Bill Text: CA AB389 | 2023-2024 | Regular Session | Amended

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

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

Spectrum: Moderate Partisan Bill (Democrat 9-2)

Status: (Passed) 2023-10-10 - Chaptered by Secretary of State - Chapter 649, Statutes of 2023. [AB389 Detail]

Download: California-2023-AB389-Amended.html

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Amended  IN  Senate  August 28, 2023

Amended  IN  Senate  June 26, 2023

Amended  IN  Senate  June 05, 2023

Amended  IN  Assembly  May 01, 2023

Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 389

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Introduced by Assembly Member Ramos

February 02, 2023

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An act to amend Section 7927.000 of the Government Code, and to amend Section 5097.94 of the Public Resources Code, relating to public resources. An act to add Chapter 4.2 (commencing with Section 89417) to Part 55 of Division 8 of Title 3 of the Education Code, relating to Native American repatriation.

LEGISLATIVE COUNSEL'S DIGEST

AB 389, as amended, Ramos. Public resources: Native American Heritage Commission: human remains notifications: tribal contact list: public records. Native American repatriation: California Native American Graves Protection and Repatriation Act of 2001: California State University.

Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. The California State University comprises 23 institutions of higher education located throughout the state.

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 prohibit the use of any Native American human remains or cultural items for purposes of teaching or research at the California State University. The bill would require the office of the Chancellor of the California State University to comply with various requirements related to repatriation of Native American human remains and cultural items under the California Native American Graves Protection and Repatriation Act of 2001, as specified.

(1)Existing law establishes the Native American Heritage Commission and empowers the commission to do certain things, including to identify and catalog places of special religious or social significance to Native Americans and known graves and cemeteries of Native Americans on private lands. Existing law, the California Public Records Act, requires that public records, as defined, be available to the public for inspection and made promptly available to any person, with specified exceptions, including an exception for records of Native American graves, cemeteries, and sacred places, among other things.

This bill would provide, as an exception to the California Public Records Act, genealogical records of tribal members and cultural affiliation records received during a consultation by the commission relating to the inclusion or removal of a Native American tribe, person, or entity on the tribal contact list maintained by the commission, among other records relating to the commission.

(2)Existing law requires a county coroner to notify the commission by telephone within 24 hours if the coroner determines that discovered human remains are not subject to their authority and recognizes, or has reason to believe, the remains are those of a Native American, as specified. Existing law requires the commission, whenever it receives notification of a discovery of Native American human remains from a county coroner, to immediately notify those persons it believes to be most likely descended from the deceased Native American.

This bill would authorize the commission to make recommendations to a county coroner on human remains notification and repatriation procedures.

(3)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

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.

 Chapter 4.2 (commencing with Section 89417) is added to Part 55 of Division 8 of Title 3 of the Education Code, to read:

CHAPTER  4.2. California Native American Graves Protection and Repatriation Act Compliance

89417.

 For purposes of this chapter, the following definitions apply:

(a) “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.

(b) “Campus” means a campus of the California State University.

(c) “Chancellor’s office” means the office of the Chancellor of the California State University.

(d) “CSU” means the California State University.

89417.5.

 The CSU shall prohibit the use of any Native American human remains or cultural items for purposes of teaching or research at the CSU.

89418.

 The chancellor’s office shall comply with all of the following requirements related to repatriation of Native American human remains and cultural items under the act:

(a) To ensure that the CSU makes adequate progress in satisfying its requirements under the act, submit an annual report, on or before December 31, 2024, and each December 31 thereafter, to the Legislature, pursuant to Section 9795 of the Government Code, on the CSU’s systemwide progress in reviewing its collections, consulting with Native American tribes, and repatriating Native American human remains and cultural items.

(b) To ensure campuses identify all of the Native American remains and cultural items in their collections, do both of the following:

(1) Monitor campus efforts to review their collections and require the completion of their inventories by December 31, 2025.

(2) Ensure that campuses properly consult with Native American tribes by engaging in a meaningful and timely discussion in a manner respectful of tribal sovereignty regarding protocols for handling and identifying Native American remains and cultural items.

(c) To provide campuses with the guidance and best practices necessary for effectively complying with the act, issue, in consultation with California Native American tribes and the Native American Heritage Commission, a systemwide policy establishing consistent repatriation processes and training requirements.

(d) On or before December 31, 2024, to ensure that it adequately oversees campus-based repatriation activities under the act, establish a systemwide oversight committee.

(e) On or before December 31, 2024, implement a process for campuses to periodically report their repatriation activities to the systemwide oversight committee established pursuant to subdivision (d).

(f) Require campuses with more than 100 Native American remains and cultural items to establish campus-based Native American Graves Protection and Repatriation committees.

(g) On or before June 30, 2025, to ensure that campuses pursue timely repatriation, require campuses with more than 100 sets of Native American remains and cultural items to have full‑time, experienced repatriation coordinators.

(h) To ensure that repatriation is a systemwide priority and that campuses have access to clear and consistent leadership under the act, formalize, on or before December 31, 2024, its administrative structure. This may include, but is not limited to, the chancellor’s office assigning a position within the chancellor’s office to directly oversee the work of the systemwide project manager established under the act.

(i) To ensure that campuses have the funding necessary to comply with the act, do both the following:

(1) Require each campus with Native American remains or cultural items collections to identify and estimate, on or before January 31, 2025, the funding and other resources it needs to complete repatriation under the act in an appropriate and timely manner.

(2) After evaluating the reasonableness of campus estimates under paragraph (1), identify and provide the required funding from existing systemwide or campus-based resources, or seek additional funding from the Legislature, to ensure that campuses have adequate funding to support their activities under the act.