaming compact entered into in accordance
with the Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166
to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.) between the State of
California and the Santa Ysabel Band of Diegueno Mission Indians of
the Santa Ysabel Reservation, California, executed on September 8,
2003, is hereby ratified.
98023. (a) The following amendments to tribal-state gaming
compacts entered into in accordance with the Indian Gaming Regulatory
Act of 1988 (18 U.S.C. Sec. 1166 to 1168, incl., and 25 U.S.C. Sec.
2701 et seq.) are hereby ratified:
(1) The amendment of the compact between the State of California
and the Pala Band of Mission Indians, executed on June 21, 2004.
(2) The amendment of the compact between the State of California
and the Pauma Band of Luiseno Mission Indians of the Pauma and Yuima
Reservation, executed on June 21, 2004.
(3) The amendment of the compact between the State of California
and the Rumsey Band of Wintun Indians, executed on June 21, 2004.
(4) The amendment of the compact between the State of California
and the United Auburn Indian Community, executed on June 21, 2004.
(5) The amendment of the compact between the State of California
and the Viejas Band of Kumeyaay Indians, executed on June 21, 2004.
(b) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):
(A) The execution of an amendment of tribal-state gaming compact
ratified by this section.
(B) The execution of an intergovernmental agreement between a
tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, an amended
tribal-state gaming compact ratified by this section.
(C) The on-reservation impacts of compliance with the terms of an
amended tribal-state gaming compact ratified by this section.
(D) The sale of compact assets as defined in subdivision (a) of
Section 63048.6 or the creation of the special purpose trust
established pursuant to Section 63048.65.
(2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, or city and
county from the requirements of the California Environmental Quality
Act.
98024. (a) The following tribal-state gaming compacts and
amendments of tribal-state gaming compacts entered into in accordance
with the Indian Gaming Regulatory Act of 1988 (18 U.S.C. Sec. 1166
to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.) are hereby ratified:
(1) The amendment of the compact between the State of California
and the Buena Vista Rancheria of Me-Wuk Indians, executed on August
23, 2004.
(2) The compact between the State of California and the Fort
Mojave Indian Tribe, executed on August 23, 2004.
(3) The compact between the State of California and the Coyote
Valley Band of Pomo Indians, executed on August 23, 2004.
(4) The amendment to the compact between the State of California
and the Ewiiaapaayp Band of Kumeyaay Indians, executed on August 23,
2004.
(5) The amendment to the compact between the State of California
and the Quechan Tribe of the Fort Yuma Indian Reservation, executed
on June 26, 2006.
(b) The terms of each compact apply only to the State of
California and the tribe that has signed it, and the terms of these
compacts do not bind any tribe that is not a signatory to any of the
compacts. The Legislature acknowledges the right of federally
recognized tribes to exercise their sovereignty to negotiate and
enter into compacts with the state that are materially different from
the compacts ratified pursuant to subdivision (a).
(c) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):
(A) The execution of an amendment of a tribal-state gaming compact
ratified by this section.
(B) The execution of a tribal-state gaming compact ratified by
this section.
(C) The execution of an intergovernmental agreement between a
tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, a tribal-state
gaming compact or an amended tribal-state gaming compact ratified by
this section.
(D) The execution of an intergovernmental agreement between a
tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
a tribal-state gaming compact or an amended tribal-state gaming
compact ratified by this section.
(E) The on-reservation impacts of compliance with the terms of a
tribal-state gaming compact or an amended tribal-state gaming compact
ratified by this section.
(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.
(2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, or city and
county, or the California Department of Transportation, from the
requirements of the California Environmental Quality Act.
(d) Revenue contributions made to the state by tribes pursuant to
the tribal-state gaming compacts and amendments of tribal-state
gaming compacts ratified by this section shall be deposited in the
General Fund.
98025. (a) The following tribal-state compacts entered in
accordance with the Indian Gaming Regulatory Act of 1988 (18 U.S.C.
Sec. 1166 et seq. and 25 U.S.C. Sec. 2701 et seq.) are hereby
ratified:
(1) The compact between the State of California and the Barona
Band of Mission Indians, executed on August 12, 1998.
(2) The compact between the State of California and the Big Sandy
Rancheria of Mono Indians, executed on July 20, 1998.
(3) The compact between the State of California and the Cher-Ae
Heights Indian Community of Trinidad Rancheria, executed on July 13,
1998.
(4) The compact between the State of California and the Jackson
Rancheria Band of Miwuk Indians, executed on July 13, 1998.
(5) The compact between the State of California and the Mooretown
Rancheria of Concow/Maidu Indians, executed on July 13, 1998.
(6) The compact between the State of California and the Pala Band
of Mission Indians, as approved by the Secretary of the Interior on
April 25, 1998.
(7) The compact between the State of California and the Redding
Rancheria, executed on August 11, 1998.
(8) The compact between the State of California and the Rumsey
Indian Rancheria of Wintun Indians of California, executed on July
13, 1998.
(9) The compact between the State of California and the Sycuan
Band of Mission Indians, executed on August 12, 1998.
(10) The compact between the State of California and the Table
Mountain Rancheria, executed on July 13, 1998.
(11) The compact between the State of California and the Viejas
Band of Kumeyaay Indians, executed on or about August 17, 1998.
The terms of each compact apply only to the State of California
and the tribe that has signed it, and the terms of these compacts do
not bind any tribe that is not a signatory to any of the compacts.
(b) Any other compact entered into between the State of California
and any other federally recognized Indian tribe which is executed
after August 24, 1998, is hereby ratified if (1) the compact is
identical in all material respects to any of the compacts ratified
pursuant to subdivision (a), and (2) the compact is not rejected by
each house of the Legislature, two-thirds of the membership thereof
concurring, within 30 days of the date of the submission of the
compact to the Legislature by the Governor. However, if the 30-day
period ends during a joint recess of the Legislature, the period
shall be extended until the fifteenth day following the day on which
the Legislature reconvenes. A compact will be deemed to be materially
identical to a compact ratified pursuant to subdivision (a) if the
Governor certifies that it is materially identical at the time he or
she submits it to the Legislature.
(c) The Legislature acknowledges the right of federally recognized
tribes to exercise their sovereignty to negotiate and enter into
compacts with the state that are materially different from the
compacts ratified pursuant to subdivision (a). These compacts shall
be ratified upon approval of each house of the Legislature, a
majority of the membership thereof concurring.
(d) The Governor is the designated state officer responsible for
negotiating and executing, on behalf of the state, tribal-state
gaming compacts with federally recognized Indian tribes in the State
of California pursuant to the federal Indian Gaming Regulatory Act of
1988 (18 U.S.C. Sec. 1166 et seq. and 25 U.S.C. Sec. 2701 et seq.)
for the purpose of authorizing class III gaming, as defined in that
act, on Indian lands. Nothing in this section shall be construed to
deny the existence of the Governor's authority to have negotiated and
executed tribal-state compacts prior to the effective date of this
section.
(e) The Governor is authorized to waive the state's immunity to
suit in federal court in connection with any compact negotiated with
an Indian tribe or any action brought by an Indian tribe under the
Indian Gaming Regulatory Act (18 U.S.C. Sec. 1166 et seq. and 25
U.S.C. Sec. 2701 et seq.).
(f) In deference to tribal sovereignty, the execution of, and
compliance with the terms of, any compact specified under subdivision
(a) or (b) shall not be deemed to constitute a project for purposes
of the California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code).
(g) Nothing in this section shall be interpreted to authorize the
unilateral imposition of a statewide limit on the number of lottery
devices or of any allocation system for lottery devices on any Indian
tribe that has not entered into a compact that provides for such a
limit or allocation system. Each tribe may negotiate separately with
the state over these matters on a government-to-government basis.
98026. (a) The amendment to the tribal-state gaming compact
entered into in accordance with the Indian Gaming Regulatory Act of
1988 (18 U.S.C. Sec. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et
seq.) between the State of California and the Agua Caliente Band of
Cahuilla Indians, executed on August 8, 2006, is hereby ratified.
(b) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):
(A) The execution of an amendment to the amended tribal-state
gaming compact ratified by this section.
(B) The execution of the amended tribal-state gaming compact
ratified by this section.
(C) The execution of an intergovernmental agreement between a
tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the amended
tribal-state gaming compact ratified by this section.
(D) The execution of an intergovernmental agreement between a
tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the amended tribal-state gaming compact ratified by this section.
(E) The on-reservation impacts of compliance with the terms of the
amended tribal-state gaming compact ratified by this section.
(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.
(2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, or city and
county, or the California Department of Transportation, from the
requirements of the California Environmental Quality Act.
(c) Revenue contributions made to the state by tribes pursuant to
the amended tribal-state gaming compact ratified by this section
shall be deposited in the General Fund.
98027. The memorandum of agreement entered into between the State
of California and the Agua Caliente Band of Cahuilla Indians,
executed on June 27, 2007, is hereby approved.
98028. (a) The amendment to the tribal-state gaming compact
entered into in accordance with the Indian Gaming Regulatory Act of
1988 (18 U.S.C. Sec. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et
seq.) between the State of California and the San Manuel Band of
Mission Indians, executed on August 28, 2006, is hereby ratified.
(b) The terms of the amended compact ratified by this section
shall apply only to the State of California and the tribe that has
signed it, and shall not bind any tribe that is not a signatory to
the amended compact. The Legislature acknowledges the right of
federally recognized tribes to exercise their sovereignty to
negotiate and enter into compacts with the state that are materially
different from the amended compact ratified pursuant to subdivision
(a).
(c) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):
(A) The execution of an amendment to the amended tribal-state
gaming compact ratified by this section.
(B) The execution of the amended tribal-state gaming compact
ratified by this section.
(C) The execution of an
intergovernmental agreement between a tribe and a county or city
government negotiated pursuant to the express authority of, or as
expressly referenced in, the amended tribal-state gaming compact
ratified by this section.
(D) The execution of an intergovernmental agreement between a
tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the amended tribal-state gaming compact ratified by this section.
(E) The on-reservation impacts of compliance with the terms of the
amended tribal-state gaming compact ratified by this section.
(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.
(2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, or city and
county, or the California Department of Transportation, from the
requirements of the California Environmental Quality Act.
(d) Revenue contributions made to the state by tribes pursuant to
the amended tribal-state gaming compact ratified by this section
shall be deposited in the General Fund, or as otherwise provided in
the amended compact.
98029. The letter of agreement entered into between the State of
California and the San Manuel Band of Mission Indians, executed on
September 5, 2007, is hereby approved.
98030. (a) The amendment to the tribal-state gaming compact
entered into in accordance with the Indian Gaming Regulatory Act of
1988 (18 U.S.C. Sec. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et
seq.) between the State of California and the Morongo Band of Mission
Indians, executed on August 29, 2006, is hereby ratified.
(b) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):
(A) The execution of an amendment to the amended tribal-state
gaming compact ratified by this section.
(B) The execution of the amended tribal-state gaming compact
ratified by this section.
(C) The execution of an intergovernmental agreement between a
tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the amended
tribal-state gaming compact ratified by this section.
(D) The execution of an intergovernmental agreement between a
tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the amended tribal-state gaming compact ratified by this section.
(E) The on-reservation impacts of compliance with the terms of the
amended tribal-state gaming compact ratified by this section.
(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.
(2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, or city and
county, or the California Department of Transportation, from the
requirements of the California Environmental Quality Act.
(c) Revenue contributions made to the state by tribes pursuant to
the amended tribal-state gaming compact ratified by this section
shall be deposited in the General Fund.
98031. The memorandum of agreement entered into between the State
of California and the Morongo Band of Mission Indians, executed on
June 27, 2007, is hereby approved.
98032. (a) The amendment to the tribal-state gaming compact
entered into in accordance with the Indian Gaming Regulatory Act of
1988 (18 U.S.C. Sec. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et
seq.) between the State of California and the Pechanga Band of
Luiseno Mission Indians, executed on August 28, 2006, is hereby
ratified.
(b) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):
(A) The execution of an amendment to the amended tribal-state
gaming compact ratified by this section.
(B) The execution of the amended tribal-state gaming compact
ratified by this section.
(C) The execution of an intergovernmental agreement between a
tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the amended
tribal-state gaming compact ratified by this section.
(D) The execution of an intergovernmental agreement between a
tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the amended tribal-state gaming compact ratified by this section.
(E) The on-reservation impacts of compliance with the terms of the
amended tribal-state gaming compact ratified by this section.
(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.
(2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, or city and
county, or the California Department of Transportation, from the
requirements of the California Environmental Quality Act.
(c) Revenue contributions made to the state by the tribe pursuant
to the amended tribal-state gaming compact ratified by this section
shall be deposited in the General Fund.
98033. The memorandum of agreement entered into between the State
of California and the Pechanga Band of Luiseno Indians, executed on
June 27, 2007, is hereby approved.
98034. (a) The amendment to the tribal-state gaming compact
entered into in accordance with the Indian Gaming Regulatory Act of
1988 (18 U.S.C. Sec. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et
seq.) between the State of California and the Sycuan Band of the
Kumeyaay Nation, executed on August 30, 2006, is hereby ratified.
(b) The terms of the amended compact ratified by this section
shall apply only to the State of California and the tribe that has
signed it, and shall not bind any tribe that is not a signatory to
the amended compact. The Legislature acknowledges the right of
federally recognized tribes to exercise their sovereignty to
negotiate and enter into compacts with the state that are materially
different from the amended compact ratified pursuant to subdivision
(a).
(c) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):
(A) The execution of an amendment to the amended tribal-state
gaming compact ratified by this section.
(B) The execution of the amended tribal-state gaming compact
ratified by this section.
(C) The execution of an intergovernmental agreement between a
tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the amended
tribal-state gaming compact ratified by this section.
(D) The execution of an intergovernmental agreement between a
tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the amended tribal-state gaming compact ratified by this section.
(E) The on-reservation impacts of compliance with the terms of the
amended tribal-state gaming compact ratified by this section.
(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.
(2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, or city and
county, or the California Department of Transportation, from the
requirements of the California Environmental Quality Act.
(d) Revenue contributions made to the state by the tribe pursuant
to the amended tribal-state gaming compact ratified by this section
shall be deposited in the General Fund, or as otherwise provided in
the amended compact.
98035. The memorandum of agreement entered into between the State
of California and the Sycuan Band of the Kumeyaay Nation, executed
on June 27, 2007, is hereby approved.
98036. (a) The tribal-state gaming compact entered into in
accordance with the Indian Gaming Regulatory Act of 1988 (18 U.S.C.
Sec. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.) between
the State of California and the Yurok Tribe of the Yurok Reservation,
executed on August 29, 2006, is hereby ratified.
(b) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):
(A) The execution of an amendment of the tribal-state gaming
compact ratified by this section.
(B) The execution of the tribal-state gaming compact ratified by
this section.
(C) The execution of an intergovernmental agreement between a
tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the tribal-state
gaming compact ratified by this section.
(D) The execution of an intergovernmental agreement between a
tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the tribal-state gaming compact ratified by this section.
(E) The on-reservation impacts of compliance with the terms of the
tribal-state gaming compact ratified by this section.
(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.
(2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, or city and
county, or the California Department of Transportation, from the
requirements of the California Environmental Quality Act.
(c) Revenue contributions made to the state by the tribe pursuant
to the tribal-state gaming compact ratified by this section shall be
deposited in the General Fund.
98037. (a) The amendment to the tribal-state gaming compact
entered into in accordance with the Indian Gaming Regulatory Act of
1988 (18 U.S.C. Secs. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et
seq.) between the State of California and the Shingle Springs Band
of Miwok Indians, executed on June 30, 2008, is hereby ratified.
(b) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):
(A) The execution of an amendment to the amended tribal-state
gaming compact ratified by this section.
(B) The execution of the amended tribal-state gaming compact
ratified by this section.
(C) The execution of an intergovernmental agreement between a
tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the amended
tribal-state gaming compact ratified by this section.
(D) The execution of an intergovernmental agreement between a
tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the amended tribal-state gaming compact ratified by this section.
(E) The on-reservation impacts of compliance with the terms of the
amended tribal-state gaming compact ratified by this section.
(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.
(2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, or city and
county, or the California Department of Transportation, from the
requirements of the California Environmental Quality Act.
(c) Revenue contributions made to the state by the tribe pursuant
to the tribal-state gaming compact ratified by this section shall be
deposited in the General Fund, except as otherwise provided by the
amended compact or by a statute directing that a portion of the
revenue contributions be deposited in a special fund.
CHAPTER 2. TRIBAL GAMING REVENUE
98050. There is hereby created in the State Treasury a special
fund called the "Indian Gaming Revenue Sharing Trust Fund" for the
receipt and deposit of moneys derived from gaming device license fees
that are paid into the fund pursuant to the terms of tribal-state
gaming compacts for the purpose of making distributions to noncompact
tribes. Moneys in the Indian Gaming Revenue Sharing Trust Fund shall
be available to the California Gambling Control Commission, upon
appropriation by the Legislature, for the purpose of making
distributions to noncompact tribes, in accordance with distribution
plans specified in tribal-state gaming compacts.
98051. There is hereby created in the State Treasury a fund
called the "Indian Gaming Special Distribution Fund" for the receipt
and deposit of moneys received by the state from Indian tribes
pursuant to the terms of tribal-state gaming compacts. These moneys
shall be available for appropriation by the Legislature for the
following purposes:
(a) Grants, including any administrative costs, for programs
designed to address gambling addiction.
(b) Grants, including any administrative costs, for the support of
state and local government agencies impacted by tribal government
gaming.
(c) Compensation for regulatory costs incurred by the State Gaming
Agency and the Department of Justice in connection with the
implementation and administration of tribal-state gaming compacts.
(d) Payment of shortfalls that may occur in the Indian Gaming
Revenue Sharing Trust Fund. This shall be the priority use of moneys
in the Indian Gaming Special Distribution Fund.
(e) Disbursements for the purpose of implementing the terms of
tribal labor relations ordinances promulgated in accordance with the
terms of tribal-state gaming compacts ratified pursuant to Chapter
874 of the Statutes of 1999. No more than 10 percent of the funds
appropriated in the Budget Act of 2000 for implementation of tribal
labor relations ordinances promulgated in accordance with those
compacts shall be expended in the selection of the Tribal Labor
Panel. The Department of Personnel Administration shall consult with
and seek input from the parties prior to any expenditure for purposes
of selecting the Tribal Labor Panel. Other than the cost of
selecting the Tribal Labor Panel, there shall be no further
disbursements until the Tribal Labor Panel, which is selected by
mutual agreement of the parties, is in place.
(f) Any other purpose specified by law.
(g) Priority for funding from the Indian Gaming Special
Distribution Fund is in the following descending order:
(1) An appropriation to the Indian Gaming Revenue Sharing Trust
Fund in an aggregate amount sufficient to make payments of any
shortfalls that may occur in the Indian Gaming Revenue Sharing Trust
Fund.
(2) An appropriation to the Office of Problem and Pathological
Gambling within the State Department of Alcohol and Drug Programs for
problem gambling prevention programs.
(3) The amount appropriated in the annual Budget Act for
allocation between the Division of Gambling Control
Department of Justice and the California
Gambling Control Commission for regulatory functions that directly
relates to Indian gaming.
(4) An appropriation for the support of local government agencies
impacted by tribal gaming.
98052. (a) (1) For each fiscal year commencing with the 2002-03
fiscal year to the 2004-05 fiscal year, inclusive, the California
Gambling Control Commission shall determine the aggregate amount of
shortfalls in payments that occurred in the Indian Gaming Revenue
Sharing Trust Fund pursuant to Section 4.3.2.1 of the tribal-state
gaming compacts ratified and in effect as provided in subdivision (f)
of Section 19 of Article IV of the California Constitution as
determined below:
(A) For each eligible recipient Indian tribe that received money
for all four quarters of the fiscal year, the difference between one
million one hundred thousand dollars ($1,100,000) and the actual
amount paid to each eligible recipient Indian tribe during the fiscal
year from the Indian Gaming Revenue Sharing Trust Fund.
(B) For each eligible recipient Indian tribe that received moneys
for less than four quarters of the fiscal year, the difference
between two hundred seventy-five thousand dollars ($275,000) for each
quarter in the fiscal year that a recipient Indian tribe was
eligible to receive moneys and the actual amount paid to each
eligible recipient Indian tribe during the fiscal year from the
Indian Gaming Revenue Sharing Trust Fund.
(2) For purposes of this section, "eligible recipient Indian tribe"
means a noncompact tribe, as defined in Section 4.3.2(a)(i) of the
tribal-state gaming compacts ratified and in effect as provided in
subdivision (f) of Section 19 of Article IV of the California
Constitution.
(b) The California Gambling Control Commission shall provide to
the committee in the Senate and Assembly that considers the State
Budget an estimate of the amount needed to backfill the Indian Gaming
Revenue Sharing Trust Fund on or before the date of the May budget
revision for each fiscal year.
(c) An eligible recipient Indian tribe may not receive an amount
from the backfill appropriated following the estimate made pursuant
to subdivision (b) that would give the eligible recipient Indian
tribe an aggregate amount in excess of two hundred seventy-five
thousand dollars ($275,000) per eligible quarter. Any funds
transferred from the Indian Gaming Special Distribution Fund to the
Indian Gaming Revenue Sharing Trust Fund that result in a surplus
shall revert back to the Indian Gaming Special Distribution Fund
following the authorization of the final payment of the fiscal year.
(d) Upon a transfer of moneys from the Indian Gaming Special
Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund and
appropriation from the trust fund, the California Gambling Control
Commission shall distribute the moneys without delay to eligible
recipient Indian tribes for each quarter that a tribe was eligible to
receive a distribution during the fiscal year immediately preceding.
(e) For each fiscal year commencing with the 2005-06 fiscal year,
all of the following shall apply and subdivisions (b) to (d),
inclusive, shall not apply:
(1) On or before the day of the May budget revision for each
fiscal year, the California Gambling Control Commission shall
determine the anticipated total amount of shortfalls in payment
likely to occur in the Indian Gaming Revenue Sharing Trust Fund for
the upcoming fiscal year, and shall provide to the committee in the
Senate and Assembly that considers the State Budget an estimate of
the amount needed to transfer from the Indian Gaming Special
Distribution Fund to backfill the Indian Gaming Revenue Sharing Trust
Fund for the next fiscal year. The anticipated total amount of
shortfalls to be transferred from the Indian Gaming Special
Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund
shall be determined by the California Gambling Control Commission as
follows:
(A) The anticipated number of eligible recipient tribes that will
be eligible to receive payments for the next fiscal year, multiplied
by one million one hundred thousand dollars ($1,100,000), with that
product reduced by the amount anticipated to be paid by the tribes
directly into the Indian Gaming Revenue Sharing Trust Fund for the
fiscal year.
(B) This amount shall be based upon actual payments received into
the Indian Gaming Revenue Sharing Trust Fund the previous fiscal
year, with adjustments made due to amendments to existing
tribal-state compacts or newly executed tribal-state compacts with
respect to payments to be made to the Indian Gaming Revenue Sharing
Trust Fund.
(2) The Legislature shall transfer from the Indian Gaming Special
Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund an
amount sufficient for each eligible recipient tribe to receive a
total not to exceed two hundred seventy-five thousand dollars
($275,000) for each quarter in the upcoming fiscal year an eligible
recipient tribe is eligible to receive moneys, for a total not to
exceed one million, one hundred thousand dollars ($1,100,000) for the
entire fiscal year. The California Gambling Control Commission shall
make quarterly payments from the Indian Gaming Revenue Sharing Trust
Fund to each eligible recipient Indian tribe within 45 days of the
end of each fiscal quarter.
(3) If the transfer of funds from the Indian Gaming Special
Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund
results in a surplus, the funds shall remain in the Indian Gaming
Revenue Sharing Trust Fund for disbursement in future years, and if
necessary, adjustments shall be made to future distributions from the
Indian Gaming Special Distribution Fund to the Revenue Sharing Trust
Fund.
(4) In the event the amount appropriated for the fiscal year is
insufficient to ensure each eligible recipient tribe receives the
total of two hundred seventy-five thousand dollars ($275,000) for
each fiscal quarter, the Department of Finance, after consultation
with the California Gambling Control Commission, shall submit to the
Legislature a request for a budget augmentation for the current
fiscal year with an explanation as to the reason why the amount
appropriated for the fiscal year was insufficient.
(5) At the end of each fiscal quarter, the California Gambling
Control Commission's Indian Gaming Revenue Sharing Trust Fund report
shall include information that identifies each of the eligible
recipient tribes eligible to receive a distribution for that fiscal
quarter, the amount paid into the Indian Gaming Revenue Sharing Trust
Fund by each of the tribes pursuant to the applicable sections of
the tribal-state compact, and the amount necessary to backfill from
the Indian Gaming Special Distribution Fund the shortfall in the
Indian Gaming Revenue Sharing Trust Fund in order for each eligible
recipient tribe to receive the total of two hundred seventy-five
thousand dollars ($275,000) for the fiscal quarter.
(6) Based upon the projected shortfall in the Indian Gaming
Revenue Sharing Trust Fund, for the 2005-06 fiscal year, the sum of
fifty million dollars ($50,000,000) is hereby transferred from the
Indian Gaming Special Distribution Fund to the Indian Gaming Revenue
Sharing Trust Fund and is hereby appropriated from that fund to the
California Gambling Control Commission for distribution to each
eligible recipient tribe pursuant to this section.
CHAPTER 3. GRANTS OF TRIBAL GAMING REVENUE TO LOCAL AGENCIES
98055. This chapter establishes the method of calculating the
distribution of appropriations from the Indian Gaming Special
Distribution Fund for grants to local government agencies impacted by
tribal gaming.
98056. (a) It is the intent of the Legislature to establish a
fair and proportionate system to award grants from the Indian Gaming
Special Distribution Fund for the support of local government
agencies impacted by tribal gaming. It is also the intent of the
Legislature that priority for funding shall be given to local
government agencies impacted by the tribal casinos that contribute to
the Indian Gaming Special Distribution Fund.
(b) It is the intent of the Legislature that in the event that any
compact between any tribe and the state takes effect on or after
January 1, 2004, or that any compact between any tribe and the state
that took effect on or before May 16, 2000, is renegotiated and
reexecuted at any time after its initial effective date, money
provided to the state by a tribe pursuant to the terms of these
compacts shall be applied on a pro rata basis to the state costs for
the regulation of gaming and for problem gambling prevention programs
in the Office of Problem and Pathological Gambling within the State
Department of Alcohol and Drug Programs.
(c) It is the intent of the Legislature that if any compact
between any tribe and the state takes effect on or after January 1,
2004, or if any compact between any tribe and the state that took
effect on or before May 16, 2000, is renegotiated and reexecuted at
any time after its initial effective date, any revenue sharing
provisions of that compact that requires distributions to nongaming
or noncompact tribes shall result in a decrease in the amount that
the Legislature appropriates pursuant to this chapter.
98057. (a) "County Tribal Casino Account" means an account
consisting of all moneys paid by tribes of that county into the
Indian Gaming Special Distribution Fund after deduction of the
amounts appropriated pursuant to the priorities specified in Section
12012.85.
(b) "Individual Tribal Casino Accounts" means an account for each
individual tribe that has paid money into the Indian Gaming Special
Distribution Fund. The individual tribal casino account shall be
funded in proportion to the amount that the individual tribe has paid
into the Indian Gaming Special Distribution Fund.
(c) "Local government jurisdiction" or "local jurisdiction" means
any city, county, or special district.
(d) "Special district" means any agency of the state that performs
governmental or proprietary functions within limited boundaries.
"Special district" includes a county service area, a maintenance
district or area, an improvement district or improvement zone, or any
other zone, district, or area that meets the requirements of this
subdivision. "Special district" does not include a city, county,
school district, or community college district.
98058. The Department of Finance, in consultation with the
California Gambling Control Commission, shall calculate the total
revenue in the Indian Gaming Special Distribution Fund that will be
available for the current budget year for local government agencies
impacted by tribal gaming. The department shall include this
information in the May budget revision.
98059. (a) A County Tribal Casino Account is hereby created in
the treasury for each county that contains a tribal casino.
(b) The amount to be deposited into each eligible county'
s County Tribal Casino Account shall be calculated in the following
way:
(1) (A) For counties that do not have gaming devices subject to an
obligation to make contributions to the Indian Gaming Special
Distribution Fund, the total amount to be appropriated by the
Legislature for grants to local government agencies impacted by
tribal gaming shall be multiplied by 5 percent.
(B) The amount determined pursuant to subparagraph (A) shall be
divided by the aggregate number of gaming devices located in those
counties that do not have gaming devices subject to an obligation to
make contributions to the Indian Gaming Special Distribution Fund.
(C) The amount determined pursuant to subparagraph (B) shall be
multiplied by the number of gaming devices located in each county for
which an appropriation is being calculated that are not subject to
an obligation to make contributions to the Indian Gaming Special
Distribution Fund.
(D) The amount determined pursuant to subparagraph (C) shall be
deposited into the County Tribal Casino Account for the county for
which the appropriation was calculated.
(2) (A) For counties that have gaming devices subject to an
obligation to make contributions to the Indian Gaming Special
Distribution Fund, the total amount to be appropriated by the
Legislature for grants to local government agencies impacted by
tribal gaming shall be multiplied by 95 percent.
(B) The amount determined pursuant to subparagraph (A) shall be
divided by the aggregate number of gaming devices located in those
counties that have gaming devices subject to an obligation to make
contributions to the Indian Gaming Special Distribution Fund.
(C) The amount determined pursuant to subparagraph (B) shall be
multiplied by the number of gaming devices located in each county for
which an appropriation is being calculated that are subject to an
obligation to make contributions to the Indian Gaming Special
Distribution Fund.
(D) The amount determined pursuant to subparagraph (C) shall be
deposited into the County Tribal Casino Account for the county for
which the appropriation was calculated.
98060. (a) The Controller, acting in consultation with the
California Gambling Control Commission, shall 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 for each
tribe that operates a casino within the county. These accounts shall
be known as Individual Tribal Casino Accounts, and funds may be
released from these accounts to make grants selected by an Indian
Gaming Local Community Benefit Committee pursuant to the method
established by this section to local jurisdictions impacted by tribal
casinos. Each Individual Tribal Casino Account shall be funded in
proportion to the amount that each individual tribe paid in the prior
fiscal year to the Indian Gaming Special Distribution Fund.
(b) (1) There is hereby created in each county in which Indian
gaming is conducted an Indian Gaming Local Community Benefit
Committee. The selection of all grants from each Individual Tribal
Casino Account or County Tribal Casino Account shall be made by each
county's Indian Gaming Local Community Benefit Committee. In
selecting grants, the Indian Gaming Local Community Benefit Committee
shall follow the priorities established in subdivision (g) and the
requirements specified in subdivision (h). This committee has the
following additional responsibilities:
(A) Establishing all application policies and procedures for
grants from the Individual Tribal Casino Account or County Tribal
Casino Account.
(B) Assessing the eligibility of applications for grants from
local jurisdictions impacted by tribal gaming operations.
(C) Determining the appropriate amount for reimbursement from the
aggregate county tribal account of the demonstrated costs incurred by
the county for administering the grant programs. The reimbursement
for county administrative costs may not exceed 2 percent of the
aggregate county tribal account in any given fiscal year.
(2) Except as provided in Section 12715.5, the Indian Gaming Local
Community Benefit Committee shall be composed of seven
representatives, consisting of the following:
(A) Two representatives from the county, selected by the county
board of supervisors.
(B) Three elected representatives from cities located within four
miles of a tribal casino in the county, selected by the county board
of supervisors. In the event that there are no cities located within
four miles of a tribal casino in the county, other local
representatives may be selected upon mutual agreement by the county
board of supervisors and a majority of the tribes paying into the
Indian Gaming Special Distribution Fund in the county. When there are
no cities within four miles of a tribal casino in the county, and
when the Indian Gaming Local Community Benefit Committee acts on
behalf of a county where no tribes pay into the Indian Gaming Special
Distribution Fund, other local representatives may be selected upon
mutual agreement by the county board of supervisors and a majority of
the tribes operating casinos in the county. However, if only one
city is within four miles of a tribal casino and that same casino is
located entirely within the unincorporated area of that particular
county, only one elected representative from that city shall be
included on the Indian Gaming Local Community Benefit Committee.
(C) Two representatives selected upon the recommendation of a
majority of the tribes paying into the Indian Gaming Special
Distribution Fund in each county. When an Indian Gaming Local
Community Benefit Committee acts on behalf of a county where no
tribes pay into the Indian Gaming Special Distribution Fund, the two
representatives may be selected upon the recommendation of the tribes
operating casinos in the county.
(c) Sixty percent of each individual tribal casino account shall
be available for nexus grants on a yearly basis to cities and
counties impacted by tribes that are paying into the Indian Gaming
Special Distribution Fund, according to the four-part nexus test
described in paragraph (1). Grant awards shall be selected by each
county's Indian Gaming Local Community Benefit Committee and shall be
administered by the county. Grants may be awarded on a multiyear
basis, and these multiyear grants shall be accounted for in the grant
process for each year.
(1) A nexus test based on the geographical proximity of a local
government jurisdiction to an individual Indian land upon which a
tribal casino is located shall be used by each county's Indian Gaming
Local Community Benefit Committee to determine the relative priority
for grants, using the following criteria:
(A) Whether the local government jurisdiction borders the Indian
lands on all sides.
(B) Whether the local government jurisdiction partially borders
Indian lands.
(C) Whether the local government jurisdiction maintains a highway,
road, or other thoroughfare that is the predominant access route to
a casino that is located within four miles.
(D) Whether all or a portion of the local government jurisdiction
is located within four miles of a casino.
(2) Fifty percent of the amount specified in subdivision (c) shall
be awarded in equal proportions to local government jurisdictions
that meet all four of the nexus test criteria in paragraph (1). If no
eligible local government jurisdiction satisfies this requirement,
the amount specified in this paragraph shall be made available for
nexus grants in equal proportions to local government jurisdictions
meeting the requirements of paragraph (3) or (4).
(3) Thirty percent of the amount specified in subdivision (c)
shall be awarded in equal proportions to local government
jurisdictions that meet three of the nexus test criteria in paragraph
(1). If no eligible local government jurisdiction satisfies this
requirement, the amount specified in this paragraph shall be made
available for nexus grants in equal proportions to local government
jurisdictions meeting the requirements of paragraph (2) or (4).
(4) Twenty percent of the amount specified in subdivision (c)
shall be awarded in equal proportions to local government
jurisdictions that meet two of the nexus test criteria in paragraph
(1). If no eligible local government jurisdiction satisfies this
requirement, the amount specified in this paragraph shall be made
available for nexus grants in equal proportions to local government
jurisdictions meeting the requirements of paragraph (2) or (3).
(d) Twenty percent of each Individual Tribal Casino Account shall
be available for discretionary grants to local jurisdictions impacted
by tribes that are paying into the Indian Gaming Special
Distribution Fund. These discretionary grants shall be made available
to all local jurisdictions in the county irrespective of any nexus
to impacts from any particular tribal casino, as described in
paragraph (1) of subdivision (c). Grant awards shall be selected by
each county's Indian Gaming Local Community Benefit Committee and
shall be administered by the county. Grants may be awarded on a
multiyear basis, and these multiyear grants shall be accounted for in
the grant process for each year.
(e) (1) Twenty percent of each Individual Tribal Casino Account
shall be available for discretionary grants to local jurisdictions
impacted by tribes that are not paying into the Indian Gaming Special
Distribution Fund. These grants shall be made available to local
jurisdictions in the county irrespective of any nexus to impacts from
any particular tribal casino, as described in paragraph (1) of
subdivision (c), and irrespective of whether the impacts presented
are from a tribal casino that is not paying into the Indian Gaming
Special Distribution Fund. Grant awards shall be selected by each
county's Indian Gaming Local Community Benefit Committee and shall be
administered by the county. Grants may be awarded on a multiyear
basis, and these multiyear grants shall be accounted for in the grant
process for each year.
(A) Grants awarded pursuant to this subdivision are limited to
addressing service-oriented impacts and providing assistance with
one-time large capital projects related to Indian gaming impacts.
(B) Grants shall be subject to the sole sponsorship of the tribe
that pays into the Indian Gaming Special Distribution Fund and the
recommendations of the Indian Gaming Local Community Benefit
Committee for that county.
(2) If an eligible county does not have a tribal casino operated
by a tribe that does not pay into the Indian Gaming Special
Distribution Fund, the money available for discretionary grants under
this subdivision shall be available for distribution pursuant to
subdivision (d).
(f) (1) For each county that does not have gaming devices subject
to an obligation to make payments to the Indian Gaming Special
Distribution Fund, funds may be released from the county's County
Tribal Casino Account to make grants selected by the county's Indian
Gaming Local Community Benefit Committee pursuant to the method
established by this section to local jurisdictions impacted by tribal
casinos. These grants shall be made available to local jurisdictions
in the county irrespective of any nexus to any particular tribal
casino. These grants shall follow the priorities specified in
subdivision (g) and the requirements specified in subdivision (h).
(2) Funds not allocated from a county tribal casino account by the
end of each fiscal year shall revert back to the Indian Gaming
Special Distribution Fund. Moneys allocated for the 2003-04 fiscal
year shall be eligible for expenditure through December 31, 2004.
(g) The following uses shall be the priorities for the receipt of
grant money from Individual Tribal Casino Accounts: law enforcement,
fire services, emergency medical services, environmental impacts,
water supplies, waste disposal, behavioral, health, planning and
adjacent land uses, public health, roads, recreation and youth
programs, and child care programs.
(h) In selecting grants pursuant to subdivision (b), an Indian
Gaming Local Community Benefit Committee shall select only grant
applications that mitigate impacts from casinos on local
jurisdictions. If a local jurisdiction uses a grant selected pursuant
to subdivision (b) for any unrelated purpose, the grant shall
terminate immediately and any moneys not yet spent shall revert to
the Indian Gaming Special Distribution Fund. If a local jurisdiction
approves an expenditure that mitigates an impact from a casino on a
local jurisdiction and that also provides other benefits to the local
jurisdiction, the grant selected pursuant to subdivision (b) shall
be used to finance only the proportionate share of the expenditure
that mitigates the impact from the casino.
(i) All grants from Individual Tribal Casino Accounts shall be
made only upon the affirmative sponsorship of the tribe paying into
the Indian Gaming Special Distribution Fund from whose Individual
Tribal Casino Account the grant moneys are available for
distribution. Tribal sponsorship shall confirm that the grant
application has a reasonable relationship to a casino impact and
satisfies at least one of the priorities listed in subdivision (g). A
grant may not be made for any purpose that would support or fund,
directly or indirectly, any effort related to the opposition or
challenge to Indian gaming in the state, and, to the extent any
awarded grant is utilized for any prohibited purpose by any local
government, upon notice given to the county by any tribe from whose
Individual Tribal Casino Account the awarded grant went toward that
prohibited use, the grant shall terminate immediately and any moneys
not yet used shall again be made available for qualified nexus
grants.
(j) A local government jurisdiction that is a recipient of a grant
from an Individual County Tribal Casino Account or a County Tribal
Casino Account shall provide notice to the public, either through a
slogan, signage, or other mechanism, stating that the local
government project has received funding from the Indian Gaming
Special Distribution Fund and further identifying the particular
Individual Tribal Casino Account from which the grant derives.
(k) (1) Each county's Indian Gaming Local Community Benefit
Committee shall submit to the Controller a list of approved projects
for funding from Individual Tribal Casino Accounts. Upon receipt of
this list, the Controller shall release the funds directly to the
local government entities for which a grant has been approved by the
committee.
(2) Funds not allocated from an Individual Tribal Casino Account
by the end of each fiscal year shall revert back to the Indian Gaming
Special Distribution Fund. Moneys allocated for the 2003-04 fiscal
year shall be eligible for expenditure through December 31, 2004.
(l) Notwithstanding any other law, a local government jurisdiction
that receives a grant from an Individual Tribal Casino Account shall
deposit all funds received in an interest-bearing account and use
the interest from those funds only for the purpose of mitigating an
impact from a casino. If any portion of the funds in the account are
used for any other purpose, the remaining portion shall revert to the
Indian Gaming Special Distribution Fund. As a condition of receiving
further funds under this section, a local government jurisdiction,
upon request of the county, shall demonstrate to the county that all
expenditures made from the account have been in compliance with the
requirements of this section.
98061. In San Diego County, the Indian Gaming Local Community
Benefit Committee shall be comprised of seven representatives,
consisting of the following:
(a) Two representatives from the county, selected by the county
board of supervisors.
(b) One elected representative from the city located within four
miles of a tribal casino in the county, selected by the county board
of supervisors.
(c) Three representatives selected upon the recommendation of a
majority of the tribes paying into the Indian Gaming Special
Distribution Fund in the county.
(d) The sheriff of San Diego County.
98062. (a) Each county that administers grants from the Indian
Gaming Special Distribution Fund shall provide an annual report to
the Chairperson of the Joint Legislative Budget Committee, the
chairpersons of the Senate and Assembly committees on governmental
organization, and the California Gambling Control Commission by
October 1 of each year detailing the specific projects funded by all
grants in the county's jurisdiction in the previous fiscal year,
including amounts expended in that fiscal year, but funded from
appropriations in prior fiscal years. The report shall provide
detailed information on the following:
(1) The amount of grant funds received by the county.
(2) A description of each project that is funded.
(3) A description of how each project mitigates the impact of
tribal gaming.
(4) The total expenditures for each project.
(5) All administrative costs related to each project, excluding
the county's administrative fee.
(6) The funds remaining at the end of the fiscal year for each
project.
(7) An explanation regarding how any remaining funds will be spent
for each project, including the estimated time for expenditure.
(8) A description of whether each project is funded once or on a
continuing basis.
(b) A county that does not provide an annual report pursuant to
subdivision (a) shall not be eligible for funding from the Indian
Gaming Special Distribution Fund for the following year.
98063. The State Auditor shall conduct an audit every three years
regarding the allocation and use of moneys from the Indian Gaming
Special Distribution Fund by the recipient of the grant moneys. The
State Auditor shall report its findings to the Legislature and to all
other appropriate entities.
98064. This chapter shall remain in effect only until January 1,
2011 2021 , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2011 2021 , deletes or
extends that date.
