California 2023-2024 Regular Session

California Assembly Bill AB226 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Assembly Bill No. ~~226 CHAPTER 639~~ An act to add Article 2.9 (commencing with Section 92618) to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code, and to amend Section 8028 of the Health and Safety Code, relating to the University of California. ~~[ Approved by Governor October 10, 2023. Filed with Secretary of State October 10, 2023. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 226, Ramos. 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.This bill would urge the University of California to, on or before June 30, 2024, and annually thereafter, report each University of California campuss progress towards completing repatriation pursuant to the California Native American Graves Protection and Repatriation Act of 2001. The bill would urge the office of the President of the University of California to provide available funding to sufficiently support those efforts. The bill would urge the University of California to prohibit use of any Native American human remains or cultural items for purposes of teaching or research at the University of California.Existing law requires the California State Auditor to conduct an audit commencing in the year 2019 and again in 2021 regarding the University of Californias compliance with the federal and California acts and to report its findings to the Legislature and all other appropriate entities.This bill would require the California State Auditor to additionally conduct an audit again in 2024 and 2026, and to also report its findings to the Native American Heritage Commission.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. Article 2.9 (commencing with Section 92618) is added to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code, to read: Article 2.9. California Native American Graves Protection and Repatriation Act Compliance92618. (a) As used in this article, the following definitions apply:(1) Act means the California Native American Graves Protection and Repatriation Act of 2001 established pursuant to Chapter 5 (commencing with Section 8010) of Part 2 of Division 7 of the Health and Safety Code.(2) Institution means a campus of the University of California.(b) On or before June 30, 2024, and annually thereafter, the University of California is strongly urged to report each institutions progress towards completing repatriation pursuant to the act.(c) The office of the President of the University of California is strongly urged to provide available funding to sufficiently support each institutions efforts towards completing repatriation pursuant to the act.(d) The University of California is strongly urged to prohibit use of any Native American human remains or cultural items for purposes of teaching or research at the University of California.SEC. 2. Section 8028 of the Health and Safety Code is amended to read:8028. The California State Auditor, in accordance with Chapter 6.5 (commencing with Section 8543) of Division 1 of Title 2 of the Government Code, shall conduct an audit commencing in the year 2019 and in 2021, and again in 2024 and 2026 regarding the University of Californias compliance with the federal Native American Graves Protection Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter. The State Auditor shall report its findings to the Legislature, the Native American Heritage Commission, and all other appropriate entities.
	1	+	Enrolled September 18, 2023 Passed IN Senate September 13, 2023 Passed IN Assembly September 14, 2023 Amended IN Senate September 01, 2023 Amended IN Assembly March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 226Introduced by Assembly Members Ramos and Cervantes(Coauthors: Assembly Members Addis, Arambula, Mike Fong, Ortega, and Ta)January 11, 2023 An act to add Article 2.9 (commencing with Section 92618) to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code, and to amend Section 8028 of the Health and Safety Code, relating to the University of California. LEGISLATIVE COUNSEL'S DIGESTAB 226, Ramos. 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.This bill would urge the University of California to, on or before June 30, 2024, and annually thereafter, report each University of California campuss progress towards completing repatriation pursuant to the California Native American Graves Protection and Repatriation Act of 2001. The bill would urge the office of the President of the University of California to provide available funding to sufficiently support those efforts. The bill would urge the University of California to prohibit use of any Native American human remains or cultural items for purposes of teaching or research at the University of California.Existing law requires the California State Auditor to conduct an audit commencing in the year 2019 and again in 2021 regarding the University of Californias compliance with the federal and California acts and to report its findings to the Legislature and all other appropriate entities.This bill would require the California State Auditor to additionally conduct an audit again in 2024 and 2026, and to also report its findings to the Native American Heritage Commission.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. Article 2.9 (commencing with Section 92618) is added to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code, to read: Article 2.9. California Native American Graves Protection and Repatriation Act Compliance92618. (a) As used in this article, the following definitions apply:(1) Act means the California Native American Graves Protection and Repatriation Act of 2001 established pursuant to Chapter 5 (commencing with Section 8010) of Part 2 of Division 7 of the Health and Safety Code.(2) Institution means a campus of the University of California.(b) On or before June 30, 2024, and annually thereafter, the University of California is strongly urged to report each institutions progress towards completing repatriation pursuant to the act.(c) The office of the President of the University of California is strongly urged to provide available funding to sufficiently support each institutions efforts towards completing repatriation pursuant to the act.(d) The University of California is strongly urged to prohibit use of any Native American human remains or cultural items for purposes of teaching or research at the University of California.SEC. 2. Section 8028 of the Health and Safety Code is amended to read:8028. The California State Auditor, in accordance with Chapter 6.5 (commencing with Section 8543) of Division 1 of Title 2 of the Government Code, shall conduct an audit commencing in the year 2019 and in 2021, and again in 2024 and 2026 regarding the University of Californias compliance with the federal Native American Graves Protection Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter. The State Auditor shall report its findings to the Legislature, the Native American Heritage Commission, and all other appropriate entities.
2	2
3		-	Assembly Bill No. ~~226 CHAPTER 639~~ An act to add Article 2.9 (commencing with Section 92618) to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code, and to amend Section 8028 of the Health and Safety Code, relating to the University of California. ~~[ Approved by Governor October 10, 2023. Filed with Secretary of State October 10, 2023. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 226, Ramos. 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.This bill would urge the University of California to, on or before June 30, 2024, and annually thereafter, report each University of California campuss progress towards completing repatriation pursuant to the California Native American Graves Protection and Repatriation Act of 2001. The bill would urge the office of the President of the University of California to provide available funding to sufficiently support those efforts. The bill would urge the University of California to prohibit use of any Native American human remains or cultural items for purposes of teaching or research at the University of California.Existing law requires the California State Auditor to conduct an audit commencing in the year 2019 and again in 2021 regarding the University of Californias compliance with the federal and California acts and to report its findings to the Legislature and all other appropriate entities.This bill would require the California State Auditor to additionally conduct an audit again in 2024 and 2026, and to also report its findings to the Native American Heritage Commission.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
	3	+	Enrolled September 18, 2023 Passed IN Senate September 13, 2023 Passed IN Assembly September 14, 2023 Amended IN Senate September 01, 2023 Amended IN Assembly March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 226Introduced by Assembly Members Ramos and Cervantes(Coauthors: Assembly Members Addis, Arambula, Mike Fong, Ortega, and Ta)January 11, 2023 An act to add Article 2.9 (commencing with Section 92618) to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code, and to amend Section 8028 of the Health and Safety Code, relating to the University of California. LEGISLATIVE COUNSEL'S DIGESTAB 226, Ramos. 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.This bill would urge the University of California to, on or before June 30, 2024, and annually thereafter, report each University of California campuss progress towards completing repatriation pursuant to the California Native American Graves Protection and Repatriation Act of 2001. The bill would urge the office of the President of the University of California to provide available funding to sufficiently support those efforts. The bill would urge the University of California to prohibit use of any Native American human remains or cultural items for purposes of teaching or research at the University of California.Existing law requires the California State Auditor to conduct an audit commencing in the year 2019 and again in 2021 regarding the University of Californias compliance with the federal and California acts and to report its findings to the Legislature and all other appropriate entities.This bill would require the California State Auditor to additionally conduct an audit again in 2024 and 2026, and to also report its findings to the Native American Heritage Commission.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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5		-	Assembly ~~Bill No.~~ ~~226 CHAPTER 639~~
	5	+	Enrolled September 18, 2023 Passed IN Senate September 13, 2023 Passed IN Assembly September 14, 2023 Amended IN Senate September 01, 2023 Amended IN Assembly March 20, 2023
6	6
7		-	Assembly Bill No. 226
	7	+	Enrolled September 18, 2023
	8	+	Passed IN Senate September 13, 2023
	9	+	Passed IN Assembly September 14, 2023
	10	+	Amended IN Senate September 01, 2023
	11	+	Amended IN Assembly March 20, 2023
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9		-	CHAPTER 639
	13	+	CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
	14	+
	15	+	Assembly Bill
	16	+
	17	+	No. 226
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	19	+	Introduced by Assembly Members Ramos and Cervantes(Coauthors: Assembly Members Addis, Arambula, Mike Fong, Ortega, and Ta)January 11, 2023
	20	+
	21	+	Introduced by Assembly Members Ramos and Cervantes(Coauthors: Assembly Members Addis, Arambula, Mike Fong, Ortega, and Ta)
	22	+	January 11, 2023
10	23
11	24		An act to add Article 2.9 (commencing with Section 92618) to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code, and to amend Section 8028 of the Health and Safety Code, relating to the University of California.
12		-
13		-	[ Approved by Governor October 10, 2023. Filed with Secretary of State October 10, 2023. ]
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15	26		LEGISLATIVE COUNSEL'S DIGEST
16	27
17	28		## LEGISLATIVE COUNSEL'S DIGEST
18	29
19	30		AB 226, Ramos. University of California: California Native American Graves Protection and Repatriation Act of 2001.
20	31
21	32		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.This bill would urge the University of California to, on or before June 30, 2024, and annually thereafter, report each University of California campuss progress towards completing repatriation pursuant to the California Native American Graves Protection and Repatriation Act of 2001. The bill would urge the office of the President of the University of California to provide available funding to sufficiently support those efforts. The bill would urge the University of California to prohibit use of any Native American human remains or cultural items for purposes of teaching or research at the University of California.Existing law requires the California State Auditor to conduct an audit commencing in the year 2019 and again in 2021 regarding the University of Californias compliance with the federal and California acts and to report its findings to the Legislature and all other appropriate entities.This bill would require the California State Auditor to additionally conduct an audit again in 2024 and 2026, and to also report its findings to the Native American Heritage Commission.
22	33
23	34		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.
24	35
25	36		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.
26	37
27	38		This bill would urge the University of California to, on or before June 30, 2024, and annually thereafter, report each University of California campuss progress towards completing repatriation pursuant to the California Native American Graves Protection and Repatriation Act of 2001. The bill would urge the office of the President of the University of California to provide available funding to sufficiently support those efforts. The bill would urge the University of California to prohibit use of any Native American human remains or cultural items for purposes of teaching or research at the University of California.
28	39
29	40		Existing law requires the California State Auditor to conduct an audit commencing in the year 2019 and again in 2021 regarding the University of Californias compliance with the federal and California acts and to report its findings to the Legislature and all other appropriate entities.
30	41
31	42		This bill would require the California State Auditor to additionally conduct an audit again in 2024 and 2026, and to also report its findings to the Native American Heritage Commission.
32	43
33	44		## Digest Key
34	45
35	46		## Bill Text
36	47
37	48		The people of the State of California do enact as follows:SECTION 1. Article 2.9 (commencing with Section 92618) is added to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code, to read: Article 2.9. California Native American Graves Protection and Repatriation Act Compliance92618. (a) As used in this article, the following definitions apply:(1) Act means the California Native American Graves Protection and Repatriation Act of 2001 established pursuant to Chapter 5 (commencing with Section 8010) of Part 2 of Division 7 of the Health and Safety Code.(2) Institution means a campus of the University of California.(b) On or before June 30, 2024, and annually thereafter, the University of California is strongly urged to report each institutions progress towards completing repatriation pursuant to the act.(c) The office of the President of the University of California is strongly urged to provide available funding to sufficiently support each institutions efforts towards completing repatriation pursuant to the act.(d) The University of California is strongly urged to prohibit use of any Native American human remains or cultural items for purposes of teaching or research at the University of California.SEC. 2. Section 8028 of the Health and Safety Code is amended to read:8028. The California State Auditor, in accordance with Chapter 6.5 (commencing with Section 8543) of Division 1 of Title 2 of the Government Code, shall conduct an audit commencing in the year 2019 and in 2021, and again in 2024 and 2026 regarding the University of Californias compliance with the federal Native American Graves Protection Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter. The State Auditor shall report its findings to the Legislature, the Native American Heritage Commission, and all other appropriate entities.
38	49
39	50		The people of the State of California do enact as follows:
40	51
41	52		## The people of the State of California do enact as follows:
42	53
43	54		SECTION 1. Article 2.9 (commencing with Section 92618) is added to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code, to read: Article 2.9. California Native American Graves Protection and Repatriation Act Compliance92618. (a) As used in this article, the following definitions apply:(1) Act means the California Native American Graves Protection and Repatriation Act of 2001 established pursuant to Chapter 5 (commencing with Section 8010) of Part 2 of Division 7 of the Health and Safety Code.(2) Institution means a campus of the University of California.(b) On or before June 30, 2024, and annually thereafter, the University of California is strongly urged to report each institutions progress towards completing repatriation pursuant to the act.(c) The office of the President of the University of California is strongly urged to provide available funding to sufficiently support each institutions efforts towards completing repatriation pursuant to the act.(d) The University of California is strongly urged to prohibit use of any Native American human remains or cultural items for purposes of teaching or research at the University of California.
44	55
45	56		SECTION 1. Article 2.9 (commencing with Section 92618) is added to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code, to read:
46	57
47	58		### SECTION 1.
48	59
49	60		Article 2.9. California Native American Graves Protection and Repatriation Act Compliance92618. (a) As used in this article, the following definitions apply:(1) Act means the California Native American Graves Protection and Repatriation Act of 2001 established pursuant to Chapter 5 (commencing with Section 8010) of Part 2 of Division 7 of the Health and Safety Code.(2) Institution means a campus of the University of California.(b) On or before June 30, 2024, and annually thereafter, the University of California is strongly urged to report each institutions progress towards completing repatriation pursuant to the act.(c) The office of the President of the University of California is strongly urged to provide available funding to sufficiently support each institutions efforts towards completing repatriation pursuant to the act.(d) The University of California is strongly urged to prohibit use of any Native American human remains or cultural items for purposes of teaching or research at the University of California.
50	61
51	62		Article 2.9. California Native American Graves Protection and Repatriation Act Compliance92618. (a) As used in this article, the following definitions apply:(1) Act means the California Native American Graves Protection and Repatriation Act of 2001 established pursuant to Chapter 5 (commencing with Section 8010) of Part 2 of Division 7 of the Health and Safety Code.(2) Institution means a campus of the University of California.(b) On or before June 30, 2024, and annually thereafter, the University of California is strongly urged to report each institutions progress towards completing repatriation pursuant to the act.(c) The office of the President of the University of California is strongly urged to provide available funding to sufficiently support each institutions efforts towards completing repatriation pursuant to the act.(d) The University of California is strongly urged to prohibit use of any Native American human remains or cultural items for purposes of teaching or research at the University of California.
52	63
53	64		Article 2.9. California Native American Graves Protection and Repatriation Act Compliance
54	65
55	66		Article 2.9. California Native American Graves Protection and Repatriation Act Compliance
56	67
57	68		92618. (a) As used in this article, the following definitions apply:(1) Act means the California Native American Graves Protection and Repatriation Act of 2001 established pursuant to Chapter 5 (commencing with Section 8010) of Part 2 of Division 7 of the Health and Safety Code.(2) Institution means a campus of the University of California.(b) On or before June 30, 2024, and annually thereafter, the University of California is strongly urged to report each institutions progress towards completing repatriation pursuant to the act.(c) The office of the President of the University of California is strongly urged to provide available funding to sufficiently support each institutions efforts towards completing repatriation pursuant to the act.(d) The University of California is strongly urged to prohibit use of any Native American human remains or cultural items for purposes of teaching or research at the University of California.
58	69
59	70
60	71
61	72		92618. (a) As used in this article, the following definitions apply:
62	73
63	74		(1) Act means the California Native American Graves Protection and Repatriation Act of 2001 established pursuant to Chapter 5 (commencing with Section 8010) of Part 2 of Division 7 of the Health and Safety Code.
64	75
65	76		(2) Institution means a campus of the University of California.
66	77
67	78		(b) On or before June 30, 2024, and annually thereafter, the University of California is strongly urged to report each institutions progress towards completing repatriation pursuant to the act.
68	79
69	80		(c) The office of the President of the University of California is strongly urged to provide available funding to sufficiently support each institutions efforts towards completing repatriation pursuant to the act.
70	81
71	82		(d) The University of California is strongly urged to prohibit use of any Native American human remains or cultural items for purposes of teaching or research at the University of California.
72	83
73	84		SEC. 2. Section 8028 of the Health and Safety Code is amended to read:8028. The California State Auditor, in accordance with Chapter 6.5 (commencing with Section 8543) of Division 1 of Title 2 of the Government Code, shall conduct an audit commencing in the year 2019 and in 2021, and again in 2024 and 2026 regarding the University of Californias compliance with the federal Native American Graves Protection Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter. The State Auditor shall report its findings to the Legislature, the Native American Heritage Commission, and all other appropriate entities.
74	85
75	86		SEC. 2. Section 8028 of the Health and Safety Code is amended to read:
76	87
77	88		### SEC. 2.
78	89
79	90		8028. The California State Auditor, in accordance with Chapter 6.5 (commencing with Section 8543) of Division 1 of Title 2 of the Government Code, shall conduct an audit commencing in the year 2019 and in 2021, and again in 2024 and 2026 regarding the University of Californias compliance with the federal Native American Graves Protection Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter. The State Auditor shall report its findings to the Legislature, the Native American Heritage Commission, and all other appropriate entities.
80	91
81	92		8028. The California State Auditor, in accordance with Chapter 6.5 (commencing with Section 8543) of Division 1 of Title 2 of the Government Code, shall conduct an audit commencing in the year 2019 and in 2021, and again in 2024 and 2026 regarding the University of Californias compliance with the federal Native American Graves Protection Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter. The State Auditor shall report its findings to the Legislature, the Native American Heritage Commission, and all other appropriate entities.
82	93
83	94		8028. The California State Auditor, in accordance with Chapter 6.5 (commencing with Section 8543) of Division 1 of Title 2 of the Government Code, shall conduct an audit commencing in the year 2019 and in 2021, and again in 2024 and 2026 regarding the University of Californias compliance with the federal Native American Graves Protection Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter. The State Auditor shall report its findings to the Legislature, the Native American Heritage Commission, and all other appropriate entities.
84	95
85	96
86	97
87	98		8028. The California State Auditor, in accordance with Chapter 6.5 (commencing with Section 8543) of Division 1 of Title 2 of the Government Code, shall conduct an audit commencing in the year 2019 and in 2021, and again in 2024 and 2026 regarding the University of Californias compliance with the federal Native American Graves Protection Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter. The State Auditor shall report its findings to the Legislature, the Native American Heritage Commission, and all other appropriate entities.