BILL NUMBER: SB 1372	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 23, 2010

INTRODUCED BY   Senator Dutton

                        FEBRUARY 19, 2010

    An act to amend Section 12080.7 of the Government Code,
relating to state government reorganization.   An act to
add Section 11004.9 to the Government Code, relating to state
government. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1372, as amended, Dutton.  State government: executive
reorganization.   State government: Indian relations.
 
   Existing law promotes the self-sufficiency of Indian tribes and
evidences the good will, cooperation, and mutual respect between the
state and Indian tribes.  
   This bill would require a state agency, as defined, to make a
reasonable effort to collaborate with an Indian nation or tribe in
the development and implementation of policies, agreements, and
programs of the state agency that directly affect American Indians.
 
   Existing law authorizes the Governor to prepare and present to the
Legislature a reorganization plan of executive functions and
prohibits a suit, action, or other proceeding against an agency or
officer from being abated by the implementation of a reorganization
plan.  
   This bill would make technical, nonsubstantive changes to these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    This act shall be known and may be
cited as the State-Tribal Collaboration Act. 
   SEC. 2.    Section 11004.9 is added to the  
Government Code   , to read:  
   11004.9.  (a) The following definitions shall apply to this
section:
   (1) "American Indian" means any of the following individuals:
   (A) A member of a federally recognized Indian tribe or nation.
   (B) An individual who is subject to the provisions of Section 1153
of Title 18 of the United States Code as an Indian.
   (C) An individual who has been deemed eligible for services and
programs provided to Indians by the United States Department of
Health and Human Services, the Bureau of Indian Affairs, or other
federal program.
   (2) "Indian nation or tribe" means a federally recognized Indian
nation or tribe wholly or partially located within this state.
   (3) "State agency" means a state agency, department, or office.
   (b) A state agency shall make a reasonable effort to collaborate
with an Indian nation or tribe in the development and implementation
of policies, agreements, and programs of the state agency that
directly affect American Indians.
   (c) Nothing in this section shall be deemed to create a right of
action against the state or a right of review of an action by a state
agency.  
  SECTION 1.    Section 12080.7 of the Government
Code is amended to read:
   12080.7.  No suit, action, or other proceeding lawfully commenced
by or against the head of any agency or other officer of the state,
in his or her official capacity or in relation to the discharge of
his or her official duties, shall abate by reason of the taking
effect of any reorganization plan under the provisions of this
article.