California 2021-2022 Regular Session

California Assembly Bill AB338 Compare Versions

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1-Assembly Bill No. 338 CHAPTER 280 An act to add Section 14634 to, and to repeal Section 13082 of, the Government Code, relating to the State Capitol. [ Approved by Governor September 24, 2021. Filed with Secretary of State September 24, 2021. ] LEGISLATIVE COUNSEL'S DIGESTAB 338, Ramos. State Capitol grounds.Existing law provides for various memorials and monuments on the grounds of the State Capitol. Existing law requires the Department of Finance, subject to the approval of the Capitol Building and Planning Commission, to acquire and do all acts necessary to erect and maintain a monument to Father Junpero Serra on the grounds of the State Capitol. Existing law requires the Department of General Services to maintain state buildings and grounds.This bill would delete the requirement relating to the monument to Father Junpero Serra. The bill would authorize tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, to plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol. The bill would require the tribal nations to submit the plan for the monument to the Joint Rules Committee for its review and approval. The bill would prohibit the tribal nations from beginning construction of the monument until the Joint Rules Committee approves and adopts the plan and the Joint Rules Committee and the Department of Finance determine that sufficient private funding is available to construct and maintain the monument. The bill would require the planning, construction, and maintenance of the monument to be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) California is home to the greatest number of Native Americans living in the United States, approximately 720,000 according to the 2010 United States Census. They are the first population to inhabit California.(b) The California Native American population consists of 109 tribes speaking up to 80 languages. They have fostered a rich and diverse cultural history that includes a long tradition of music, artisanship, and other contributions to Californias history.(c) Their history and contributions have been relatively ignored, written with great discrepancies and false mythologies. One of the greatest gaps between history and reality has been the retelling of the mission period in Native American history and the role of Franciscan friar Junpero Serra.(d) Notwithstanding the false or incomplete narrative of the benefit to Californias Native American population during the mission period, primary historical references and histories such as A Cross of Thorns: The Enslavement of Californias Indians by the Spanish Missions by the late journalist and historian Elias Castillo tell a more accurate and complete account of the period.(e) According to Castillo, the treatment of Native Americans was so horrific that, in 1530, the Spanish King Carlos I forbid enslavement in the New World and, seven years later, Pope Paul III issued an edict seeking to end the massacre and enslavement of Native Americans. Both the Kings order and the Popes edict were ignored.(f) Enslavement of both adults and children, mutilation, genocide, and assault on women were all part of the mission period initiated and overseen by Father Serra.(g) Therefore, it is critical that California address the incomplete telling of the history and contributions of Native Americans in this state and that the devastating impact of the mission period, and Father Serras role in that devastation, be recognized and acknowledged.SEC. 2. Section 13082 of the Government Code is repealed.SEC. 3. Section 14634 is added to the Government Code, to read:14634. (a) Tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, may plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol in accordance with this section.(b) The Department of General Services, in consultation with tribal nations in the Sacramento, California, region, shall do all of the following:(1) Review the preliminary design plans to identify potential maintenance concerns.(2) Ensure compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and other safety concerns.(3) Review and approve any documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for the work on the grounds of the State Capitol.(4) Review final construction documents to ensure that the documents comply with all applicable laws.(5) Prepare the right-of-entry permit outlining the final area of work, final construction documents, construction plans, the contractor hired to perform the work, insurance, bonding, provisions for damage to state property, and inspection requirements.(6) Prepare a maintenance agreement outlining the responsibility of tribal nations in the Sacramento, California, region for the long-term maintenance of the monument due to aging, vandalism, or relocation.(7) Inspect all construction performed pursuant to this section by the contractor selected by the tribal nations in the Sacramento, California, region pursuant to this section.(c) If the tribal nations in the Sacramento, California, region undertake responsibility for a monument pursuant to this section, they shall submit a plan for the monument to the Joint Rules Committee for its review and approval. The tribal nations shall not begin construction of the monument until both of the following have occurred:(1) The Joint Rules Committee has approved and adopted the plan for the monument.(2) The Joint Rules Committee and the Department of Finance have determined that sufficient private funding is available to construct and maintain the monument.(d) The planning, construction, and maintenance of the monument shall be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.
1+Enrolled August 27, 2021 Passed IN Senate August 23, 2021 Passed IN Assembly May 27, 2021 Amended IN Assembly April 22, 2021 Amended IN Assembly March 16, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 338Introduced by Assembly Member Ramos(Principal coauthors: Assembly Members Mathis and McCarty)(Principal coauthor: Senator Hertzberg)(Coauthors: Assembly Members Arambula, Carrillo, Cooper, Cristina Garcia, Eduardo Garcia, Lorena Gonzalez, Lee, Medina, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, and Ting)(Coauthors: Senators Allen and Limn)January 28, 2021 An act to add Section 14634 to, and to repeal Section 13082 of, the Government Code, relating to the State Capitol. LEGISLATIVE COUNSEL'S DIGESTAB 338, Ramos. State Capitol grounds.Existing law provides for various memorials and monuments on the grounds of the State Capitol. Existing law requires the Department of Finance, subject to the approval of the Capitol Building and Planning Commission, to acquire and do all acts necessary to erect and maintain a monument to Father Junpero Serra on the grounds of the State Capitol. Existing law requires the Department of General Services to maintain state buildings and grounds.This bill would delete the requirement relating to the monument to Father Junpero Serra. The bill would authorize tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, to plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol. The bill would require the tribal nations to submit the plan for the monument to the Joint Rules Committee for its review and approval. The bill would prohibit the tribal nations from beginning construction of the monument until the Joint Rules Committee approves and adopts the plan and the Joint Rules Committee and the Department of Finance determine that sufficient private funding is available to construct and maintain the monument. The bill would require the planning, construction, and maintenance of the monument to be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) California is home to the greatest number of Native Americans living in the United States, approximately 720,000 according to the 2010 United States Census. They are the first population to inhabit California.(b) The California Native American population consists of 109 tribes speaking up to 80 languages. They have fostered a rich and diverse cultural history that includes a long tradition of music, artisanship, and other contributions to Californias history.(c) Their history and contributions have been relatively ignored, written with great discrepancies and false mythologies. One of the greatest gaps between history and reality has been the retelling of the mission period in Native American history and the role of Franciscan friar Junpero Serra.(d) Notwithstanding the false or incomplete narrative of the benefit to Californias Native American population during the mission period, primary historical references and histories such as A Cross of Thorns: The Enslavement of Californias Indians by the Spanish Missions by the late journalist and historian Elias Castillo tell a more accurate and complete account of the period.(e) According to Castillo, the treatment of Native Americans was so horrific that, in 1530, the Spanish King Carlos I forbid enslavement in the New World and, seven years later, Pope Paul III issued an edict seeking to end the massacre and enslavement of Native Americans. Both the Kings order and the Popes edict were ignored.(f) Enslavement of both adults and children, mutilation, genocide, and assault on women were all part of the mission period initiated and overseen by Father Serra.(g) Therefore, it is critical that California address the incomplete telling of the history and contributions of Native Americans in this state and that the devastating impact of the mission period, and Father Serras role in that devastation, be recognized and acknowledged.SEC. 2. Section 13082 of the Government Code is repealed.SEC. 3. Section 14634 is added to the Government Code, to read:14634. (a) Tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, may plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol in accordance with this section.(b) The Department of General Services, in consultation with tribal nations in the Sacramento, California, region, shall do all of the following:(1) Review the preliminary design plans to identify potential maintenance concerns.(2) Ensure compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and other safety concerns.(3) Review and approve any documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for the work on the grounds of the State Capitol.(4) Review final construction documents to ensure that the documents comply with all applicable laws.(5) Prepare the right-of-entry permit outlining the final area of work, final construction documents, construction plans, the contractor hired to perform the work, insurance, bonding, provisions for damage to state property, and inspection requirements.(6) Prepare a maintenance agreement outlining the responsibility of tribal nations in the Sacramento, California, region for the long-term maintenance of the monument due to aging, vandalism, or relocation.(7) Inspect all construction performed pursuant to this section by the contractor selected by the tribal nations in the Sacramento, California, region pursuant to this section.(c) If the tribal nations in the Sacramento, California, region undertake responsibility for a monument pursuant to this section, they shall submit a plan for the monument to the Joint Rules Committee for its review and approval. The tribal nations shall not begin construction of the monument until both of the following have occurred:(1) The Joint Rules Committee has approved and adopted the plan for the monument.(2) The Joint Rules Committee and the Department of Finance have determined that sufficient private funding is available to construct and maintain the monument.(d) The planning, construction, and maintenance of the monument shall be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.
22
3- Assembly Bill No. 338 CHAPTER 280 An act to add Section 14634 to, and to repeal Section 13082 of, the Government Code, relating to the State Capitol. [ Approved by Governor September 24, 2021. Filed with Secretary of State September 24, 2021. ] LEGISLATIVE COUNSEL'S DIGESTAB 338, Ramos. State Capitol grounds.Existing law provides for various memorials and monuments on the grounds of the State Capitol. Existing law requires the Department of Finance, subject to the approval of the Capitol Building and Planning Commission, to acquire and do all acts necessary to erect and maintain a monument to Father Junpero Serra on the grounds of the State Capitol. Existing law requires the Department of General Services to maintain state buildings and grounds.This bill would delete the requirement relating to the monument to Father Junpero Serra. The bill would authorize tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, to plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol. The bill would require the tribal nations to submit the plan for the monument to the Joint Rules Committee for its review and approval. The bill would prohibit the tribal nations from beginning construction of the monument until the Joint Rules Committee approves and adopts the plan and the Joint Rules Committee and the Department of Finance determine that sufficient private funding is available to construct and maintain the monument. The bill would require the planning, construction, and maintenance of the monument to be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Enrolled August 27, 2021 Passed IN Senate August 23, 2021 Passed IN Assembly May 27, 2021 Amended IN Assembly April 22, 2021 Amended IN Assembly March 16, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 338Introduced by Assembly Member Ramos(Principal coauthors: Assembly Members Mathis and McCarty)(Principal coauthor: Senator Hertzberg)(Coauthors: Assembly Members Arambula, Carrillo, Cooper, Cristina Garcia, Eduardo Garcia, Lorena Gonzalez, Lee, Medina, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, and Ting)(Coauthors: Senators Allen and Limn)January 28, 2021 An act to add Section 14634 to, and to repeal Section 13082 of, the Government Code, relating to the State Capitol. LEGISLATIVE COUNSEL'S DIGESTAB 338, Ramos. State Capitol grounds.Existing law provides for various memorials and monuments on the grounds of the State Capitol. Existing law requires the Department of Finance, subject to the approval of the Capitol Building and Planning Commission, to acquire and do all acts necessary to erect and maintain a monument to Father Junpero Serra on the grounds of the State Capitol. Existing law requires the Department of General Services to maintain state buildings and grounds.This bill would delete the requirement relating to the monument to Father Junpero Serra. The bill would authorize tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, to plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol. The bill would require the tribal nations to submit the plan for the monument to the Joint Rules Committee for its review and approval. The bill would prohibit the tribal nations from beginning construction of the monument until the Joint Rules Committee approves and adopts the plan and the Joint Rules Committee and the Department of Finance determine that sufficient private funding is available to construct and maintain the monument. The bill would require the planning, construction, and maintenance of the monument to be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
44
5- Assembly Bill No. 338 CHAPTER 280
5+ Enrolled August 27, 2021 Passed IN Senate August 23, 2021 Passed IN Assembly May 27, 2021 Amended IN Assembly April 22, 2021 Amended IN Assembly March 16, 2021
66
7- Assembly Bill No. 338
7+Enrolled August 27, 2021
8+Passed IN Senate August 23, 2021
9+Passed IN Assembly May 27, 2021
10+Amended IN Assembly April 22, 2021
11+Amended IN Assembly March 16, 2021
812
9- CHAPTER 280
13+ CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
14+
15+ Assembly Bill
16+
17+No. 338
18+
19+Introduced by Assembly Member Ramos(Principal coauthors: Assembly Members Mathis and McCarty)(Principal coauthor: Senator Hertzberg)(Coauthors: Assembly Members Arambula, Carrillo, Cooper, Cristina Garcia, Eduardo Garcia, Lorena Gonzalez, Lee, Medina, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, and Ting)(Coauthors: Senators Allen and Limn)January 28, 2021
20+
21+Introduced by Assembly Member Ramos(Principal coauthors: Assembly Members Mathis and McCarty)(Principal coauthor: Senator Hertzberg)(Coauthors: Assembly Members Arambula, Carrillo, Cooper, Cristina Garcia, Eduardo Garcia, Lorena Gonzalez, Lee, Medina, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, and Ting)(Coauthors: Senators Allen and Limn)
22+January 28, 2021
1023
1124 An act to add Section 14634 to, and to repeal Section 13082 of, the Government Code, relating to the State Capitol.
12-
13- [ Approved by Governor September 24, 2021. Filed with Secretary of State September 24, 2021. ]
1425
1526 LEGISLATIVE COUNSEL'S DIGEST
1627
1728 ## LEGISLATIVE COUNSEL'S DIGEST
1829
1930 AB 338, Ramos. State Capitol grounds.
2031
2132 Existing law provides for various memorials and monuments on the grounds of the State Capitol. Existing law requires the Department of Finance, subject to the approval of the Capitol Building and Planning Commission, to acquire and do all acts necessary to erect and maintain a monument to Father Junpero Serra on the grounds of the State Capitol. Existing law requires the Department of General Services to maintain state buildings and grounds.This bill would delete the requirement relating to the monument to Father Junpero Serra. The bill would authorize tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, to plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol. The bill would require the tribal nations to submit the plan for the monument to the Joint Rules Committee for its review and approval. The bill would prohibit the tribal nations from beginning construction of the monument until the Joint Rules Committee approves and adopts the plan and the Joint Rules Committee and the Department of Finance determine that sufficient private funding is available to construct and maintain the monument. The bill would require the planning, construction, and maintenance of the monument to be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.
2233
2334 Existing law provides for various memorials and monuments on the grounds of the State Capitol. Existing law requires the Department of Finance, subject to the approval of the Capitol Building and Planning Commission, to acquire and do all acts necessary to erect and maintain a monument to Father Junpero Serra on the grounds of the State Capitol. Existing law requires the Department of General Services to maintain state buildings and grounds.
2435
2536 This bill would delete the requirement relating to the monument to Father Junpero Serra. The bill would authorize tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, to plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol. The bill would require the tribal nations to submit the plan for the monument to the Joint Rules Committee for its review and approval. The bill would prohibit the tribal nations from beginning construction of the monument until the Joint Rules Committee approves and adopts the plan and the Joint Rules Committee and the Department of Finance determine that sufficient private funding is available to construct and maintain the monument. The bill would require the planning, construction, and maintenance of the monument to be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.
2637
2738 ## Digest Key
2839
2940 ## Bill Text
3041
3142 The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) California is home to the greatest number of Native Americans living in the United States, approximately 720,000 according to the 2010 United States Census. They are the first population to inhabit California.(b) The California Native American population consists of 109 tribes speaking up to 80 languages. They have fostered a rich and diverse cultural history that includes a long tradition of music, artisanship, and other contributions to Californias history.(c) Their history and contributions have been relatively ignored, written with great discrepancies and false mythologies. One of the greatest gaps between history and reality has been the retelling of the mission period in Native American history and the role of Franciscan friar Junpero Serra.(d) Notwithstanding the false or incomplete narrative of the benefit to Californias Native American population during the mission period, primary historical references and histories such as A Cross of Thorns: The Enslavement of Californias Indians by the Spanish Missions by the late journalist and historian Elias Castillo tell a more accurate and complete account of the period.(e) According to Castillo, the treatment of Native Americans was so horrific that, in 1530, the Spanish King Carlos I forbid enslavement in the New World and, seven years later, Pope Paul III issued an edict seeking to end the massacre and enslavement of Native Americans. Both the Kings order and the Popes edict were ignored.(f) Enslavement of both adults and children, mutilation, genocide, and assault on women were all part of the mission period initiated and overseen by Father Serra.(g) Therefore, it is critical that California address the incomplete telling of the history and contributions of Native Americans in this state and that the devastating impact of the mission period, and Father Serras role in that devastation, be recognized and acknowledged.SEC. 2. Section 13082 of the Government Code is repealed.SEC. 3. Section 14634 is added to the Government Code, to read:14634. (a) Tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, may plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol in accordance with this section.(b) The Department of General Services, in consultation with tribal nations in the Sacramento, California, region, shall do all of the following:(1) Review the preliminary design plans to identify potential maintenance concerns.(2) Ensure compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and other safety concerns.(3) Review and approve any documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for the work on the grounds of the State Capitol.(4) Review final construction documents to ensure that the documents comply with all applicable laws.(5) Prepare the right-of-entry permit outlining the final area of work, final construction documents, construction plans, the contractor hired to perform the work, insurance, bonding, provisions for damage to state property, and inspection requirements.(6) Prepare a maintenance agreement outlining the responsibility of tribal nations in the Sacramento, California, region for the long-term maintenance of the monument due to aging, vandalism, or relocation.(7) Inspect all construction performed pursuant to this section by the contractor selected by the tribal nations in the Sacramento, California, region pursuant to this section.(c) If the tribal nations in the Sacramento, California, region undertake responsibility for a monument pursuant to this section, they shall submit a plan for the monument to the Joint Rules Committee for its review and approval. The tribal nations shall not begin construction of the monument until both of the following have occurred:(1) The Joint Rules Committee has approved and adopted the plan for the monument.(2) The Joint Rules Committee and the Department of Finance have determined that sufficient private funding is available to construct and maintain the monument.(d) The planning, construction, and maintenance of the monument shall be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.
3243
3344 The people of the State of California do enact as follows:
3445
3546 ## The people of the State of California do enact as follows:
3647
3748 SECTION 1. The Legislature finds and declares all of the following:(a) California is home to the greatest number of Native Americans living in the United States, approximately 720,000 according to the 2010 United States Census. They are the first population to inhabit California.(b) The California Native American population consists of 109 tribes speaking up to 80 languages. They have fostered a rich and diverse cultural history that includes a long tradition of music, artisanship, and other contributions to Californias history.(c) Their history and contributions have been relatively ignored, written with great discrepancies and false mythologies. One of the greatest gaps between history and reality has been the retelling of the mission period in Native American history and the role of Franciscan friar Junpero Serra.(d) Notwithstanding the false or incomplete narrative of the benefit to Californias Native American population during the mission period, primary historical references and histories such as A Cross of Thorns: The Enslavement of Californias Indians by the Spanish Missions by the late journalist and historian Elias Castillo tell a more accurate and complete account of the period.(e) According to Castillo, the treatment of Native Americans was so horrific that, in 1530, the Spanish King Carlos I forbid enslavement in the New World and, seven years later, Pope Paul III issued an edict seeking to end the massacre and enslavement of Native Americans. Both the Kings order and the Popes edict were ignored.(f) Enslavement of both adults and children, mutilation, genocide, and assault on women were all part of the mission period initiated and overseen by Father Serra.(g) Therefore, it is critical that California address the incomplete telling of the history and contributions of Native Americans in this state and that the devastating impact of the mission period, and Father Serras role in that devastation, be recognized and acknowledged.
3849
3950 SECTION 1. The Legislature finds and declares all of the following:(a) California is home to the greatest number of Native Americans living in the United States, approximately 720,000 according to the 2010 United States Census. They are the first population to inhabit California.(b) The California Native American population consists of 109 tribes speaking up to 80 languages. They have fostered a rich and diverse cultural history that includes a long tradition of music, artisanship, and other contributions to Californias history.(c) Their history and contributions have been relatively ignored, written with great discrepancies and false mythologies. One of the greatest gaps between history and reality has been the retelling of the mission period in Native American history and the role of Franciscan friar Junpero Serra.(d) Notwithstanding the false or incomplete narrative of the benefit to Californias Native American population during the mission period, primary historical references and histories such as A Cross of Thorns: The Enslavement of Californias Indians by the Spanish Missions by the late journalist and historian Elias Castillo tell a more accurate and complete account of the period.(e) According to Castillo, the treatment of Native Americans was so horrific that, in 1530, the Spanish King Carlos I forbid enslavement in the New World and, seven years later, Pope Paul III issued an edict seeking to end the massacre and enslavement of Native Americans. Both the Kings order and the Popes edict were ignored.(f) Enslavement of both adults and children, mutilation, genocide, and assault on women were all part of the mission period initiated and overseen by Father Serra.(g) Therefore, it is critical that California address the incomplete telling of the history and contributions of Native Americans in this state and that the devastating impact of the mission period, and Father Serras role in that devastation, be recognized and acknowledged.
4051
4152 SECTION 1. The Legislature finds and declares all of the following:
4253
4354 ### SECTION 1.
4455
4556 (a) California is home to the greatest number of Native Americans living in the United States, approximately 720,000 according to the 2010 United States Census. They are the first population to inhabit California.
4657
4758 (b) The California Native American population consists of 109 tribes speaking up to 80 languages. They have fostered a rich and diverse cultural history that includes a long tradition of music, artisanship, and other contributions to Californias history.
4859
4960 (c) Their history and contributions have been relatively ignored, written with great discrepancies and false mythologies. One of the greatest gaps between history and reality has been the retelling of the mission period in Native American history and the role of Franciscan friar Junpero Serra.
5061
5162 (d) Notwithstanding the false or incomplete narrative of the benefit to Californias Native American population during the mission period, primary historical references and histories such as A Cross of Thorns: The Enslavement of Californias Indians by the Spanish Missions by the late journalist and historian Elias Castillo tell a more accurate and complete account of the period.
5263
5364 (e) According to Castillo, the treatment of Native Americans was so horrific that, in 1530, the Spanish King Carlos I forbid enslavement in the New World and, seven years later, Pope Paul III issued an edict seeking to end the massacre and enslavement of Native Americans. Both the Kings order and the Popes edict were ignored.
5465
5566 (f) Enslavement of both adults and children, mutilation, genocide, and assault on women were all part of the mission period initiated and overseen by Father Serra.
5667
5768 (g) Therefore, it is critical that California address the incomplete telling of the history and contributions of Native Americans in this state and that the devastating impact of the mission period, and Father Serras role in that devastation, be recognized and acknowledged.
5869
5970 SEC. 2. Section 13082 of the Government Code is repealed.
6071
6172 SEC. 2. Section 13082 of the Government Code is repealed.
6273
6374 ### SEC. 2.
6475
6576
6677
6778 SEC. 3. Section 14634 is added to the Government Code, to read:14634. (a) Tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, may plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol in accordance with this section.(b) The Department of General Services, in consultation with tribal nations in the Sacramento, California, region, shall do all of the following:(1) Review the preliminary design plans to identify potential maintenance concerns.(2) Ensure compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and other safety concerns.(3) Review and approve any documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for the work on the grounds of the State Capitol.(4) Review final construction documents to ensure that the documents comply with all applicable laws.(5) Prepare the right-of-entry permit outlining the final area of work, final construction documents, construction plans, the contractor hired to perform the work, insurance, bonding, provisions for damage to state property, and inspection requirements.(6) Prepare a maintenance agreement outlining the responsibility of tribal nations in the Sacramento, California, region for the long-term maintenance of the monument due to aging, vandalism, or relocation.(7) Inspect all construction performed pursuant to this section by the contractor selected by the tribal nations in the Sacramento, California, region pursuant to this section.(c) If the tribal nations in the Sacramento, California, region undertake responsibility for a monument pursuant to this section, they shall submit a plan for the monument to the Joint Rules Committee for its review and approval. The tribal nations shall not begin construction of the monument until both of the following have occurred:(1) The Joint Rules Committee has approved and adopted the plan for the monument.(2) The Joint Rules Committee and the Department of Finance have determined that sufficient private funding is available to construct and maintain the monument.(d) The planning, construction, and maintenance of the monument shall be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.
6879
6980 SEC. 3. Section 14634 is added to the Government Code, to read:
7081
7182 ### SEC. 3.
7283
7384 14634. (a) Tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, may plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol in accordance with this section.(b) The Department of General Services, in consultation with tribal nations in the Sacramento, California, region, shall do all of the following:(1) Review the preliminary design plans to identify potential maintenance concerns.(2) Ensure compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and other safety concerns.(3) Review and approve any documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for the work on the grounds of the State Capitol.(4) Review final construction documents to ensure that the documents comply with all applicable laws.(5) Prepare the right-of-entry permit outlining the final area of work, final construction documents, construction plans, the contractor hired to perform the work, insurance, bonding, provisions for damage to state property, and inspection requirements.(6) Prepare a maintenance agreement outlining the responsibility of tribal nations in the Sacramento, California, region for the long-term maintenance of the monument due to aging, vandalism, or relocation.(7) Inspect all construction performed pursuant to this section by the contractor selected by the tribal nations in the Sacramento, California, region pursuant to this section.(c) If the tribal nations in the Sacramento, California, region undertake responsibility for a monument pursuant to this section, they shall submit a plan for the monument to the Joint Rules Committee for its review and approval. The tribal nations shall not begin construction of the monument until both of the following have occurred:(1) The Joint Rules Committee has approved and adopted the plan for the monument.(2) The Joint Rules Committee and the Department of Finance have determined that sufficient private funding is available to construct and maintain the monument.(d) The planning, construction, and maintenance of the monument shall be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.
7485
7586 14634. (a) Tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, may plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol in accordance with this section.(b) The Department of General Services, in consultation with tribal nations in the Sacramento, California, region, shall do all of the following:(1) Review the preliminary design plans to identify potential maintenance concerns.(2) Ensure compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and other safety concerns.(3) Review and approve any documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for the work on the grounds of the State Capitol.(4) Review final construction documents to ensure that the documents comply with all applicable laws.(5) Prepare the right-of-entry permit outlining the final area of work, final construction documents, construction plans, the contractor hired to perform the work, insurance, bonding, provisions for damage to state property, and inspection requirements.(6) Prepare a maintenance agreement outlining the responsibility of tribal nations in the Sacramento, California, region for the long-term maintenance of the monument due to aging, vandalism, or relocation.(7) Inspect all construction performed pursuant to this section by the contractor selected by the tribal nations in the Sacramento, California, region pursuant to this section.(c) If the tribal nations in the Sacramento, California, region undertake responsibility for a monument pursuant to this section, they shall submit a plan for the monument to the Joint Rules Committee for its review and approval. The tribal nations shall not begin construction of the monument until both of the following have occurred:(1) The Joint Rules Committee has approved and adopted the plan for the monument.(2) The Joint Rules Committee and the Department of Finance have determined that sufficient private funding is available to construct and maintain the monument.(d) The planning, construction, and maintenance of the monument shall be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.
7687
7788 14634. (a) Tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, may plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol in accordance with this section.(b) The Department of General Services, in consultation with tribal nations in the Sacramento, California, region, shall do all of the following:(1) Review the preliminary design plans to identify potential maintenance concerns.(2) Ensure compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and other safety concerns.(3) Review and approve any documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for the work on the grounds of the State Capitol.(4) Review final construction documents to ensure that the documents comply with all applicable laws.(5) Prepare the right-of-entry permit outlining the final area of work, final construction documents, construction plans, the contractor hired to perform the work, insurance, bonding, provisions for damage to state property, and inspection requirements.(6) Prepare a maintenance agreement outlining the responsibility of tribal nations in the Sacramento, California, region for the long-term maintenance of the monument due to aging, vandalism, or relocation.(7) Inspect all construction performed pursuant to this section by the contractor selected by the tribal nations in the Sacramento, California, region pursuant to this section.(c) If the tribal nations in the Sacramento, California, region undertake responsibility for a monument pursuant to this section, they shall submit a plan for the monument to the Joint Rules Committee for its review and approval. The tribal nations shall not begin construction of the monument until both of the following have occurred:(1) The Joint Rules Committee has approved and adopted the plan for the monument.(2) The Joint Rules Committee and the Department of Finance have determined that sufficient private funding is available to construct and maintain the monument.(d) The planning, construction, and maintenance of the monument shall be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.
7889
7990
8091
8192 14634. (a) Tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, may plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol in accordance with this section.
8293
8394 (b) The Department of General Services, in consultation with tribal nations in the Sacramento, California, region, shall do all of the following:
8495
8596 (1) Review the preliminary design plans to identify potential maintenance concerns.
8697
8798 (2) Ensure compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and other safety concerns.
8899
89100 (3) Review and approve any documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for the work on the grounds of the State Capitol.
90101
91102 (4) Review final construction documents to ensure that the documents comply with all applicable laws.
92103
93104 (5) Prepare the right-of-entry permit outlining the final area of work, final construction documents, construction plans, the contractor hired to perform the work, insurance, bonding, provisions for damage to state property, and inspection requirements.
94105
95106 (6) Prepare a maintenance agreement outlining the responsibility of tribal nations in the Sacramento, California, region for the long-term maintenance of the monument due to aging, vandalism, or relocation.
96107
97108 (7) Inspect all construction performed pursuant to this section by the contractor selected by the tribal nations in the Sacramento, California, region pursuant to this section.
98109
99110 (c) If the tribal nations in the Sacramento, California, region undertake responsibility for a monument pursuant to this section, they shall submit a plan for the monument to the Joint Rules Committee for its review and approval. The tribal nations shall not begin construction of the monument until both of the following have occurred:
100111
101112 (1) The Joint Rules Committee has approved and adopted the plan for the monument.
102113
103114 (2) The Joint Rules Committee and the Department of Finance have determined that sufficient private funding is available to construct and maintain the monument.
104115
105116 (d) The planning, construction, and maintenance of the monument shall be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.