Bill Text: CA SB61 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: University of California: California Native American Graves Protection and Repatriation Act of 2001.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2023-09-01 - September 1 hearing: Held in committee and under submission. [SB61 Detail]

Download: California-2023-SB61-Amended.html

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Amended  IN  Senate  February 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 61

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Introduced by Senator Dodd
(Coauthors: Senators Jones and Skinner)
(Coauthors: Assembly Members Jackson and McCarty)

December 21, 2022

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An act to add Article 2.8 (commencing with Section 92617) to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code, relating to the University of California.

LEGISLATIVE COUNSEL'S DIGEST

SB 61, as amended, Dodd. University of California: California Native American Graves Protection and Repatriation Act of 2001.

The California Constitution provides that the University of California constitutes a public trust, and requires the university to be administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes.

The California Native American Graves Protection and Repatriation Act of 2001 requires all agencies and museums, which is defined to include higher education institutions, that receive state funding and have possession or control over collections of California Native American human remains and associated funerary objects to inventory those remains and objects for repatriation to the appropriate California Indian tribes, as specified.

As a condition for using state funds to handle and maintain Native American human remains and cultural items, this bill would require the office of the President of the University of California to comply with various requirements regarding repatriation of Native American human remains and cultural items, as provided.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Article 2.8 (commencing with Section 92617) is added to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code, to read:

Article  2.8. California Native American Graves Protection and Repatriation Act of 2001

92617.

 As used in this article, the following definitions apply:

(a) “Federal act” means the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.).

(b) ”Institution” means a campus of the University of California.

(c) “State act” means the California Native American Graves Protection and Repatriation Act of 2001 (Chapter 5 (commencing with Section 8010) of Part 2 of Division 7 of the Health and Safety Code).

92617.1.

 It is the intent of the Legislature to ensure that all of the following occurs:

(a) The University of California reports each institution’s progress towards completing repatriation pursuant to the state act.

(b) The office of the President of the University of California provides available funding to sufficiently support each institution’s efforts towards completing repatriation pursuant to the state act.

(c) Membership of the University of California’s systemwide and institution-level Native American Graves Protection and Repatriation Act Implementation and Oversight Committees established pursuant to Section 8026 of the Health and Safety Code have individuals with different types of educational backgrounds.

92617.2.

 As a condition for using state funds to handle and maintain Native American human remains and cultural items, the office of the President of the University of California shall comply with all of the following:

(a) To ensure that the University of California, Santa Barbara, identifies all of the Native American human remains and cultural items in its collection under the state act, monitor this institution’s efforts to review that collection and ensure that this institution completes this review process on or before July 1, 2024.

(b) To ensure that institutions appropriately respond to all Native American human remains and cultural items they find in the future, issue guidance, on or before July 1, 2024, about how institutions should proactively work with partner entities to facilitate repatriation of those items.

(c) To ensure that institutions comply with the state act and appropriately consult with California Indian tribes, establish a uniform process that institutions follow when consulting with California Indian tribes about their Native American human remains and cultural items inventories.

(d) To ensure that institutions provide appropriate resources and oversight to the administration of the state act, require institutions with more than 100 sets of Native American human remains or cultural items to have full-time repatriation coordinators on or before July 1, 2024.

(e) To ensure that institutions fully repatriate their collections in a timely and consistent manner, require institutions to complete and submit detailed repatriation plans, on or before July 1, 2024, for review and approval by the campus-level Native American Graves Protection and Repatriation Act Implementation and Oversight Committee, and the systemwide Native American Graves Protection and Repatriation Act Implementation and Oversight Committee, established pursuant to Section 8026 of the Health and Safety Code. The repatriation plans shall include a detailed budget.

(f) Until such time that the Legislature requires the office to provide Provide funding to support institution-level repatriation efforts, efforts and ensure that institutions identify adequate funding sources in their detailed budgets established pursuant to subdivision (e).