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AB-880 Tribal Nation Grant Fund.(2017-2018)

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Date Published: 05/03/2017 09:00 PM
AB880:v98#DOCUMENT

Amended  IN  Assembly  May 03, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 880


Introduced by Assembly Member Gray

February 16, 2017


An act to amend Section 12012.95 of the Government Code, relating to tribal gaming.


LEGISLATIVE COUNSEL'S DIGEST


AB 880, as amended, Gray. Tribal Nation Grant Fund.
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 expressly ratifies a number of tribal-state gaming compacts, and amendments to tribal-state gaming compacts, between the State of California and specified Indian tribes. Existing law creates in the State Treasury the Tribal Nation Grant Fund, administered by the California Gambling Control Commission, for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of tribal-state gaming compacts. Existing law authorizes moneys in the fund, upon appropriation by the Legislature, to be available for the discretionary distribution of funds to nongaming tribes and limited gaming tribes upon application of those tribes for purposes related to effective self-governance, self-determined community, and economic development.
This bill would instead require the commission to administer the fiscal operations of the Tribal Nation Grant Fund and would specify that the commission is to act as a limited trustee not subject to the duties and liability contained in the Probate Code, similar state or federal statutes, rules or regulations, or under state or federal common law or equitable principles. The bill would require the commission to allocate and disburse the moneys in the Tribal Nation Grant Fund, as specified, directed, to one or more eligible nongaming tribes and limited gaming tribes upon a competitive application basis. The bill would prohibit the commission from exercising any discretion or control over, or from bearing any responsibility arising from, the recipient tribes’ uses or disbursement of Tribal Nation Grant Fund moneys. The bill would require the state-designated agency to perform any necessary audits to ensure that moneys awarded to any tribe are being used in accordance with their disbursement in relation to the purpose of the Tribal Nation Grant Fund. The bill would specify that the Tribal Nation Grant Fund is intended to assist eligible tribal governments in deploying comprehensive business planning strategies and activities.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 12012.95 of the Government Code is amended to read:

12012.95.
 (a) There is hereby created in the State Treasury the Tribal Nation Grant Fund for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of tribal-state gaming compacts. The fund reflects a vision of facilitating the development of tribal institutions and improving the quality of life of tribal people throughout the state.
(b) The fiscal operations of the Tribal Nation Grant Fund shall be administered by the California Gambling Control Commission, which acts as a limited trustee not subject to the duties and liabilities contained in the Probate Code, similar state or federal statutes, rules or regulations, or under state or federal common law or equitable principles, and with no duties or obligations as provided for under the terms of any tribal-state gaming compact, except for the receipt, deposit, and distribution of moneys paid by gaming tribes for the benefit of nongaming tribes and limited-gaming tribes, as those payments are directed by a state-designated agency. tribes. The California Gambling Control Commission shall allocate and disburse Tribal Nation Grant Fund moneys as specified by a state-designated agency moneys, as directed, to one or more eligible nongaming and limited-gaming tribes upon a competitive application basis. The California Gambling Control Commission shall exercise no discretion or control over, nor bear any responsibility arising from, the recipient tribes’ use or disbursement of Tribal Nation Grant Fund moneys.
(c) Moneys in the fund shall be available, upon appropriation by the Legislature, for the discretionary distribution of funds to nongaming tribes and limited-gaming tribes upon application of those tribes for purposes related to effective self-governance, self-determined community, and economic development. The fund is intended to assist eligible tribal governments in deploying comprehensive business planning strategies and activities.

(d)The state-designated agency shall perform any necessary audits to ensure that moneys awarded to any tribe are being used in accordance with their disbursement in relation to the purpose of the Tribal Nation Grant Fund.