Bill Text: CA AB226 | 2023-2024 | Regular Session | Enrolled

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: Moderate Partisan Bill (Democrat 6-1)

Status: (Passed) 2023-10-10 - Chaptered by Secretary of State - Chapter 639, Statutes of 2023. [AB226 Detail]

Download: California-2023-AB226-Enrolled.html

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Enrolled  September 18, 2023

Passed  IN  Senate  September 13, 2023

Passed  IN  Assembly  September 14, 2023

Amended  IN  Senate  September 01, 2023

Amended  IN  Assembly  March 20, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 226

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Introduced by Assembly Members Ramos and Cervantes
(Coauthors: Assembly Members Addis, Arambula, Mike Fong, Ortega, and Ta)

January 11, 2023

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An act to add Article 2.9 (commencing with Section 92618) to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code, and to amend Section 8028 of the Health and Safety Code, relating to the University of California.

LEGISLATIVE COUNSEL'S DIGEST

AB 226, Ramos. 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.

This bill would urge the University of California to, on or before June 30, 2024, and annually thereafter, report each University of California campus’s progress towards completing repatriation pursuant to the California Native American Graves Protection and Repatriation Act of 2001. The bill would urge the office of the President of the University of California to provide available funding to sufficiently support those efforts. The bill would urge the University of California to prohibit use of any Native American human remains or cultural items for purposes of teaching or research at the University of California.

Existing law requires the California State Auditor to conduct an audit commencing in the year 2019 and again in 2021 regarding the University of California’s compliance with the federal and California acts and to report its findings to the Legislature and all other appropriate entities.

This bill would require the California State Auditor to additionally conduct an audit again in 2024 and 2026, and to also report its findings to the Native American Heritage Commission.

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 2.9 (commencing with Section 92618) is added to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code, to read:

Article  2.9. California Native American Graves Protection and Repatriation Act Compliance

92618.

 (a) As used in this article, the following definitions apply:

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

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

(b) On or before June 30, 2024, and annually thereafter, the University of California is strongly urged to report each institution’s progress towards completing repatriation pursuant to the act.

(c) The office of the President of the University of California is strongly urged to provide available funding to sufficiently support each institution’s efforts towards completing repatriation pursuant to the act.

(d) The University of California is strongly urged to prohibit use of any Native American human remains or cultural items for purposes of teaching or research at the University of California.

SEC. 2.

 Section 8028 of the Health and Safety Code is amended to read:

8028.

 The California State Auditor, in accordance with Chapter 6.5 (commencing with Section 8543) of Division 1 of Title 2 of the Government Code, shall conduct an audit commencing in the year 2019 and in 2021, and again in 2024 and 2026 regarding the University of California’s compliance with the federal Native American Graves Protection Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter. The State Auditor shall report its findings to the Legislature, the Native American Heritage Commission, and all other appropriate entities.