Bill Text: CA AB1137 | 2021-2022 | Regular Session | Amended

California Assembly Bill 1137 (Prior Session Legislation)

Bill Title: Cultural heritage destruction: California universities and museums.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2022-06-13 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS. [AB1137 Detail]

Download: California-2021-AB1137-Amended.html

Amended IN Senate June 13, 2022

Amended IN Assembly May 24, 2021

Amended IN Assembly April 21, 2021

Amended IN Assembly March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 1137

Introduced by Assembly ~~Members Mullin and Lorena Gonzalez~~ Member Nazarian

February 18, 2021

~~An act to add and repeal Section 2408.5 of the Elections Code, relating to elections.~~ An act to add Chapter 14 (commencing with Section 20095) to Part 11 of Division 1 of Title 1 of, and to add Chapter 13 (commencing with Section 67130) to Part 40 of Division 5 of Title 3 of, the Education Code, relating to cultural heritage.

LEGISLATIVE COUNSEL'S DIGEST

AB 1137, as amended, ~~Mullin~~ Nazarian. ~~Elections: voter registration agencies.~~ Cultural heritage destruction: California universities and museums.

Existing law, known as the Donahoe Higher Education Act, provides for a public postsecondary education system in the state. Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges, the California State University under the administration of the Trustees of the California State University, and the University of California under the administration of the Regents of the University of California as the 3 segments of public postsecondary education in the state.
This bill would prohibit the California Community Colleges and the California State University from inviting, and would request the University of California to not invite, a sponsored professor, as defined, to its campus or facility if the professor is employed by a college or university that is funded by a country that has received an adverse judgment regarding the destruction of cultural heritage artifacts or sites by the International Court of Justice, as specified.
Existing law, the California Cultural and Historical Endowment Act, establishes the California Cultural and Historical Endowment in the Natural Resources Agency. Among other things, the act authorizes the endowment to make grants and loans on a competitive basis to public agencies and nonprofit organizations, as defined, to encourage development of California’s historical and cultural resources.
The bill would prohibit a museum in California that receives public funding from displaying any country-funded item or artifact, or sending to a country or receiving from a country any item or artifact, if that country has received an adverse judgment by the International Court of Justice regarding its destruction of cultural heritage artifacts or sites, as specified. The bill would also authorize a museum in California that receives public funding to prohibit the display an item or artifact that is suspiciously country-funded if that country has received an adverse judgment by the International Court of Justice regarding the country’s destruction of cultural heritage artifacts or sites, as specified.
Existing law requires a voter registration agency that allows a person to apply online for service or assistance, or to submit a recertification, renewal, or change of address form relating to the service or assistance online, to implement a process and infrastructure that allows an applicant to electronically submit a voter preference form to the voter registration agency. If a person indicates on the electronic voter preference form that they would like to register to vote, existing law requires that the person be informed that they may register to vote electronically on the Secretary of State’s internet website, as specified. Existing law authorizes a voter registration agency to take steps to ensure that the information entered into a person’s electronic application will be automatically transferred to the electronic affidavit of voter registration if the person indicates that the person would like to register to vote.
This bill would require the Secretary of State, no later than December 31, 2022, to report to the Legislature regarding the process and infrastructure established by each voter registration agency to allow a person who applies online to electronically submit a voter preference form and an affidavit of voter registration and the feasibility of the voter registration agency establishing a process and infrastructure to implement automated voter registration, as specified. The bill would also permit the Secretary of State to update the required report and to provide periodic updates. The bill would require a voter registration agency to provide the Secretary of State with all information that the Secretary of State identifies as necessary to complete the report. By imposing additional duties on voter registration agencies, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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

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

SECTION 1.
The Legislature finds and declares all of the following:
(a) The United Nations defines “cultural heritage destruction” as the intentional destruction of tangible, intangible, and natural heritage.
(b) Tangible heritage includes, but is not limited to, movable objects such as paintings, sculptures, coins, and manuscripts; immovable objects such as monuments and archaeological sites; and underwater objects such as shipwrecks, underwater ruins, and cities.
(c) Intangible heritage includes, but is not limited to, oral traditions, performing arts, and rituals.
(d) Natural heritage includes, but is not limited to, natural sites with cultural aspects such as cultural landscapes and physical, biological, or geological formations.
(e) Cultural heritage destruction is widely viewed as part and parcel with genocide.
(f) The International Court of Justice acts as an international arbiter between countries.
(g) In disputes between countries, the International Court of Justice has voted to take all necessary measures to, among other things, prevent and punish acts of vandalism and desecration affecting cultural heritage.
(h) The International Court of Justice can issue judgments in disputes between countries, but the International Court of Justice has no powers of enforcement.
(i) As a desired destination for billions across the globe, California has not sufficiently used its cultural leverage to help prevent and punish acts of cultural heritage destruction.
(j) California universities are some of the most prestigious universities in the world with some of the most coveted teaching positions.
(k) Publicly funded museums in California are some of the most utilized spaces to view artifacts in the world.
(l) Publicly funded museums in California provide foreign governments with the opportunity to display their cherished artifacts.
(m) The ability to display these artifacts at publicly funded museums in California provides foreign governments with the opportunity to develop soft power capabilities.

SEC. 2.

Chapter 14 (commencing with Section 20095) is added to Part 11 of Division 1 of Title 1 of the Education Code, to read:

CHAPTER 14. Cultural Heritage Destruction
20095.
(a) A museum in California that receives public funding shall not display any country-funded item or artifact, including, but not limited to, a cultural artifact, if that country has received an adverse judgment by the International Court of Justice regarding the country’s destruction of cultural heritage artifacts or sites.
(b) A museum in California that receives public funding may prohibit the display of any item or artifact, including, but not limited to, a cultural artifact, that is suspiciously country-funded if that country has received an adverse judgment by the International Court of Justice regarding the country’s destruction of cultural heritage artifacts or sites.
(c) A museum in California that receives public funding shall neither send to a country, nor receive from a country, any item or artifact, including, but not limited to, a cultural artifact, if that country has received an adverse judgment by the International Court of Justice regarding the country’s destruction of cultural heritage artifacts or sites.

SEC. 3.

Chapter 13 (commencing with Section 67130) is added to Part 40 of Division 5 of Title 3 of the Education Code, to read:

CHAPTER 13. Cultural Heritage Destruction
67130.
(a) The California Community Colleges and the California State University and each campus, branch, or function thereof shall, and the University of California is requested to, not invite a sponsored professor to its campus or facility if the sponsored professor is employed by a college or university that is funded by a country that has received an adverse judgment regarding the country’s destruction of cultural heritage artifacts or sites by the International Court of Justice.
(b) As used in this section, “sponsored professor” means a person who participates in or observes teaching, research, or public service activities for more than 10 consecutive days, not including weekends or campus holidays, in collaboration with an employee or student of a California college or university described in subdivision (a).

SECTION 1.Section 2408.5 is added to the Elections Code, to read:
2408.5.
~~(a)No later than December 31, 2022, the Secretary of State shall report to the Legislature regarding all of the following:~~
(1)The voter registration agencies that have implemented a process and infrastructure pursuant to Section 2408 that allows a person who applies online for service or assistance, or submits a recertification, renewal, or change of address form relating to the service or assistance online, to electronically submit a voter preference form and an affidavit of voter registration.
~~(2)For a voter registration agency that has implemented a process and infrastructure pursuant to Section 2408, information on the process and infrastructure, including all of the following:~~
~~(A)Any security procedures to protect the information submitted online by an applicant.~~
~~(B)Any procedures to ensure that an applicant who is not eligible to register to vote is not registered to vote.~~
(C)Any steps taken by the voter registration agency pursuant to subdivision (c) of Section 2408 to ensure that the information entered into an applicant’s electronic application will be automatically transferred to the electronic affidavit of voter registration if the applicant indicates that the applicant would like to register to vote.
(3)The feasibility of each voter registration agency establishing a process and infrastructure that securely and automatically registers an applicant to vote, unless the applicant affirmatively declines to be registered, while protecting noncitizens from mistaken registration.
~~(b)The Secretary of State may update the report required under subdivision (a) and may provide periodic updates to the Legislature.~~
~~(c)A voter registration agency shall provide the Secretary of State all information that the Secretary of State identifies as necessary to complete the report described in subdivision (a).~~
~~(d)(1)A report to be submitted to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.~~
~~(2)Pursuant to Section 10231.5 of the Government Code, this section is repealed on July 1, 2026.~~
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.