California Senate Bill SB1372 Amended / Bill

 BILL NUMBER: SB 1372AMENDED 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.