California Assembly Bill AB404 Amended / Bill

 BILL NUMBER: AB 404AMENDED BILL TEXT AMENDED IN SENATE JUNE 21, 2011 AMENDED IN ASSEMBLY APRIL 25, 2011 AMENDED IN ASSEMBLY MARCH 8, 2011 INTRODUCED BY Assembly Member Gatto (  Coauthor:   Assembly Member   Galgiani   Coauthors:   Assembly Members   Chesbro,   Galgiani,   and V. Manuel Prez  ) FEBRUARY 14, 2011  An act to add Chapter 1.78 (commencing with Section 5097.1000) to Division 5 of the Public Resources Code, relating to Native Americans.   An act to add Chapter 5.6 (commencing with Section 66360) to Part 40 of Division 5   of Title 3 of the Education Code, relating to postsecondary education.  LEGISLATIVE COUNSEL'S DIGEST AB 404, as amended, Gatto.  Public postsecondary education:  Native American language preservation.  Existing law establishes the California Indian Heritage Center Task Force within the Department of Parks and Recreation. Existing law requires the task force to have certain duties and responsibilities including the responsibility of establishing and maintaining communication between tribes, museums, and local, state, and federal governmental agencies.   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.  This bill would  authorize the Governor to appoint a liaison with tribal governments and communities whose duties would include, in consultation with Native American tribes and tribal members, offering assistance with Native American language preservation.   require the Trustees of the California State University to establish, at the Humbolt State University campus, a Native American Linguistic Institute, with specified duties, to preserve Native American tribal languages.  The bill would establish the California Native American Language Preservation Fund in the State Treasury for the acceptance of private donations, to be  administered by the California State University and  made available upon appropriation by the Legislature, to facilitate statewide efforts to preserve Native American languages.  The provisions establishing the fund and duties of the liaison would become operative on the date that the Office of the Governor notifies the Secretary of State that the Governor has appointed a liaison.  The bill would also make various findings and declarations regarding Native American language preservation. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Chapter 1.78 (commencing with Section 5097.1000) is added to Division 5 of the Public Resources Code, to read: CHAPTER 1.78. NATIVE AMERICAN LANGUAGE PRESERVATION 5097.1000. The Legislature finds and declares all of the following:   SECTION 1.   Chapter 5.6 (commencing with Section 66360) is added to Part 40 of Division 5 of Title 3 of the Education Code, to read:  CHAPTER 5.6.  NATIVE AMERICAN LANGUAGE PRESERVATION   66360.   The Legislature finds and declares all of the following:  (a) California is the home to 109 federally recognized American Indian tribes, the largest number of tribal nations of any state in the United States. (b) There were over 80 distinct indigenous languages spoken in California prior to contact with European culture. (c) These languages represent as many as 23 distinct language families. (d) Language is a crucial part of culture and history, and is essential for the transmission of both to future generations. (e) The State of California recognizes that tribal nations and indigenous Californians are actively engaged in these language preservation and revitalization efforts. (f) In spite of these efforts, there are still many tribes whose languages face extinction as the  last-remaining   last remaining  tribal elders, who are fluent in these ancient languages, are dying each year. (g) Part of the reason for reduced fluency in Native American languages is the previous, express policies of the state that discouraged Native Americans from speaking and learning their languages. (h) The state must act to save the languages that face certain extinction before it is too late to preserve them. (i) The state supports native language preservation and recognizes that preservation and revitalization of indigenous California languages is of the utmost importance to the state's heritage.  (j) The Governor has expressed the intent to appoint a liaison within the executive branch to liaise with tribal governments and communities within California.   5097.1001.   66361.  For purposes of this chapter, the following definitions shall apply: (a) "Fund" means the California Native American Language Preservation Fund established pursuant to Section  5097.1003.   (b) "Liaison" means the person appointed by the Governor pursuant to Section 5097.1002.   5097.1002.     (a)     The Governor may appoint a liaison within the Executive branch to liaise with tribal governments and communities within California.   66363.   (b) "Institute" means the Native American Linguistic Institute established pursuant to Section 66362.   66362.   (a) By January 1, 2013, the Trustees of the California State University shall establish, at the Humbolt State University campus, a Native American Linguistic Institute, which shall consist of two employees, to preserve Native American tribal languages.  (b) The  liaison   institute  shall have the following duties: (1) In consultation with Native American tribes and tribal members, offer assistance with Native American language preservation. (2) Offer the tribes and tribal members, upon request, access to existing resources, such as recording devices and volunteer assistance from experts in language preservation, dictionary creation, and linguistics. (3) Encourage public and private  colleges and  universities in California to assist the  liaison   institute  for purposes of this chapter by, among other things, contacting experts in the field of Native American languages and seeking their participation. (4) Identify and give a priority to  Native American  tribes and native speakers whose languages are in the greatest danger of extinction, considering also those who do not have the resources necessary to undertake  language-preservation   language preservation  efforts. (c) (1) All works created for purposes of this section shall be the property of the  Native American  tribes from which they originate. (2) These works may be stored at the  California State Indian Museum   Humbolt State   University campus  , with the permission of the originating  Native American  tribe or tribal member.  5097.1003.   66363.  (a) The California Native American Language Preservation Fund is hereby established in the State Treasury. The fund shall be administered by the  liaison   California State University  . (b) Upon appropriation in the annual Budget Act, moneys in the fund shall be made available to the  liaison   institute  for expenditure to enable partnerships with stakeholders to facilitate statewide efforts to preserve Native American languages with an emphasis on languages facing extinction. (c) The Treasurer may accept private donations for deposit in the fund.  5097.1004. Except for subdivision (a) of Section 5097.1002, this chapter shall become operative on the date the Office of the Governor provides notice to the Secretary of State that the Governor has appointed a liaison as described in subdivision (a) of Section 5097.1002.