Bill Text: CA AB968 | 2011-2012 | Regular Session | Amended
Bill Title: California Indian tribes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB968 Detail]
Download: California-2011-AB968-Amended.html
BILL NUMBER: AB 968 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2012
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 18, 2011
An act to add Section 12012.2 to , and to amend Section
11019.8 of, the Government Code, relating to California
Indian tribes.
LEGISLATIVE COUNSEL'S DIGEST
AB 968, as amended, Chesbro. California Indian tribes:
state agencies. tribes.
Existing law encourages and authorizes all state agencies to
cooperate with federally recognized California Indian tribes on
matters of economic development and improvement for the tribes.
This bill instead would require all state agencies to cooperate
with federally recognized California Indian tribes pursuant to these
provisions. It would also require every state agency to adopt a
policy of communication and consultation with, and require the
Governor to meet at least annually with elected officials of,
California Indian tribes, regardless of whether a tribe qualifies as
a federally recognized California Indian tribe.
This bill would establish the position of Native American
Tribal Advisor on Tribal Issues
in the Governor's office, to be a member of a
federally recognized California Indian tribe. It would require the
advisor to serve as a resource to the Governor and state agencies on
issues affecting California Indian tribes and be an advocate on
behalf of all California Indian tribes, regardless of whether a tribe
qualifies as a federally recognized California Indian tribe
appointed by the Governor. The bill would set forth
the duties of the Tribal Advisor. The bill would additionally require
every state agency and department to communicate and consult with
California Indian tribes, as specified .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) California is home to many Native American tribes with which
the State of California has an important relationship, as set forth
and affirmed in state and federal law.
(b) The State of California recognizes and reaffirms the inherent
right of these tribes to exercise sovereign authority over their
members and territory.
(c) The state and the tribes are better able to adopt and
implement mutually beneficial policies when they cooperate and engage
in meaningful consultation.
(d) The state is committed to strengthening and sustaining
effective government-to-government relationships between the state
and the tribes by identifying areas of mutual concern and working to
develop partnerships and consensus.
(e) Members of tribes, as both citizens of California and their
respective sovereign nations, have a shared interest in creating
increased opportunities for all California citizens.
SEC. 2. Section 12012.2 is added to the
Government Code , to read:
12012.2. (a) The position of Tribal Advisor is hereby established
within the office of the Governor. The Governor shall appoint the
Tribal Advisor who shall serve at the pleasure of the Governor.
(b) The Tribal Advisor shall oversee and implement effective
government-to-government consultation between the administration and
tribes on policies that affect California tribal communities.
(c) The Tribal Advisor shall do all of the following:
(1) Serve as a direct link between the tribes and the Governor.
(2) Facilitate communication and consultations between the tribes,
the office of the Governor, state agencies, and agency tribal
liaisons.
(3) Review state legislation and regulations affecting tribes and
make recommendations on these proposals.
(d) The Tribal Advisor shall facilitate regular meetings between
the office of the Governor and the elected officials of California
Indian tribes to discuss state policies that may affect tribal
communities.
(e) Every state agency and department shall encourage
communication and consultation with California Indian tribes. Every
state agency and department shall permit elected officials and other
representatives of tribal governments to provide meaningful input
into the development of legislation, regulations, rules, and policies
on matters that may affect tribal communities.
(f) For purposes of this section, the terms "tribes," "California
Indian tribes," and "tribal" include all federally recognized tribes
and other California Native Americans.
SECTION 1. Section 11019.8 of the Government
Code is amended to read:
11019.8. (a) (1) All state agencies, as defined in Section 11000,
shall cooperate with federally recognized California Indian tribes
on matters of economic development and improvement for the tribes.
(2) Cooperation by state agencies with federally recognized
California Indian tribes may include, but need not be limited to, all
of the following:
(A) Providing information on programs available to assist Indian
tribes.
(B) Providing technical assistance on the preparation of grants
and applications for public and private funds, and conducting
meetings and workshops.
(C) Any other steps that may reasonably be expected to assist
tribes to become economically self-sufficient.
(b) (1) Every state agency shall adopt a policy of communication
and consultation with all California Indian tribes, regardless of
whether a tribe qualifies as a federally recognized California Indian
tribe.
(2) The policy adopted by the state agency shall provide for
timely and meaningful communication and consultation with tribes and
permit elected officials and other representatives of tribal
governments to provide timely and meaningful input into the
development of legislation, regulations, rules, and policies on
matters that significantly or uniquely affect the tribal community.
The policy shall require communication and consultation with tribes
before the agency may propose legislation, or propose or adopt
regulations, rules, or policies, that may materially affect the
tribal community.
(c) The Governor shall meet at least annually with elected
officials of California Indian tribes, regardless of whether a tribe
qualifies as a federally recognized California Indian tribe, to
provide meaningful input into the development of the Governor's
policies that significantly or uniquely affect the tribal community.
(d) Activities performed by state agencies or by the Governor
pursuant to this section shall not be construed to include activities
that promote gaming.
SEC. 2. Section 12012.2 is added to the
Government Code, to read:
12012.2. (a) The position of Native American Advisor on Tribal
Issues is established in the Governor's office. The advisor shall be
a member of a federally recognized California Indian tribe.
(b) The advisor shall serve as a resource to the Governor and
state agencies on issues affecting California Indian tribes,
including, but not limited to, natural resources, education, health
care, and other quality of life issues.
(c) The advisor shall be an advocate on behalf of all California
Indian tribes, regardless of whether a tribe qualifies as a federally
recognized California Indian tribe.
