BILL NUMBER: AB 2092	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 10, 2012
	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, instead, provide that cooperation
 and consultation  by state agencies  on economic
development and improvement for   with  federally
recognized California Indian tribes shall not be construed to include
activities that  are solely related to gaming  
promote gambling  .  This bill would require every state
agency, on or before January 1, 2014, to adopt a policy to consult
with federally recognized Indian tribes prior to the development of
regulations, policies, rules, plans, or other actions that will
significantly or uniquely affect that tribal community. 
   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) 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. 
   SEC. 2.    Section 11019.8 of the  
Government Code   is amended to read: 
   11019.8.  (a)  (1)     Every state agency
shall, on or before January 1, 2014, adopt a policy to consult with
federally recognized California Indian tribes prior to the
development of regulations, policies,   rules, plans, or
other actions that will significantly or uniquely affect that tribal
community. The tribal consultation policies shall emphasize
meaningful communication and collaboration with affected tribes.
Consultation shall be conducted on a government-to-government basis.
 
   (2) This subdivision is not intended to create, and shall not
create, any rights or benefits, whether substantive or procedural, or
enforceable at law or in equity, against the state or its agencies,
departments, entities, officers, employees, or any other persons.

    (b)    All state agencies, as defined in
Section 11000, are encouraged and authorized to cooperate with
federally recognized California Indian tribes on matters of economic
development and improvement for the tribes. 
   (b) 
    (c)  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
tribes to become economically self-sufficient. 
   (c) 
    (d)  Cooperation  and consultation  by state
agencies  on economic development and improvement for
  with  federally recognized California Indian
tribes, as described in this section, shall not be construed to
include activities that promote gambling.