BILL NUMBER: AB 968	INTRODUCED
	BILL TEXT


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 introduced, Chesbro. California Indian tribes: state
agencies.
   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 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.
   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.  Section 11019.8 of the Government Code is amended to
read:
   11019.8.  (a)  (1)    All state agencies, as
defined in Section 11000,  are encouraged and authorized to
  shall  cooperate with federally recognized
California Indian tribes on matters of economic development and
improvement for the tribes. 
   (b) 
    (2)  Cooperation by state agencies with federally
recognized California Indian tribes may include, but need not be
limited to, all of the following: 
   (1) 
    (A)  Providing information on programs available to
assist Indian tribes. 
   (2) 
    (B)  Providing technical assistance on the preparation
of grants and applications for public and private funds, and
conducting meetings and workshops. 
   (3) 
    (C)  Any other steps that may reasonably be expected to
assist tribes to become economically self-sufficient. 
   (c) Cooperation by state agencies on economic development and
improvement for federally recognized California Indian tribes, as
described in this section, shall not be construed to include
activities that promote gambling.  
   (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.