BILL REQ. #:  H-3495.2 

Prefiled 12/07/09. Read first time 01/11/10.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to establishing a government-to-government relationship between state government and Indian tribes; and adding a new chapter to Title 43 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Committee" means the joint legislative committee on state and tribal affairs.
     (2) "Indian tribe" means any federally recognized Indian tribe located wholly or partially within Washington.
     (3) "State agency" means an agency, department, office, or the office of a statewide elected official, of the state of Washington.

NEW SECTION.  Sec. 2   In establishing a government-to-government relationship with Indian tribes, state agencies must:
     (1) Make reasonable efforts to collaborate with Indian tribes in the development of policies, agreements, and program implementation that directly affect Indian tribes and develop a consultation process that is used by the agency for issues involving specific Indian tribes;
     (2) Designate a tribal liaison who reports directly to the head of the state agency;
     (3) Ensure that state agency employees, particularly managers and those employees who have an ongoing interaction with Indian tribes receive training as described in section 4 of this act; and
     (4) Submit an annual report to the governor on activities of the state agency involving Indian tribes and on implementation of this chapter.

NEW SECTION.  Sec. 3   The position of tribal liaison within a state agency is responsible for:
     (1) Assisting the state agency in developing and implementing state and agency policies that promote effective communication and collaboration between the state agency and tribal governments;
     (2) Serving as a contact person with tribal governments and maintaining communication between the state agency and affected tribal governments; and
     (3) Coordinating training of state agency employees in government-to-government relations.

NEW SECTION.  Sec. 4   Training for state agency employees must include at a minimum:
     (1) Effective communication and collaboration between state agencies and Indian tribes;
     (2) Cultural competency in providing effective services to tribal governments and tribal members; and
     (3) Use of training services such as those provided through the governor's office of Indian affairs.

NEW SECTION.  Sec. 5   (1) At least once a year, the governor and other statewide elected officials shall meet with leaders of Indian tribes to address issues of mutual concern.
     (2) Each state agency must submit an annual report to the governor on activities of the state agency involving Indian tribes and on implementation of this chapter. The report must be presented at the annual meeting of the governor and other statewide elected officials and Indian tribal leaders. The governor shall designate the content of the annual report of state agencies.
     (3) The governor must maintain for public reference an updated list of the names and contact information for the individuals designated as tribal liaisons and the names and contact information for tribal leadership as submitted by an Indian tribe.

NEW SECTION.  Sec. 6   (1) The joint legislative committee on state and tribal affairs is created. Committee membership is as provided in this subsection.
     (a) Eight members of the senate shall be appointed by the president of the senate, two of whom are members of the majority party and two of whom are members of the minority party. Appointees shall be chairs and ranking minority members of senate standing committees with jurisdiction over issues that impact Indian tribes.
     (b) Eight members of the house of representatives shall be appointed by the speaker of the house of representatives, two of whom are members of the majority party and two of whom are members of the minority party. Appointees shall be chairs and ranking minority members of house of representatives standing committees with jurisdiction over issues that impact Indian tribes.
     (2) The term of office of each member of the house of representatives or senate serving on the committee runs from the close of the session in which the member is appointed until the close of the next regular session held in an odd-numbered year. The term of office for a committee member who is a member of the house of representatives or the senate who does not continue as a member of the senate or house of representatives or as a chair or ranking minority member of a standing committee ceases upon the convening of the next regular session of the legislature during the odd-numbered year following the member's appointment, or upon the member's resignation or removal as chair or ranking minority member of a standing committee, whichever is earlier. All vacancies must be filled from the same position of chair or ranking minority member and from the same house as the member whose seat was vacated. Vacancies on the committee shall be filled by appointment in the same manner as described in subsection (1) of this section. Members of the committee shall be appointed before the close of the 2010 legislative session, and before the close of each regular session during an odd-numbered year thereafter.
     (3) The committee shall elect a chairperson and a vice-chairperson. The chairperson shall be a member of the senate in even-numbered years and a member of the house of representatives in odd-numbered years and the vice-chairperson shall be a member of the house of representatives in even-numbered years and a member of the senate in odd-numbered years.
     (4) The committee shall establish an executive committee of six members, two of whom are members of the senate, two of whom are members of the house of representatives, the committee chairperson, and the committee vice-chairperson. The executive committee is responsible for performing all general administrative and personnel duties assigned to it in the rules and procedures adopted by the joint legislative committee, as well as other duties delegated to it by the joint legislative committee.
     (5) The committee has the powers and duties in this subsection.
     (a) At least four times a year, the committee must meet with leaders of federally recognized Indian tribes to discuss the actual and potential impacts of state law or proposed changes in state law on tribal governments and tribal members. Meetings must be held in September, in January before the regularly scheduled legislative session, at least once during the regularly scheduled legislative session, and in June.
     (b) The committee must maintain active communication with leaders of all federally recognized tribes located in Washington state.
     (6) A majority of committee members may convene a meeting of the committee to select a chairperson if the position is vacant.
     (7) The committee shall adopt rules and procedures for its orderly operation.

NEW SECTION.  Sec. 7   Nothing in this chapter creates a right of action against a state agency or a right of review of an action by state agency.

NEW SECTION.  Sec. 8   Sections 1 through 7 of this act constitute a new chapter in Title 43 RCW.

NEW SECTION.  Sec. 9   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.