BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1372|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 1372
Author: Dutton (R)
Amended: 3/23/10
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 9-0, 4/13/10
AYES: Wright, Calderon, Denham, Florez, Negrete McLeod,
Oropeza, Padilla, Price, Yee
NO VOTE RECORDED: Harman, Wyland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : State government: Indian relations
SOURCE : Author
DIGEST : This bill adds a new section to Government Code
to require state agencies to make reasonable efforts 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.
ANALYSIS : Existing law promotes the self-sufficiency of
Indian tribes and evidences the good will, cooperation, and
mutual respect between the state and Indian tribes.
Existing law establishes, as of July 1, 2010, tribal
customary adoption as an additional exception to
termination of parental rights for parents of Indian
CONTINUED
SB 1372
Page
2
children who have been adjudicated dependents of the court;
sunsets this additional exception on January 1, 2014,
unless a later enacted statute deletes or extends that
date.
Existing law directs the state Department of Social
Services (DSS) to negotiate in good faith with an Indian
tribe, organization, or consortium in the state that
requests development of an agreement with the state to
administer all or part of the programs under Title IV-E of
the Social Security Act on behalf of the Indian children
who are under the authority of the tribe, organization, or
consortium.
Existing federal law, The Fostering Connections to Success
and Increasing Adoptions Act authorizes Indian tribes,
under specified circumstances, to receive federal funds to
support the operation of child welfare programs directly.
The act also requires states to commit to negotiating in
good faith with any tribe, organization or consortium that
requests to develop an agreement with the state to
administer all or part of the child welfare program on
behalf of Indian children under authority of the tribe.
This bill would conform state law to those requirements.
Existing federal law, The Indian Child Welfare Act is to
"protect the best interests of Indian children and to
promote the stability and security of Indian tribes and
families." The act provides an overall framework that
governs child welfare proceedings involving Indian children
who are subject to the jurisdiction of states' dependency
courts because of abuse or neglect or the risk of such
harm.
This bill:
1.Enacts the State-Tribal Collaboration Act.
2.Defines the following terms:
"American Indian" means any of the following individuals:
A. A member of a federally recognized Indian
tribe or nation.
SB 1372
Page
3
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.
D. "Indian nation or tribe" means a
federally recognized Indian nation or tribe
wholly or partially located within this state.
E. "State agency" means a state agency,
department, or office.
3.Requires a state agency 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.
4.Provides that 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.
Comments
According to the author's office, "Throughout the
bureaucracy, health, environmental, education, housing
programs, amongst others, exist that are designed
specifically to help Indian nations. Furthermore, under
federal law, state agencies are required and responsible to
administer a variety of federal initiatives, including the
Indian Child Welfare Act and the Fostering Connections to
Success and Increasing Adoptions Act that directly impact
Native Americans. Yet, California government has a
reputation of not even consulting them when designing
implementation policies for those programs. This bill
should help smooth relations in these areas.
"There are numerous unexplored opportunities and
possibilities for the state and tribes to pursue mutual
programs and policies in a collaborative partnership to
enhance and preserve natural resources for the betterment
of communities and citizens in California. "This measure
SB 1372
Page
4
demonstrates that the State of California is committed to
ensuring an effective social, economic, and legal
relationship between the tribal nations and the state."
Many state agencies are responsible for programs that
directly impact tribal governments and its members. There
are instances in which collaboration and communications
between government agencies and tribal governments and
their members are inadequate. As a result, some programs
don't run optimally, miscommunications and delays occur,
and program benefits and services are not delivered
efficiently or effectively. A government-to-government
collaboration and communication process will enhance
programs and services. Arguably, state agencies should be
putting forth its best efforts currently to ensure all of
its programs and services are delivered optimally to all
citizens of California. This bill only requires state
agencies to make reasonable efforts to collaborate with
tribal governments and their members in the development and
implementation of policies, agreements, and programs of the
state agency that directly affect American Indians.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 4/26/10)
California Nations Indian Gaming Association
TSM:nl 4/26/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****