Todd Gloria
- Democratic
- Mayor
- None
Author
Existing law, the California Native American Graves Protection and Repatriation Act of 2001 (California act) , requires all agencies and museums that receive state funding that have possession or control over collections of California Native American human remains or cultural items, as defined, to inventory those remains and items for the identification and repatriation of the items to the appropriate Indian tribes. The California act states the intent of the Legislature to apply the state's repatriation policy consistent with the federal Native American Graves Protection and Repatriation Act (federal act) and to facilitate the implementation of the provisions of the federal act with respect to publicly funded agencies and museums in California. Existing law establishes the Native American Heritage Commission and vests the commission with specified powers and duties. Existing provisions of the California Constitution establish the University of California as a public trust under the administration of the Regents of the University of California. The California Constitution grants to the regents all the powers necessary or convenient for the effective administration of this public trust, subject to such legislative control as may be necessary to insure the security of its funds, compliance with the terms of the endowments of the university, and certain competitive bidding procedures. This bill would require the regents, or their designee, as a condition for using state funds to handle and maintain Native American human remains and cultural items, to establish and support a systemwide Native American Graves Protection and Repatriation Act Implementation and Oversight Committee, with specified membership, and, for any campus subject to the federal act, a campus implementation committee, with specified membership. The bill would require the regents, as a condition for using state funds to handle and maintain Native American human remains and cultural items, in consultation with the systemwide committee, to adopt and implement certain policies and procedures to better implement the federal act and to timely submit the policies and procedures to the Native American Heritage Commission for review and comment by July 1, 2019. The bill would make conforming changes to the powers and duties of the Native American Heritage Commission. The bill would require the regents, as a condition for using state funds to handle and maintain Native American human remains and cultural items, to ensure that the campus committees implement the policies and procedures adopted by the regents and reviewed by the Native American Heritage Commission. The bill would provide that, if the regents use state funds to handle and maintain Native American human remains and cultural items, all claims for repatriation or claims of any violation of the policies and procedures shall be submitted to the campus committee for determination and would require the regents to adopt procedures to support appeals and dispute resolution in cases where a tribe disagrees with a campus determination regarding repatriation or disposition of cultural items directly to the systemwide committee. The bill would require 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 to all other appropriate entities.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 823, Statutes of 2018.
Enrolled and presented to the Governor at 4:30 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 7033.).
In Assembly. Concurrence in Senate amendments pending.
Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5991.).
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 16).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 20). Re-referred to Com. on APPR.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 5534.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 16. Noes 0.) (May 25).
In committee: Set, first hearing. Referred to APPR. suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (April 24). Re-referred to Com. on APPR.
Coauthors revised.
Coauthors revised.
From committee: Do pass and re-refer to Com. on HIGHER ED. (Ayes 7. Noes 0.) (April 17). Re-referred to Com. on HIGHER ED.
From committee chair, with author's amendments: Amend, and re-refer to Com. on A.,E.,S.,T., & I.M. Read second time and amended.
Referred to Coms. on A.,E.,S.,T., & I.M. and HIGHER ED.
From printer. May be heard in committee March 19.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB2836 | HTML |
| 02/16/18 - Introduced | |
| 03/22/18 - Amended Assembly | |
| 05/25/18 - Amended Assembly | |
| 08/17/18 - Amended Senate | |
| 08/24/18 - Amended Senate | |
| 09/04/18 - Enrolled | |
| 09/27/18 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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