AB 880: Tribal Nation Grant Fund.

(1)Existing law establishes 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. Under existing law, moneys in the Tribal Nation Grant Fund are available, upon appropriation by the Legislature, for the discretionary distribution of funds to nongaming and limited-gaming tribes, as specified. An existing Executive Order establishes the position of the Governors Tribal Advisor within the office of the Governor.

This bill would establish within the office of the Governor, the office of the Governors Tribal Advisor, to be headed by the Governors Tribal Advisor, who is to be appointed by, and serve at the pleasure of, the Governor. The bill would also establish within state government the Tribal Nation Grant Panel and the Tribal Nation Grant Fund Program, through which the panel may award grants and make other distributions from the fund to eligible tribes, as defined, with the assistance of the advisor, the Bureau of Gambling Control, and the California Gambling Control Commission, as specified. The bill would require the tribal advisor, before January 1, 2020, to appoint elected tribal leaders from federally recognized tribes in California to serve on the panel. The bill would require, after that date, the advisor and panel, in consultation with federally recognized tribes in California, to determine how members of the panel are appointed. The bill would require actions taken under these provisions to be consistent with tribal-state gaming compacts and would exempt the activities of the advisor, panel, bureau, and commission pursuant to these provisions from the Administrative Procedure Act. The bill would prohibit public disclosure, in public records or during a meeting of the panel, of all information relating to the administration of these provisions that describes the internal affairs of an eligible tribe, except as specified, and would require the panel to comply with the Bagley-Keene Open Meeting Act in a manner consistent with these prohibitions. The bill would require, commencing on or before July 15, 2020, and annually thereafter, the commission to prepare and post on its Internet Web site a report detailing the status of grants and other distributions made from the fund for the previous fiscal year. The bill would also require the tribal advisor to provide an annual report to the Senate and Assembly Committees on Governmental Organization on the status of the program, as specified.

(2)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.