GOVERNMENT CODE
SECTION 12710-12718
12710.  This chapter establishes the method of calculating thedistribution of appropriations from the Indian Gaming SpecialDistribution Fund for grants to local government agencies impacted bytribal gaming.12711.  (a) It is the intent of the Legislature to establish a fairand proportionate system to award grants from the Indian GamingSpecial Distribution Fund for the support of local governmentagencies impacted by tribal gaming. It is also the intent of theLegislature that priority for funding shall be given to localgovernment agencies impacted by the tribal casinos that contribute tothe Indian Gaming Special Distribution Fund. (b) It is the intent of the Legislature that in the event that anycompact between any tribe and the state takes effect on or after theeffective date of this chapter, or that any compact between anytribe and the state that took effect on or before May 16, 2000, isrenegotiated and reexecuted at any time after its initial effectivedate, money provided to the state by a tribe pursuant to the terms ofthese compacts shall be applied on a pro rata basis to the statecosts for the regulation of gaming and for problem gamblingprevention programs in the Office of Problem and PathologicalGambling within the State Department of Alcohol and Drug Programs. (c) It is the intent of the Legislature that if any compactbetween any tribe and the state takes effect on or after theeffective date of this chapter, or if any compact between any tribeand the state that took effect on or before May 16, 2000, isrenegotiated and reexecuted at any time after its initial effectivedate, any revenue sharing provisions of that compact that requiresdistributions to nongaming or noncompact tribes shall result in adecrease in the amount that the Legislature appropriates pursuant tothis chapter.12712.  As used in this chapter: (a) "County Tribal Casino Account" means an account consisting ofall moneys paid by tribes of that county into the Indian GamingSpecial Distribution Fund after deduction of the amounts appropriatedpursuant to the priorities specified in Section 12012.85. (b) "Individual Tribal Casino Accounts" means an account for eachindividual tribe that has paid money into the Indian Gaming SpecialDistribution Fund. The individual tribal casino account shall befunded in proportion to the amount that the individual tribe has paidinto the Indian Gaming Special Distribution Fund. (c) "Local government jurisdiction" or "local jurisdiction" meansany city, county, or special district. (d) "Special district" means any agency of the state that performsgovernmental or proprietary functions within limited boundaries."Special district" includes a county service area, a maintenancedistrict or area, an improvement district or improvement zone, or anyother zone, district, or area that meets the requirements of thissubdivision. "Special district" does not include a city, county,school district, or community college district.12713.  The Department of Finance, in consultation with theCalifornia Gambling Control Commission, shall calculate the totalrevenue in the Indian Gaming Special Distribution Fund that will beavailable for the current budget year for local government agenciesimpacted by tribal gaming. The department shall include thisinformation in the May budget revision.12714.  (a) A County Tribal Casino Account is hereby created in thetreasury for each county that contains a tribal casino. (b) The amount to be deposited into each eligible county's CountyTribal Casino Account shall be calculated in the following way: (1) (A) For counties that do not have gaming devices subject to anobligation to make contributions to the Indian Gaming SpecialDistribution Fund, the total amount to be appropriated by theLegislature for grants to local government agencies impacted bytribal gaming shall be multiplied by 5 percent. (B) The amount determined pursuant to subparagraph (A) shall bedivided by the aggregate number of gaming devices located in thosecounties that do not have gaming devices subject to an obligation tomake contributions to the Indian Gaming Special Distribution Fund. (C) The amount determined pursuant to subparagraph (B) shall bemultiplied by the number of gaming devices located in each county forwhich an appropriation is being calculated that are not subject toan obligation to make contributions to the Indian Gaming SpecialDistribution Fund. (D) The amount determined pursuant to subparagraph (C) shall bedeposited into the County Tribal Casino Account for the county forwhich the appropriation was calculated. (2) (A) For counties that have gaming devices subject to anobligation to make contributions to the Indian Gaming SpecialDistribution Fund, the total amount to be appropriated by theLegislature for grants to local government agencies impacted bytribal gaming shall be multiplied by 95 percent. (B) The amount determined pursuant to subparagraph (A) shall bedivided by the aggregate number of gaming devices located in thosecounties that have gaming devices subject to an obligation to makecontributions to the Indian Gaming Special Distribution Fund. (C) The amount determined pursuant to subparagraph (B) shall bemultiplied by the number of gaming devices located in each county forwhich an appropriation is being calculated that are subject to anobligation to make contributions to the Indian Gaming SpecialDistribution Fund. (D) The amount determined pursuant to subparagraph (C) shall bedeposited into the County Tribal Casino Account for the county forwhich the appropriation was calculated.12715.  (a) The Controller, acting in consultation with theCalifornia Gambling Control Commission, shall divide the CountyTribal Casino Account for each county that has gaming devices thatare subject to an obligation to make contributions to the IndianGaming Special Distribution Fund into a separate account for eachtribe that operates a casino within the county. These accounts shallbe known as Individual Tribal Casino Accounts, and funds may bereleased from these accounts to make grants selected by an IndianGaming Local Community Benefit Committee pursuant to the methodestablished by this section to local jurisdictions impacted by tribalcasinos. Each Individual Tribal Casino Account shall be funded inproportion to the amount that each individual tribe paid in the priorfiscal year to the Indian Gaming Special Distribution Fund. (b) (1) There is hereby created in each county in which Indiangaming is conducted an Indian Gaming Local Community BenefitCommittee. The selection of all grants from each Individual TribalCasino Account or County Tribal Casino Account shall be made by eachcounty's Indian Gaming Local Community Benefit Committee. Inselecting grants, the Indian Gaming Local Community Benefit Committeeshall follow the priorities established in subdivision (g) and therequirements specified in subdivision (h). This committee has thefollowing additional responsibilities: (A) Establishing all application policies and procedures forgrants from the Individual Tribal Casino Account or County TribalCasino Account. (B) Assessing the eligibility of applications for grants fromlocal jurisdictions impacted by tribal gaming operations. (C) Determining the appropriate amount for reimbursement from theaggregate county tribal account of the demonstrated costs incurred bythe county for administering the grant programs. The reimbursementfor county administrative costs may not exceed 2 percent of theaggregate county tribal account in any given fiscal year. (2) Except as provided in Section 12715.5, the Indian Gaming LocalCommunity Benefit Committee shall be composed of sevenrepresentatives, consisting of the following: (A) Two representatives from the county, selected by the countyboard of supervisors. (B) Three elected representatives from cities located within fourmiles of a tribal casino in the county, selected by the county boardof supervisors. In the event that there are no cities located withinfour miles of a tribal casino in the county, other localrepresentatives may be selected upon mutual agreement by the countyboard of supervisors and a majority of the tribes paying into theIndian Gaming Special Distribution Fund in the county. When there areno cities within four miles of a tribal casino in the county, andwhen the Indian Gaming Local Community Benefit Committee acts onbehalf of a county where no tribes pay into the Indian Gaming SpecialDistribution Fund, other local representatives may be selected uponmutual agreement by the county board of supervisors and a majority ofthe tribes operating casinos in the county. However, if only onecity is within four miles of a tribal casino and that same casino islocated entirely within the unincorporated area of that particularcounty, only one elected representative from that city shall beincluded on the Indian Gaming Local Community Benefit Committee. (C) Two representatives selected upon the recommendation of amajority of the tribes paying into the Indian Gaming SpecialDistribution Fund in each county. When an Indian Gaming LocalCommunity Benefit Committee acts on behalf of a county where notribes pay into the Indian Gaming Special Distribution Fund, the tworepresentatives may be selected upon the recommendation of the tribesoperating casinos in the county. (c) Sixty percent of each Individual Tribal Casino Account shallbe available for nexus grants on a yearly basis to cities andcounties impacted by tribes that are paying into the Indian GamingSpecial Distribution Fund, according to the four-part nexus testdescribed in paragraph (1). Grant awards shall be selected by eachcounty's Indian Gaming Local Community Benefit Committee and shall beadministered by the county. Grants may be awarded on a multiyearbasis, and these multiyear grants shall be accounted for in the grantprocess for each year. (1) A nexus test based on the geographical proximity of a localgovernment jurisdiction to an individual Indian land upon which atribal casino is located shall be used by each county's Indian GamingLocal Community Benefit Committee to determine the relative priorityfor grants, using the following criteria: (A) Whether the local government jurisdiction borders the Indianlands on all sides. (B) Whether the local government jurisdiction partially bordersIndian lands. (C) Whether the local government jurisdiction maintains a highway,road, or other thoroughfare that is the predominant access route toa casino that is located within four miles. (D) Whether all or a portion of the local government jurisdictionis located within four miles of a casino. (2) Fifty percent of the amount specified in subdivision (c) shallbe awarded in equal proportions to local government jurisdictionsthat meet all four of the nexus test criteria in paragraph (1). If noeligible local government jurisdiction satisfies this requirement,the amount specified in this paragraph shall be made available fornexus grants in equal proportions to local government jurisdictionsmeeting 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 governmentjurisdictions that meet three of the nexus test criteria in paragraph(1). If no eligible local government jurisdiction satisfies thisrequirement, the amount specified in this paragraph shall be madeavailable for nexus grants in equal proportions to local governmentjurisdictions 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 governmentjurisdictions that meet two of the nexus test criteria in paragraph(1). If no eligible local government jurisdiction satisfies thisrequirement, the amount specified in this paragraph shall be madeavailable for nexus grants in equal proportions to local governmentjurisdictions meeting the requirements of paragraph (2) or (3). (d) Twenty percent of each Individual Tribal Casino Account shallbe available for discretionary grants to local jurisdictions impactedby tribes that are paying into the Indian Gaming SpecialDistribution Fund. These discretionary grants shall be made availableto all local jurisdictions in the county irrespective of any nexusto impacts from any particular tribal casino, as described inparagraph (1) of subdivision (c). Grant awards shall be selected byeach county's Indian Gaming Local Community Benefit Committee andshall be administered by the county. Grants may be awarded on amultiyear basis, and these multiyear grants shall be accounted for inthe grant process for each year. (e) (1) Twenty percent of each Individual Tribal Casino Accountshall be available for discretionary grants to local jurisdictionsimpacted by tribes that are not paying into the Indian Gaming SpecialDistribution Fund. These grants shall be made available to localjurisdictions in the county irrespective of any nexus to impacts fromany particular tribal casino, as described in paragraph (1) ofsubdivision (c), and irrespective of whether the impacts presentedare from a tribal casino that is not paying into the Indian GamingSpecial Distribution Fund. Grant awards shall be selected by eachcounty's Indian Gaming Local Community Benefit Committee and shall beadministered by the county. Grants may be awarded on a multiyearbasis, and these multiyear grants shall be accounted for in the grantprocess for each year. (A) Grants awarded pursuant to this subdivision are limited toaddressing service-oriented impacts and providing assistance withone-time large capital projects related to Indian gaming impacts. (B) Grants shall be subject to the sole sponsorship of the tribethat pays into the Indian Gaming Special Distribution Fund and therecommendations of the Indian Gaming Local Community BenefitCommittee for that county. (2) If an eligible county does not have a tribal casino operatedby a tribe that does not pay into the Indian Gaming SpecialDistribution Fund, the moneys available for discretionary grantsunder this subdivision shall be available for distribution pursuantto subdivision (d). (f) (1) For each county that does not have gaming devices subjectto an obligation to make payments to the Indian Gaming SpecialDistribution Fund, funds may be released from the county's CountyTribal Casino Account to make grants selected by the county's IndianGaming Local Community Benefit Committee pursuant to the methodestablished by this section to local jurisdictions impacted by tribalcasinos. These grants shall be made available to local jurisdictionsin the county irrespective of any nexus to any particular tribalcasino. These grants shall follow the priorities specified insubdivision (g) and the requirements specified in subdivision (h). (2) Funds not allocated from a county tribal casino account by theend of each fiscal year shall revert back to the Indian GamingSpecial Distribution Fund. Moneys allocated for the 2003-04 fiscalyear shall be eligible for expenditure through December 31, 2004. (g) The following uses shall be the priorities for the receipt ofgrant moneys from Individual Tribal Casino Accounts: law enforcement,fire services, emergency medical services, environmental impacts,water supplies, waste disposal, behavioral, health, planning andadjacent land uses, public health, roads, recreation and youthprograms, and child care programs. (h) In selecting grants pursuant to subdivision (b), an IndianGaming Local Community Benefit Committee shall select only grantapplications that mitigate impacts from casinos on localjurisdictions. If a local jurisdiction uses a grant selected pursuantto subdivision (b) for any unrelated purpose, the grant shallterminate immediately and any moneys not yet spent shall revert tothe Indian Gaming Special Distribution Fund. If a local jurisdictionapproves an expenditure that mitigates an impact from a casino on alocal jurisdiction and that also provides other benefits to the localjurisdiction, the grant selected pursuant to subdivision (b) shallbe used to finance only the proportionate share of the expenditurethat mitigates the impact from the casino. (i) All grants from Individual Tribal Casino Accounts shall bemade only upon the affirmative sponsorship of the tribe paying intothe Indian Gaming Special Distribution Fund from whose IndividualTribal Casino Account the grant moneys are available fordistribution. Tribal sponsorship shall confirm that the grantapplication has a reasonable relationship to a casino impact andsatisfies at least one of the priorities listed in subdivision (g). Agrant may not be made for any purpose that would support or fund,directly or indirectly, any effort related to the opposition orchallenge to Indian gaming in the state, and, to the extent anyawarded grant is utilized for any prohibited purpose by any localgovernment, upon notice given to the county by any tribe from whoseIndividual Tribal Casino Account the awarded grant went toward thatprohibited use, the grant shall terminate immediately and any moneysnot yet used shall again be made available for qualified nexusgrants. (j) A local government jurisdiction that is a recipient of a grantfrom an Individual County Tribal Casino Account or a County TribalCasino Account shall provide notice to the public, either through aslogan, signage, or other mechanism, stating that the localgovernment project has received funding from the Indian GamingSpecial Distribution Fund and further identifying the particularIndividual Tribal Casino Account from which the grant derives. (k) (1) Each county's Indian Gaming Local Community BenefitCommittee shall submit to the Controller a list of approved projectsfor funding from Individual Tribal Casino Accounts. Upon receipt ofthis list, the Controller shall release the funds directly to thelocal government entities for which a grant has been approved by thecommittee. (2) Funds not allocated from an Individual Tribal Casino Accountby the end of each fiscal year shall revert back to the Indian GamingSpecial Distribution Fund. Moneys allocated for the 2003-04 fiscalyear shall be eligible for expenditure through December 31, 2004.Moneys allocated for the 2008-09 fiscal year shall be eligible forexpenditure through December 31, 2009. (l) Notwithstanding any other law, a local government jurisdictionthat receives a grant from an Individual Tribal Casino Account shalldeposit all funds received in an interest-bearing account and usethe interest from those funds only for the purpose of mitigating animpact from a casino. If any portion of the funds in the account isused for any other purpose, the remaining portion shall revert to theIndian Gaming Special Distribution Fund. As a condition of receivingfurther funds under this section, a local government jurisdiction,upon request of the county, shall demonstrate to the county that allexpenditures made from the account have been in compliance with therequirements of this section.12715.5.  In San Diego County, the Indian Gaming Local CommunityBenefit Committee shall be comprised of seven representatives,consisting of the following: (a) Two representatives from the county, selected by the countyboard of supervisors. (b) One elected representative from the city located within fourmiles of a tribal casino in the county, selected by the county boardof supervisors. (c) Three representatives selected upon the recommendation of amajority of the tribes paying into the Indian Gaming SpecialDistribution Fund in the county. (d) The sheriff of San Diego County.12716.  (a) Each county that administers grants from the IndianGaming Special Distribution Fund shall provide an annual report tothe Chairperson of the Joint Legislative Budget Committee, thechairpersons of the Senate and Assembly committees on governmentalorganization, and the California Gambling Control Commission byOctober 1 of each year detailing the specific projects funded by allgrants in the county's jurisdiction in the previous fiscal year,including amounts expended in that fiscal year, but funded fromappropriations in prior fiscal years. The report shall providedetailed 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 oftribal gaming. (4) The total expenditures for each project. (5) All administrative costs related to each project, excludingthe county's administrative fee. (6) The funds remaining at the end of the fiscal year for eachproject. (7) An explanation regarding how any remaining funds will be spentfor each project, including the estimated time for expenditure. (8) A description of whether each project is funded once or on acontinuing basis. (b) A county that does not provide an annual report pursuant tosubdivision (a) shall not be eligible for funding from the IndianGaming Special Distribution Fund for the following year.12717.  The State Auditor shall conduct an audit every three yearsregarding the allocation and use of moneys from the Indian GamingSpecial Distribution Fund by the recipient of the grant moneys. TheState Auditor shall report its findings to the Legislature and to allother appropriate entities.12718.  This chapter shall remain in effect only until January 1,2021, and as of that date is repealed, unless a later enacted statutethat is enacted before January 1, 2021, deletes or extends thatdate.