Amended  IN  Senate  May 18, 2023
Amended  IN  Senate  February 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 61

Introduced by Senator Dodd
(Coauthors: Senators Jones Jones, Ochoa Bogh, and Skinner)
(Coauthors: Assembly Members Jackson Aguiar-Curry, Alanis, Boerner, Jackson, Mathis, and McCarty)

December 21, 2022

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

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” “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 institutions identify all of the Native American human remains and cultural items in its collection their collections 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. develop and implement a plan for completing a comprehensive search of all University of California curation facilities, repositories, displays, laboratories, teaching facilities, faculty and departmental offices, and any other location where misidentified, mishandled, misfiled, miscatalogued, lost, or undocumented Native American human remains or cultural items may be used or stored.
(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 California Indian tribes 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 process, on or before July 1, 2024, that institutions follow when consulting with California Indian tribes about their all Native American human remains and cultural items in the institutions’ 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 collections of Native American human remains or cultural items representing a minimum number of at least 20 individuals, in whole or in part, 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 comply with both of the following:
(1) 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.
(2) Prohibit institutions from accessing collections of Native American human remains and cultural items for any purpose, except as provided in this article and the state and federal acts, until they comply with paragraph (1).
(f) Provide funding to support institution-level repatriation efforts and ensure that institutions identify adequate funding sources in their detailed budgets established pursuant to subdivision (e).