Assemblyman Paul Cook has amassed perhaps the strongest record of legislative success in Native American cultural and social issues of any current California legislator. Cook was the lead author of landmark legislation establishing “Tribal Customary Adoption” for Native American children. This legislation established the legal standing of a tribe in the adoption of a Native American child and created a novel legal concept of dual parentage, so that the child can retain a connection to the biological parents. Cook’s Tribal Customary Adoption law has set the precedent for other states, and efforts are underway to replicate its success. Additionally, Cook secured passage of separate legislation to ensure the legal standing of a dependent Native American youths once they reach the age of 18. Cook was also instrumental in freeing $30 million from the Special Distribution Fund, which is intended to mitigate the effects of gaming in local communities.

Tribal Customary Adoptions

Cook’s efforts to create a special system of adoption for Native American children was a multi-year effort that began in the summer of 2007. In the past, standard adoption had been used to assimilate Native American children into non-Native American communities. Often, adoptive families, most of them well meaning, denied Native American children their heritage, changed the children’s names, and raised them in communities where few others shared their tribal heritage and culture. Many adopted children had significant problems adapting to their new communities. This adoption process included a Termination of Parental Rights (TPR) of the biological parents, which severed the legal ties between a child and the tribe. Cook’s Assembly Bill 2736 proposed a new system of adoption. TPR would not occur if the termination would substantially interfere with the child’s connection to his or her tribal membership or if there was a guardian or foster parent within the tribe for a permanent living situation. Moreover, under AB 2736, the child’s tribe would have greater legal standing throughout the adoption process: state courts were required to consult with the tribes. These concepts were groundbreaking in California law, in that no other adoption process allowed, in essence two sets of legal parents, nor does any other adoption process allow the input of a third party such as a tribe. When AB 2736 failed passage, Cook reintroduced the measure and doubled his efforts to educate Legislators on the history and circumstances of Native American adoptions. Of equal importance, the effort had reached nearly all federally recognized tribes in California by that time, and the Native American community coalesced in favor of the legislation, lobbying legislators and advocating for the bill. With little change to the goals or policy from the previous bill, AB 1325 succeeded where AB 2736 failed and was signed into law in October, 2009. AB 1325 allowed Native American children and families to realize the permanency and support of adoption without the culturally offensive precursor of terminating the legal connection to the tribe. Within months of its passage, several cases were being prepared to utilize this new system of adoption. With increased usage, Tribal Customary Adoption is one new way of preserving the community and heritage of California’s Native American tribes.

Native American Dependent Youth

Before AB 2418 in 2010 by Cook, state statute concerning Native American children did not protect youths over the age of 18. A dependent Native American youth who turned 18 was not considered an "Indian" under the legal definition. When the Native American youth was deemed non-Indian for purposes such as dependency law, tribes lost the ability to participate and assist in legal proceedings related to the tribal child. Thus, the overall interests of Native American youths, families, and tribes suffered. AB 2418 now allows dependent Native American youth over the age of 18 to be eligible for application of the Indian Child Welfare Act until the age of 21.

Gaming Special Distribution Fund

In accordance with the 1999 Tribal State Compacts, the Special Distribution Fund (SDF) provides funding for non gaming tribes, local governments, and special districts impacted by tribal gaming. Grants from the fund can be used for local law enforcement, fire and emergency services, environmental impacts, and other services. In the 2007/08 fiscal year, Gov. Schwarzenegger froze $30 million in the SDF, labeling the action a “savings,” even though the funds could not be used for any other purpose. In 2010, Cook introduced AB 2198 to restore the $30 million so that it could be used for its intended purpose. While the bill did not pass, Cook worked to include this funding as part of the budget process and, with diligence, the release of the $30 million was achieved in the budget that year.

An unnecessary veto by Governor Schwarzenegger of a bill by Assemblyman Paul Cook led to some conversation on Cook's legislative record. For the record, it's substantial, particularly with public safety. As a show of respect and gratitude, the Contractors' State License Board wrote an editorial addressing the minor controversy over the veto. Take a look:

http://is.gd/gxHSX

Assemblyman Paul Cook has authored a great number of bills dealing with public safety and crime. He's tackled issues with sex offenders, missing children, and public corruption. He has gained the Governor's signature on many of the most significant measures. The following is a list of his more notable public safety and crime bills over the past two legislative sessions:

AB 33 - Amber Dubois Legislation (1 of 3): Peace Officers Missing Child Training Act

(Three bills were introduced in response to the tragic kidnapping, assault, and murder of 14-year-old Amber Dubois by known sex offender John Gardner.)

AB 33 will require law enforcement agencies to adopt a checklist document for missing person investigations, establish guidelines on missing persons investigations, and utilize a missing person reporting form (by January 1, 2012). This bill will also disseminate the California Peace Officers Standards and Training Commission (POST)'s "Guidelines For Handling Missing Persons Investigations" via a Department of Justice (DOJ) bulletin and through the California Law Enforcement Website. It also directs POST to update their Guidelines For Handling Missing Persons Investigations. Finally, AB 33 directs the DOJ, through the Violent Crimes Information Center (VCIC) to create a list of possible suspects and provide that list to law enforcement, in the event of a suspected stranger abduction of a child. AB 33 will be signed into law.

AB 34 - Amber Dubois Legislation (2 of 3): National Crime Information Center Notification

This bill will require law enforcement agencies to file missing persons reports with National Crime Information Center and the California Violent Crime Information Center within two hours of receipt of the report. It will also allow the state Attorney General to provide these important details to qualified organizations that will provide valuable help in finding missing persons. AB 34 will be signed into law.

AB 1022 - Amber Dubois Legislation (3 of 3): Missing Persons Coordination Act:

This bill creates the position of a Missing Persons Coordinator within the DOJ to assist law enforcement agencies with the timely search and recovery of at-risk abducted children utilizing existing resources and expertise in the DOJ. AB 1022 will be signed into law.

AB 307 - Sex Offenders Workplace Restrictions

This significant piece of legislation prohibits sex offenders from working in any capacity that provides goods or services to children in an unaccompanied setting. At introduction, this bill began as prohibiting sex offenders from operating ice cream trucks. However, by the time it reached the Governor's desk, Cook succeeded in greatly expanding the scope of the bill. AB 307 was signed into law.

AB 1829 - Stolen Valor Act: Military Decorations Fraud

This bill would increase the penalty for making a fraudulent claim of a military decoration. Under state law, such an offense is considered a mere infraction. If enacted, this legislation will increase this crime to a misdemeanor.

AB 1906 - Additional Grand Juries in San Bernardino County

This bill would allow San Bernardino County to appoint an additional civil grand jury each year. With certain exceptions, most counties may only appoint one grand jury per year.  This bill will help fight government corruption and waste by allowing for an additional grand jury. AB 1906 was signed into law.

More Cook Bills on Public Safety and Crime:

AB 458 - Peace Officers Safety Window Tint
AB 587 - Gang Graffiti
AB 589 - Sex Offenders Special Drivers License
AB 1068 - Sex Offender Restrictions Around Schools

For the past several months, I've worked with Maurice "Moe" Dubois and Rebecca Smith of the "More Kids" organization and Assemblyman Pedro Nava (D-Santa Barbara) on what are perhaps the most important of any of my bills during my time in Sacramento. Moe and Rebecca formed the More Kids organization following the tragic abduction, assault, and murder of Moe’s 14-year-old daughter, Amber Dubois, at the hands of a known sex offender. This same sex offender was also responsible for the murder of 17-year-old Chelsea King.

Through legislation – AB 33, AB 34, and AB 1022 – we’ve worked in a bipartisan fashion to reform and institute missing child guidelines throughout the state in every law enforcement agency, to provide coordination at the state level for investigation efforts, and to ensure that information on a missing child is submitted and distributed to the correct authorities in the shortest time possible. These are much needed and overdue changes that California needs, in order to keep our children safe and give ourselves the best chance to find missing children before they are harmed.

These bills should be taken up today in the State Senate. We expect that the bills will pass. They must then travel to the Assembly for a final vote before heading to the Governor's desk.

It's difficult to find joy in the potential for these bills to pass, given the origins of the legislation. That said, I'm extremely proud of our efforts, and believe Moe and Rebecca have done an immeasurable service to the children and families in this state. Out of tragedy, they have initiated changes in law that will help authorities and families see the safe return of our children.

I ask that you follow these bills and, at the appropriate time, ask the Governor to sign these important measures into law.

Assemblyman Paul Cook had eight of his bills become law in 2009, topping his totals for all previous years.  Below are all eight bills and descriptions of the bills:

AB 265 requires a statewide official to forfeit his or her office if convicted of falsely claiming receipt of a military decoration or medal under the federal Stolen Valor Act.  

AB 307 requires registered sex offenders to disclose their registration status to prospective employers when applying for a job where they would be working in a position directly and in an unaccompanied setting, that provides goods or services to minors.

AB 425 will prevent the Department of Motor Vehicles (DMV) from charging reissuance fees to members of the US Armed Forces if a member’s car insurance lapses during deployment.

AB 563 will allow the California Military Families Relief Fund (CMFRF) to remain on the state income tax return form as a voluntary contribution option. Contributions to the fund during the past year fell below the statutory threshold necessary to remain on the tax return form, which would have required its removal and eventual end due to lack of funding. The CMFRF provides grants to military families experiencing significant income loss due to deployment.

AB 717 establishes an annual "Welcome Home Vietnam Veterans Day" on March 30th of every year, to recognize and herald the contribution of Vietnam Veterans.

AB 774 permits any California community college to coordinate with local transit agencies to allow students to ride public transportation at greatly reduced rates. Similar programs are in use at most University of California campuses and some California State University campuses.

AB 830 ensures California law remains consistent with federal policy concerning the use of "off-label" prescription drugs for cancer patients, by ensuring Medi-Cal reimbursement.  Without AB 830, cancer patients might not have access to the newest and best off-label prescription drugs.

AB 1325 creates an alternative "customary adoption" process for Native American children, which will account for the needs of the child and the needs of the child within his or her tribe. Conventional adoption most often ignores a child’s tribal connection and mandates termination of rights for the birth parents, thus severing any legal tie between the child and the tribe. AB 1325’s customary adoption will allow this legal connection to persist, so that children may retain ties with their tribe and cultural traditions.

There will be a signing ceremony for AB 717 with Governor Arnold Schwarzenegger at 10:30AM on Friday September 25 at the Marine Corps Air Ground Combat Center in Twentynine Palms California. Assemblyman Paul Cook's Capitol Office released the following information:

The signing ceremony is scheduled for September 25th at 10:30 A.M on the base's parade field. Vietnam veterans and members of veteran organizations are encouraged to attend. Due to security precautions, a special pass is required for entry on the base. For more information on obtaining a pass, please contact Cook's Capitol Office at (916) 319-2065. Marine Corps officials are advising attendees to enter at the Adobe Road entrance.

For more information, read the official announcement here:

http://is.gd/3BuGT

The Hi-Desert Star and the Sacramento Bee produced write-ups on AB 717, Assemblyman Paul Cook’s bill to create a Welcome Home Vietnam Veterans Day in California on March 30th of each year. The bill still needs Governor Arnold Schwarzenegger’s signature to become law, but Schwarzenegger is expected to sign the bill. The Hi-Desert Star reports accurately that after Schwarzenegger vetoed a similar measure, Cook's AB 264, a meeting occurred between Cook and Schwarzenegger, and "Cook rescued the measure by placing the language into a new bill." There is talk of a bill signing ceremony for AB 717, with veterans groups present.

Hi-Desert Star article

Sac Bee article

Sad to say, other states lead the nation these days.  And sometimes newspapers from other states put it best on California politics.  Take a look at the Salem News editorial on the recent gubernatorial veto of Assemblyman Paul Cook's AB 264, a bill to create a Welcome Home Vietnam Veterans Day:

http://bit.ly/15ZGcR