BILL NUMBER: AB 2092	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 24, 2012

INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 23, 2012

   An act to amend Section 11019.8 of the Government Code, relating
to economic development.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2092, as amended, Chesbro. Economic development: federally
recognized Indian 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 Indian
tribes. Existing law provides that cooperation by state agencies with
federally recognized California Indian tribes on those matters may
include certain activities, but it may not include activities that
promote gambling.
   This bill would, instead, require that state agencies cooperate
with federally recognized California Indian tribes on matters of
economic development and improvement for the Indian tribes. 
This bill would remove the provision that prohibited state agencies
from cooperating with Indian tribes under these provisions on
activities that promote gambling. This bill would require the Office
of Planning and Research, in consultation with the Governor's Tribal
Advisor, to adopt a policy of communication and consultation with all
federally recognized California Indian tribes that must meet certain
requirements. This bill would require all state agencies to comply
with the policy.   This bill would, instead, provide
that cooperation by state agencies on economic development and
improvement for federally recognized California Indian tribes shall
not be construed to include activities that are solely related to
gaming   . 
   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 federally recognized Indian tribes
with which the State of California has an important relationship, as
set forth and affirmed in state and federal laws.
   (b) The State of California recognizes and reaffirms the inherent
right of these Indian tribes to exercise sovereign authority over
their members and their territory.
   (c) The state and the Indian 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 Indian tribes by identifying areas of mutual concern and
working to develop partnerships and consensus.
  SEC. 2.  Section 11019.8 of the Government Code is amended to read:

   11019.8.  (a) 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 Indian
tribes.
   (b) Cooperation by state agencies with federally recognized
California Indian tribes may include, but need not be limited to, all
of the following:
   (1) Providing information on programs available to assist Indian
tribes.
   (2) Providing technical assistance on the preparation of grants
and applications for public and private funds, and conducting
meetings and workshops.
   (3) Any other steps that may reasonably be expected to assist
Indian tribes to become economically self-sufficient. 
   (c) The Office of Planning and Research, in consultation with the
Governor's Tribal Advisor created pursuant to Executive order
B-10-11, shall adopt a policy of communication and consultation with
all federally recognized California Indian tribes. All state agencies
shall comply with the policy. The policy shall provide for timely
and meaningful communication and consultation with Indian tribes and
shall 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 the state agency to communicate and consult
with Indian tribes before the agency proposes legislation, or
proposes or adopts regulations, rules, or policies that may
materially affect the tribal community.  
   (c) Cooperation by state agencies on economic development and
improvement for federally recognized California Indian tribes shall
not be construed to include activities that are solely related to
gaming.