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California Senate Bill SB518

California 2025-2026 Regular Session

California Senate Bill SB518 Compare Versions

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1-Amended IN Senate April 10, 2025 Amended IN Senate April 07, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 518Introduced by Senator Weber Pierson(Coauthors: Senators Richardson and Smallwood-Cuevas)(Coauthors: Assembly Members Bonta, Bryan, Elhawary, Gipson, Jackson, McKinnor, Ransom, Sharp-Collins, and Wilson)February 19, 2025An act to amend Section 15002.5 of, and to add Chapter 4 (commencing with Section 15210) to Part 6 of Division 3 of Title 2 of, the Government Code, relating to state government. LEGISLATIVE COUNSEL'S DIGESTSB 518, as amended, Weber Pierson. Descendants of enslaved persons: reparations.Former law, until July 1, 2023, established the Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States (Task Force).Former law required the Task Force, among other things, to identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the United States and the colonies, as specified, and to recommend the form of compensation that should be awarded, the instrumentalities through which it should be awarded, and who should be eligible for this compensation. This bill would establish the Bureau for Descendants of American Slavery within the Department of Justice, under the control of the director, who would be appointed by the Attorney General and confirmed by the Senate. The bill would require the bureau, as part of its duties, to determine how an individuals status as a descendant would be confirmed. The bill would also require proof of an individuals descendant status to be a qualifying criterion for benefits authorized by the state for descendants. To accomplish these goals, the bill would require the bureau to be comprised of a Genealogy Division, a Property Reclamation Division, an Education and Outreach Division, and a Legal Affairs Division. The bill would, upon appropriation, impose specified duties on the Property Reclamation Division to accept, review, and investigate applications, to determine whether an applicant is a dispossessed owner, and, if so, to determine whether and what type of property or just compensation is warranted, as defined and specified. In this regard, the bill would require a local entity, upon a determination that issuing property or just compensation is warranted, to recommend publicly held properties suitable as compensation and to provide compensation in accordance with the divisions determination. By imposing new duties on local entities, this bill would impose a state-mandated local program.This bill would include findings and declarations relating to a gift of public funds.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 15002.5 of the Government Code is amended to read:15002.5. Except as provided in Chapter 4 (commencing with Section 15210), the Attorney General may arrange and classify the work of the Department of Justice, and consolidate, abolish, or create divisions, bureaus, branches, sections, or units within the department. Any statutory or other reference to the Office of the Attorney General, the State Bureau of Criminal Identification and Investigation, the Division of Law Enforcement, or the Bureau of Gambling Control shall be construed to refer to the division, bureau, branch, section, or unit within the department which is performing the functions referred to; and no such function shall be abolished without express statutory authority.SEC. 2. Chapter 4 (commencing with Section 15210) is added to Part 6 of Division 3 of Title 2 of the Government Code, to read: CHAPTER 4. Bureau for Descendants of American Slavery Article 1. General15210. (a) It is the intent of the Legislature in establishing the bureau to establish an initial framework and it is the intent of the Legislature that the scope and responsibilities of the bureau may expand as necessary to fulfill its mission and address additional harms as identified.(b) It is the intent of the Legislature that, as the bureau expands its scope in the future, it shall also advise on reparative remedies for the African American community to address the lasting harms of disenfranchisement, segregation, discrimination, exclusion neglect, violence, and the persistent consequences of this legacy.15211. For purposes of this chapter:(a) Bureau means the Bureau for Descendants of American Slavery.(b) Descendants means descendants of an African American chattel enslaved person in the United States, or descendants of a free Black person living in the United States prior to the end of the 19th century.(c) Director means the Director of the Bureau for Descendants of American Slavery.(d) Racially motivated eminent domain means when the state, county, city, city and county, district, or other political subdivision of the state acquires private property for public use and does not distribute just compensation to the owner at the time of the acquisition, and the acquisition or the failure to provide just compensation was due, in whole or in part, to the owners ethnicity or race.15212. (a) Notwithstanding Section 15002.5, the Bureau for Descendants of American Slavery is hereby established within the Department of Justice. The bureau shall be under the direct control of a director who shall be responsible to the Attorney General.(b) The director shall be appointed by the Attorney General and confirmed by the Senate, and shall perform all duties, exercise all powers, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the bureau.(c) The salary of the director shall be fixed pursuant to Section 12502.(d) The bureau shall establish a mission statement consistent with the recommendations from the former Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States.15213. As part of its duties, the bureau shall determine how an individuals status as a descendant shall be confirmed. Proof of an individuals descendent status shall be a qualifying criterion for benefits authorized by the state for descendants. To accomplish these goals, the bureau shall include all of the following divisions:(a) A Genealogy Division to do all of the following:(1) Establish a process to certify descendants of American slaves.(2) Create a method for eligible individuals to submit claims and receive compensation or restitution for those particular harms California inflicted upon the claimant or their family.(3) Establish an equitable alternative qualifying criterion for benefits for descendants authorized by the state in cases where an individuals status as a descendant cannot be confirmed or proven.(b) A Property Reclamation Division to do all of the following:(1) Research and document California state properties acquired as a result of racially-motivated eminent domain, including properties that no longer exist due to state highway construction or other development.(2) Create a database of property ownership in the state identifying properties acquired through racially motivated eminent domain or other discriminatory government action.(3) Review and investigate public complaints from people who claim their property was taken without just compensation. compensation, pursuant to Article 2 (commencing with Section 15215).(4) Upon appropriation, distribute just compensation for the fair market value, adjusted for property price appreciation, of the property at the time of the taking. taking, pursuant to Article 2 (commencing with Section 15215).(5) Address cases where individuals experienced harm due to the policies and practices of state and local agencies.(c) An Education and Outreach Division to develop and implement a public education campaign regarding the cycle of gentrification, displacement, and exclusion; the connection between redlining and gentrification; and the history of discriminatory urban planning in California.(d) A Legal Affairs Division to do all of the following:(1) Provide legal advice, counsel, and services to the bureau and its officials.(2) Ensure that the bureaus programs are administered in accordance with applicable legislative authority.(3) Advise the head of the bureau on legislative, legal, and regulatory initiatives.(4) Serve as an external liaison on legal matters with other state agencies and other entities.(5) Conduct a review of past and current laws, as well as proposed legislation, to determine whether those measures have caused, are causing, or may continue to cause harm. The division shall provide recommendations to mitigate or eliminate any harm identified in its review. Article 2. Property Reclamation Division15215. (a) The Legislature finds and declares that it is in the public interest to compensate victims of racially motivated eminent domain, which deprived citizens of just compensation for their property due to racially discriminatory motives. The unjust taking of land without fair compensation destroyed communities, forced many from their historical neighborhoods, deprived those persons of the fair value of their property, and, in many cases, prevented the accumulation of generational wealth. Providing compensation to these victims of racial discrimination will restore the value of wrongfully taken property to dispossessed owners and hold government entities responsible for those wrongful discriminatory acts.(b) This article shall govern the procedure by which dispossessed owners and their descendants may seek a determination that they were the victims of racially motivated eminent domain and seek the return of the taken property, other property of equal value, or financial compensation.15216. For purposes of this article, the following definitions apply:(a) Dispossessed owner means a person who has had property taken from them as a result of racially motivated eminent domain or a direct descendant of the person whose property was taken.(b) Publicly held property means property that is owned by the state or by the local agency that took possession of the property that is the subject of an application submitted pursuant to this article.15217. Upon appropriation by the Legislature, the Property Reclamation Division within the Bureau for Descendants of American Slavery shall do all of the following:(a) Accept applications from persons who claim they are the dispossessed owner.(b) (1) Review and investigate applications submitted under subdivision (a).(2) As part of its review, the division may request submission of additional information supporting the application that is reasonably necessary to verify the application, determine whether the applicant is a dispossessed owner, including determining whether the taking was racially motivated. If the division makes a request for additional documentation, it shall communicate that request to the applicant with a notice of the additional information required. The division shall consider any additional information provided by the applicant within 30 days of receipt.(c) After reviewing all of the relevant materials, determine whether the applicant is a dispossessed owner.(d) If the division determines that an applicant has established that they are a dispossessed owner pursuant to subdivision (c), the division shall determine both of the following:(1) The present day fair market value of the property that was taken as a result of racially motivated eminent domain.(2) Whether issuing property or just compensation to that dispossessed owner would serve to redress past acts of racial discrimination, prevent future acts of racial discrimination, and benefit the whole of the community and its general welfare.(e) If the division determines that issuing property or just compensation to the dispossessed owner is warranted pursuant to paragraph (2) of subdivision (d), the division shall certify that the dispossessed owner is entitled to one of the following:(1) If the taken property is still in the possession of the public entity that took the property, the return of the taken property.(2) If the taken property is no longer in the possession of the public entity that took the property, the division shall solicit from the state or local entity, as applicable, a list of recommendations of publicly held properties that are suitable as compensation and select a publicly held property as compensation.(3) If the taken property is no longer in the possession of the public entity that took the property and no publicly held property is suitable as compensation, financial compensation equal to the fair market value determined pursuant to paragraph (1) of subdivision (d).(f) If the division determines that an applicant is not a dispossessed owner or that issuing property or just compensation is not warranted, the division shall notify the applicant of its finding. The applicant may appeal the determination within 60 days of receiving the notice and provide additional information to support their claim. The division shall consider the appeal and any new information provided and issue a determination on the appeal within 120 days.15218. (a) If the state or local entity that took property by racially motivated eminent domain does not provide compensation in accordance with the divisions certification in subdivision (e) of Section 15217, the dispossessed owner may bring a claim for compensation under the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1).(b) A claim brought pursuant to this section shall not be subject to the statute of limitations, whether the action is brought before or after the enactment of this article.15219. (a) This article does not disturb or invalidate the title of any property taken by racially motivated eminent domain except against the state or local jurisdiction as set forth in this article.(b) Every finding, decision, determination, or other official act of the bureau is subject to judicial review in accordance with existing law.SEC. 3. The Legislature finds and declares that the addition of Chapter 4 (commencing with Section 15210) to Part 6 of Division 3 of Title 2 of the Government Code by this act serves a public purpose and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution by redressing past acts of racial discrimination, preventing future acts of racial discrimination, and benefitting the whole of the community and its general welfare.SEC. 4. 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.
1+Amended IN Senate April 07, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 518Introduced by Senator Weber Pierson(Coauthors: Senators Richardson and Smallwood-Cuevas)(Coauthors: Assembly Members Bonta, Bryan, Elhawary, Gipson, Jackson, McKinnor, Ransom, Sharp-Collins, and Wilson)February 19, 2025An act to amend Section 11041 of, and to add Part 15 (commencing with Section 16000) to amend Section 15002.5 of, and to add Chapter 4 (commencing with Section 15210) to Part 6 of Division 3 of Title 2 of, the Government Code, relating to state government. LEGISLATIVE COUNSEL'S DIGESTSB 518, as amended, Weber Pierson. Descendants of enslaved persons: reparations.Former law, until July 1, 2023, established the Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States (Task Force).Former law required the Task Force, among other things, to identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the United States and the colonies, as specified, and to recommend the form of compensation that should be awarded, the instrumentalities through which it should be awarded, and who should be eligible for this compensation. This bill would establish the Bureau for Descendants of American Slavery within state government, the Department of Justice, under the control of the director, who would be appointed by the Governor Attorney General and confirmed by the Senate. The bill would require the bureau, as part of its duties, to determine how an individuals status as a descendant would be confirmed. The bill would also require proof of an individuals descendant status to be a qualifying criterion for benefits authorized by the state for descendants. To accomplish these goals, the bill would require the bureau to be comprised of a Genealogy Division, a Property Reclamation Division, an Education and Outreach Division, and a Legal Affairs Division. Existing law prohibits a state agency, with certain exceptions, from employing any in-house counsel to act on behalf of the state agency or its employees in any judicial or administrative adjudicative proceeding in which the agency is interested, or is a party as a result of office or official duties, or contracting with outside counsel for any purpose.This bill would exempt the bureau from those prohibitions.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.Section 11041 of the Government Code is amended to read:11041.(a)Section 11042 does not apply to the Regents of the University of California, the Trustees of the California State University, Legal Division of the Department of Transportation, Division of Labor Standards Enforcement of the Department of Industrial Relations, Workers Compensation Appeals Board, Public Utilities Commission, State Compensation Insurance Fund, Legislative Counsel Bureau, Inheritance Tax Department, Secretary of State, State Lands Commission, Alcoholic Beverage Control Appeals Board (except when the board affirms the decision of the Department of Alcoholic Beverage Control), Department of Cannabis Control (except in proceedings in state or federal court), State Department of Education, Department of Financial Protection and Innovation, Bureau for Descendants of American Slavery, and Treasurer with respect to bonds, nor to any other state agency which, by law enacted after Chapter 213 of the Statutes of 1933, is authorized to employ legal counsel.(b)The Trustees of the California State University shall pay the cost of employing legal counsel from their existing resources.SEC. 2.Part 15 (commencing with Section 16000) is added to Division 3 of Title 2 of the Government Code, to read:15.Bureau for Descendants of American Slavery1.DefinitionsSECTION 1. Section 15002.5 of the Government Code is amended to read:15002.5. The Except as provided in Chapter 4 (commencing with Section 15210), the Attorney General may arrange and classify the work of the Department of Justice, and consolidate, abolish, or create divisions, bureaus, branches, sections, or units within the department. Any statutory or other reference to the Office of the Attorney General, the State Bureau of Criminal Identification and Investigation, the Division of Law Enforcement, or the Bureau of Gambling Control shall be construed to refer to the division, bureau, branch, section, or unit within the department which is performing the functions referred to; and no such function shall be abolished without express statutory authority.SEC. 2. Chapter 4 (commencing with Section 15210) is added to Part 6 of Division 3 of Title 2 of the Government Code, to read: CHAPTER 4. Bureau for Descendants of American Slavery15210. (a) It is the intent of the Legislature in establishing the bureau to establish an initial framework and it is the intent of the Legislature that the scope and responsibilities of the bureau may expand as necessary to fulfill its mission and address additional harms as identified.(b) It is the intent of the Legislature that, as the bureau expands its scope in the future, it shall also advise on reparative remedies for the African American community to address the lasting harms of disenfranchisement, segregation, discrimination, exclusion neglect, violence, and the persistent consequences of this legacy.16000.15211. For purposes of this part: chapter:(a) Bureau means the Bureau for Descendants of American Slavery.(b) Descendants means descendants of an African American chattel enslaved person in the United States, or descendants of a free Black person living in the United States prior to the end of the 19th century.(c) Director means the Director of the Bureau for Descendants of American Slavery.(d) Racially motivated eminent domain means when the state, county, city, city and county, district, or other political subdivision of the state acquires private property for public use and does not distribute just compensation to the owner at the time of the acquisition, and the acquisition or the failure to provide just compensation was due, in whole or in part, to the owners ethnicity or race. 2. General 16001.15212. (a) The Notwithstanding Section 15002.5, the Bureau for Descendants of American Slavery is hereby established within state government. the Department of Justice. The bureau shall be under the direct control of a director who shall be responsible to the Governor. Attorney General.(b) The director shall be appointed by the Governor Attorney General and confirmed by the Senate, and shall perform all duties, exercise all powers, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the bureau.(c) The salary of the director shall be fixed pursuant to Section 12001. 12502.(d) The bureau shall establish a mission statement consistent with the recommendations from the former Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States. 3. Powers and Duties 16002.15213. As part of its duties, the bureau shall determine how an individuals status as a descendant shall be confirmed. Proof of an individuals descendent status shall be a qualifying criteria criterion for benefits authorized by the state for descendants. To accomplish these goals, the bureau shall include all of the following divisions:(a) A Genealogy Division to do both all of the following:(1) Establish a process to certify descendants of American slaves.(2) Create a method for eligible individuals to submit claims and receive compensation or restitution for those particular harms California inflicted upon the claimant or their family.(3) Establish an equitable alternative qualifying criterion for benefits for descendants authorized by the state in cases where an individuals status as a descendant cannot be confirmed or proven.(b) A Property Reclamation Division to do all of the following:(1)Create a database of property ownership in the state.(2)(1) Research and document California state properties acquired as a result of racially-motivated eminent domain, including properties that no longer exist due to state highway construction or other development.(2) Create a database of property ownership in the state identifying properties acquired through racially motivated eminent domain or other discriminatory government action.(3) Review and investigate public complaints from people who claim their property was taken without just compensation.(4) Upon appropriation, distribute just compensation for the fair market value, adjusted for property price appreciation, of the property at the time of the taking.(5) Address cases where individuals experienced harm due to the policies and practices of state and local agencies.(c) An Education and Outreach Division to develop and implement a public education campaign regarding the cycle of gentrification, displacement, and exclusion; the connection between redlining and gentrification; and the history of discriminatory urban planning in California.(d) A Legal Affairs Division to provide do all of the following:(1) Provide legal advice, counsel, and services to the bureau and its officials, and to ensure officials.(2) Ensure that the bureaus programs are administered in accordance with applicable legislative authority. The division shall also advise(3) Advise the head of the bureau on legislative, legal, and regulatory initiatives and serve initiatives.(4) Serve as an external liaison on legal matters with other state agencies and other entities.(5) Conduct a review of past and current laws, as well as proposed legislation, to determine whether those measures have caused, are causing, or may continue to cause harm. The division shall provide recommendations to mitigate or eliminate any harm identified in its review.
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3- Amended IN Senate April 10, 2025 Amended IN Senate April 07, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 518Introduced by Senator Weber Pierson(Coauthors: Senators Richardson and Smallwood-Cuevas)(Coauthors: Assembly Members Bonta, Bryan, Elhawary, Gipson, Jackson, McKinnor, Ransom, Sharp-Collins, and Wilson)February 19, 2025An act to amend Section 15002.5 of, and to add Chapter 4 (commencing with Section 15210) to Part 6 of Division 3 of Title 2 of, the Government Code, relating to state government. LEGISLATIVE COUNSEL'S DIGESTSB 518, as amended, Weber Pierson. Descendants of enslaved persons: reparations.Former law, until July 1, 2023, established the Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States (Task Force).Former law required the Task Force, among other things, to identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the United States and the colonies, as specified, and to recommend the form of compensation that should be awarded, the instrumentalities through which it should be awarded, and who should be eligible for this compensation. This bill would establish the Bureau for Descendants of American Slavery within the Department of Justice, under the control of the director, who would be appointed by the Attorney General and confirmed by the Senate. The bill would require the bureau, as part of its duties, to determine how an individuals status as a descendant would be confirmed. The bill would also require proof of an individuals descendant status to be a qualifying criterion for benefits authorized by the state for descendants. To accomplish these goals, the bill would require the bureau to be comprised of a Genealogy Division, a Property Reclamation Division, an Education and Outreach Division, and a Legal Affairs Division. The bill would, upon appropriation, impose specified duties on the Property Reclamation Division to accept, review, and investigate applications, to determine whether an applicant is a dispossessed owner, and, if so, to determine whether and what type of property or just compensation is warranted, as defined and specified. In this regard, the bill would require a local entity, upon a determination that issuing property or just compensation is warranted, to recommend publicly held properties suitable as compensation and to provide compensation in accordance with the divisions determination. By imposing new duties on local entities, this bill would impose a state-mandated local program.This bill would include findings and declarations relating to a gift of public funds.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES
3+ Amended IN Senate April 07, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 518Introduced by Senator Weber Pierson(Coauthors: Senators Richardson and Smallwood-Cuevas)(Coauthors: Assembly Members Bonta, Bryan, Elhawary, Gipson, Jackson, McKinnor, Ransom, Sharp-Collins, and Wilson)February 19, 2025An act to amend Section 11041 of, and to add Part 15 (commencing with Section 16000) to amend Section 15002.5 of, and to add Chapter 4 (commencing with Section 15210) to Part 6 of Division 3 of Title 2 of, the Government Code, relating to state government. LEGISLATIVE COUNSEL'S DIGESTSB 518, as amended, Weber Pierson. Descendants of enslaved persons: reparations.Former law, until July 1, 2023, established the Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States (Task Force).Former law required the Task Force, among other things, to identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the United States and the colonies, as specified, and to recommend the form of compensation that should be awarded, the instrumentalities through which it should be awarded, and who should be eligible for this compensation. This bill would establish the Bureau for Descendants of American Slavery within state government, the Department of Justice, under the control of the director, who would be appointed by the Governor Attorney General and confirmed by the Senate. The bill would require the bureau, as part of its duties, to determine how an individuals status as a descendant would be confirmed. The bill would also require proof of an individuals descendant status to be a qualifying criterion for benefits authorized by the state for descendants. To accomplish these goals, the bill would require the bureau to be comprised of a Genealogy Division, a Property Reclamation Division, an Education and Outreach Division, and a Legal Affairs Division. Existing law prohibits a state agency, with certain exceptions, from employing any in-house counsel to act on behalf of the state agency or its employees in any judicial or administrative adjudicative proceeding in which the agency is interested, or is a party as a result of office or official duties, or contracting with outside counsel for any purpose.This bill would exempt the bureau from those prohibitions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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5- Amended IN Senate April 10, 2025 Amended IN Senate April 07, 2025
5+ Amended IN Senate April 07, 2025
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7-Amended IN Senate April 10, 2025
87 Amended IN Senate April 07, 2025
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109 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
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1211 Senate Bill
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1413 No. 518
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1615 Introduced by Senator Weber Pierson(Coauthors: Senators Richardson and Smallwood-Cuevas)(Coauthors: Assembly Members Bonta, Bryan, Elhawary, Gipson, Jackson, McKinnor, Ransom, Sharp-Collins, and Wilson)February 19, 2025
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1817 Introduced by Senator Weber Pierson(Coauthors: Senators Richardson and Smallwood-Cuevas)(Coauthors: Assembly Members Bonta, Bryan, Elhawary, Gipson, Jackson, McKinnor, Ransom, Sharp-Collins, and Wilson)
1918 February 19, 2025
2019
21-An act to amend Section 15002.5 of, and to add Chapter 4 (commencing with Section 15210) to Part 6 of Division 3 of Title 2 of, the Government Code, relating to state government.
20+An act to amend Section 11041 of, and to add Part 15 (commencing with Section 16000) to amend Section 15002.5 of, and to add Chapter 4 (commencing with Section 15210) to Part 6 of Division 3 of Title 2 of, the Government Code, relating to state government.
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2322 LEGISLATIVE COUNSEL'S DIGEST
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2524 ## LEGISLATIVE COUNSEL'S DIGEST
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2726 SB 518, as amended, Weber Pierson. Descendants of enslaved persons: reparations.
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29-Former law, until July 1, 2023, established the Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States (Task Force).Former law required the Task Force, among other things, to identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the United States and the colonies, as specified, and to recommend the form of compensation that should be awarded, the instrumentalities through which it should be awarded, and who should be eligible for this compensation. This bill would establish the Bureau for Descendants of American Slavery within the Department of Justice, under the control of the director, who would be appointed by the Attorney General and confirmed by the Senate. The bill would require the bureau, as part of its duties, to determine how an individuals status as a descendant would be confirmed. The bill would also require proof of an individuals descendant status to be a qualifying criterion for benefits authorized by the state for descendants. To accomplish these goals, the bill would require the bureau to be comprised of a Genealogy Division, a Property Reclamation Division, an Education and Outreach Division, and a Legal Affairs Division. The bill would, upon appropriation, impose specified duties on the Property Reclamation Division to accept, review, and investigate applications, to determine whether an applicant is a dispossessed owner, and, if so, to determine whether and what type of property or just compensation is warranted, as defined and specified. In this regard, the bill would require a local entity, upon a determination that issuing property or just compensation is warranted, to recommend publicly held properties suitable as compensation and to provide compensation in accordance with the divisions determination. By imposing new duties on local entities, this bill would impose a state-mandated local program.This bill would include findings and declarations relating to a gift of public funds.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.
28+Former law, until July 1, 2023, established the Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States (Task Force).Former law required the Task Force, among other things, to identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the United States and the colonies, as specified, and to recommend the form of compensation that should be awarded, the instrumentalities through which it should be awarded, and who should be eligible for this compensation. This bill would establish the Bureau for Descendants of American Slavery within state government, the Department of Justice, under the control of the director, who would be appointed by the Governor Attorney General and confirmed by the Senate. The bill would require the bureau, as part of its duties, to determine how an individuals status as a descendant would be confirmed. The bill would also require proof of an individuals descendant status to be a qualifying criterion for benefits authorized by the state for descendants. To accomplish these goals, the bill would require the bureau to be comprised of a Genealogy Division, a Property Reclamation Division, an Education and Outreach Division, and a Legal Affairs Division. Existing law prohibits a state agency, with certain exceptions, from employing any in-house counsel to act on behalf of the state agency or its employees in any judicial or administrative adjudicative proceeding in which the agency is interested, or is a party as a result of office or official duties, or contracting with outside counsel for any purpose.This bill would exempt the bureau from those prohibitions.
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3130 Former law, until July 1, 2023, established the Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States (Task Force).
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3332 Former law required the Task Force, among other things, to identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the United States and the colonies, as specified, and to recommend the form of compensation that should be awarded, the instrumentalities through which it should be awarded, and who should be eligible for this compensation.
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35-This bill would establish the Bureau for Descendants of American Slavery within the Department of Justice, under the control of the director, who would be appointed by the Attorney General and confirmed by the Senate. The bill would require the bureau, as part of its duties, to determine how an individuals status as a descendant would be confirmed. The bill would also require proof of an individuals descendant status to be a qualifying criterion for benefits authorized by the state for descendants. To accomplish these goals, the bill would require the bureau to be comprised of a Genealogy Division, a Property Reclamation Division, an Education and Outreach Division, and a Legal Affairs Division. The bill would, upon appropriation, impose specified duties on the Property Reclamation Division to accept, review, and investigate applications, to determine whether an applicant is a dispossessed owner, and, if so, to determine whether and what type of property or just compensation is warranted, as defined and specified. In this regard, the bill would require a local entity, upon a determination that issuing property or just compensation is warranted, to recommend publicly held properties suitable as compensation and to provide compensation in accordance with the divisions determination. By imposing new duties on local entities, this bill would impose a state-mandated local program.
34+This bill would establish the Bureau for Descendants of American Slavery within state government, the Department of Justice, under the control of the director, who would be appointed by the Governor Attorney General and confirmed by the Senate. The bill would require the bureau, as part of its duties, to determine how an individuals status as a descendant would be confirmed. The bill would also require proof of an individuals descendant status to be a qualifying criterion for benefits authorized by the state for descendants. To accomplish these goals, the bill would require the bureau to be comprised of a Genealogy Division, a Property Reclamation Division, an Education and Outreach Division, and a Legal Affairs Division.
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37-This bill would include findings and declarations relating to a gift of public funds.
36+Existing law prohibits a state agency, with certain exceptions, from employing any in-house counsel to act on behalf of the state agency or its employees in any judicial or administrative adjudicative proceeding in which the agency is interested, or is a party as a result of office or official duties, or contracting with outside counsel for any purpose.
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39-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.
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41-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.
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40+This bill would exempt the bureau from those prohibitions.
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47-The people of the State of California do enact as follows:SECTION 1. Section 15002.5 of the Government Code is amended to read:15002.5. Except as provided in Chapter 4 (commencing with Section 15210), the Attorney General may arrange and classify the work of the Department of Justice, and consolidate, abolish, or create divisions, bureaus, branches, sections, or units within the department. Any statutory or other reference to the Office of the Attorney General, the State Bureau of Criminal Identification and Investigation, the Division of Law Enforcement, or the Bureau of Gambling Control shall be construed to refer to the division, bureau, branch, section, or unit within the department which is performing the functions referred to; and no such function shall be abolished without express statutory authority.SEC. 2. Chapter 4 (commencing with Section 15210) is added to Part 6 of Division 3 of Title 2 of the Government Code, to read: CHAPTER 4. Bureau for Descendants of American Slavery Article 1. General15210. (a) It is the intent of the Legislature in establishing the bureau to establish an initial framework and it is the intent of the Legislature that the scope and responsibilities of the bureau may expand as necessary to fulfill its mission and address additional harms as identified.(b) It is the intent of the Legislature that, as the bureau expands its scope in the future, it shall also advise on reparative remedies for the African American community to address the lasting harms of disenfranchisement, segregation, discrimination, exclusion neglect, violence, and the persistent consequences of this legacy.15211. For purposes of this chapter:(a) Bureau means the Bureau for Descendants of American Slavery.(b) Descendants means descendants of an African American chattel enslaved person in the United States, or descendants of a free Black person living in the United States prior to the end of the 19th century.(c) Director means the Director of the Bureau for Descendants of American Slavery.(d) Racially motivated eminent domain means when the state, county, city, city and county, district, or other political subdivision of the state acquires private property for public use and does not distribute just compensation to the owner at the time of the acquisition, and the acquisition or the failure to provide just compensation was due, in whole or in part, to the owners ethnicity or race.15212. (a) Notwithstanding Section 15002.5, the Bureau for Descendants of American Slavery is hereby established within the Department of Justice. The bureau shall be under the direct control of a director who shall be responsible to the Attorney General.(b) The director shall be appointed by the Attorney General and confirmed by the Senate, and shall perform all duties, exercise all powers, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the bureau.(c) The salary of the director shall be fixed pursuant to Section 12502.(d) The bureau shall establish a mission statement consistent with the recommendations from the former Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States.15213. As part of its duties, the bureau shall determine how an individuals status as a descendant shall be confirmed. Proof of an individuals descendent status shall be a qualifying criterion for benefits authorized by the state for descendants. To accomplish these goals, the bureau shall include all of the following divisions:(a) A Genealogy Division to do all of the following:(1) Establish a process to certify descendants of American slaves.(2) Create a method for eligible individuals to submit claims and receive compensation or restitution for those particular harms California inflicted upon the claimant or their family.(3) Establish an equitable alternative qualifying criterion for benefits for descendants authorized by the state in cases where an individuals status as a descendant cannot be confirmed or proven.(b) A Property Reclamation Division to do all of the following:(1) Research and document California state properties acquired as a result of racially-motivated eminent domain, including properties that no longer exist due to state highway construction or other development.(2) Create a database of property ownership in the state identifying properties acquired through racially motivated eminent domain or other discriminatory government action.(3) Review and investigate public complaints from people who claim their property was taken without just compensation. compensation, pursuant to Article 2 (commencing with Section 15215).(4) Upon appropriation, distribute just compensation for the fair market value, adjusted for property price appreciation, of the property at the time of the taking. taking, pursuant to Article 2 (commencing with Section 15215).(5) Address cases where individuals experienced harm due to the policies and practices of state and local agencies.(c) An Education and Outreach Division to develop and implement a public education campaign regarding the cycle of gentrification, displacement, and exclusion; the connection between redlining and gentrification; and the history of discriminatory urban planning in California.(d) A Legal Affairs Division to do all of the following:(1) Provide legal advice, counsel, and services to the bureau and its officials.(2) Ensure that the bureaus programs are administered in accordance with applicable legislative authority.(3) Advise the head of the bureau on legislative, legal, and regulatory initiatives.(4) Serve as an external liaison on legal matters with other state agencies and other entities.(5) Conduct a review of past and current laws, as well as proposed legislation, to determine whether those measures have caused, are causing, or may continue to cause harm. The division shall provide recommendations to mitigate or eliminate any harm identified in its review. Article 2. Property Reclamation Division15215. (a) The Legislature finds and declares that it is in the public interest to compensate victims of racially motivated eminent domain, which deprived citizens of just compensation for their property due to racially discriminatory motives. The unjust taking of land without fair compensation destroyed communities, forced many from their historical neighborhoods, deprived those persons of the fair value of their property, and, in many cases, prevented the accumulation of generational wealth. Providing compensation to these victims of racial discrimination will restore the value of wrongfully taken property to dispossessed owners and hold government entities responsible for those wrongful discriminatory acts.(b) This article shall govern the procedure by which dispossessed owners and their descendants may seek a determination that they were the victims of racially motivated eminent domain and seek the return of the taken property, other property of equal value, or financial compensation.15216. For purposes of this article, the following definitions apply:(a) Dispossessed owner means a person who has had property taken from them as a result of racially motivated eminent domain or a direct descendant of the person whose property was taken.(b) Publicly held property means property that is owned by the state or by the local agency that took possession of the property that is the subject of an application submitted pursuant to this article.15217. Upon appropriation by the Legislature, the Property Reclamation Division within the Bureau for Descendants of American Slavery shall do all of the following:(a) Accept applications from persons who claim they are the dispossessed owner.(b) (1) Review and investigate applications submitted under subdivision (a).(2) As part of its review, the division may request submission of additional information supporting the application that is reasonably necessary to verify the application, determine whether the applicant is a dispossessed owner, including determining whether the taking was racially motivated. If the division makes a request for additional documentation, it shall communicate that request to the applicant with a notice of the additional information required. The division shall consider any additional information provided by the applicant within 30 days of receipt.(c) After reviewing all of the relevant materials, determine whether the applicant is a dispossessed owner.(d) If the division determines that an applicant has established that they are a dispossessed owner pursuant to subdivision (c), the division shall determine both of the following:(1) The present day fair market value of the property that was taken as a result of racially motivated eminent domain.(2) Whether issuing property or just compensation to that dispossessed owner would serve to redress past acts of racial discrimination, prevent future acts of racial discrimination, and benefit the whole of the community and its general welfare.(e) If the division determines that issuing property or just compensation to the dispossessed owner is warranted pursuant to paragraph (2) of subdivision (d), the division shall certify that the dispossessed owner is entitled to one of the following:(1) If the taken property is still in the possession of the public entity that took the property, the return of the taken property.(2) If the taken property is no longer in the possession of the public entity that took the property, the division shall solicit from the state or local entity, as applicable, a list of recommendations of publicly held properties that are suitable as compensation and select a publicly held property as compensation.(3) If the taken property is no longer in the possession of the public entity that took the property and no publicly held property is suitable as compensation, financial compensation equal to the fair market value determined pursuant to paragraph (1) of subdivision (d).(f) If the division determines that an applicant is not a dispossessed owner or that issuing property or just compensation is not warranted, the division shall notify the applicant of its finding. The applicant may appeal the determination within 60 days of receiving the notice and provide additional information to support their claim. The division shall consider the appeal and any new information provided and issue a determination on the appeal within 120 days.15218. (a) If the state or local entity that took property by racially motivated eminent domain does not provide compensation in accordance with the divisions certification in subdivision (e) of Section 15217, the dispossessed owner may bring a claim for compensation under the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1).(b) A claim brought pursuant to this section shall not be subject to the statute of limitations, whether the action is brought before or after the enactment of this article.15219. (a) This article does not disturb or invalidate the title of any property taken by racially motivated eminent domain except against the state or local jurisdiction as set forth in this article.(b) Every finding, decision, determination, or other official act of the bureau is subject to judicial review in accordance with existing law.SEC. 3. The Legislature finds and declares that the addition of Chapter 4 (commencing with Section 15210) to Part 6 of Division 3 of Title 2 of the Government Code by this act serves a public purpose and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution by redressing past acts of racial discrimination, preventing future acts of racial discrimination, and benefitting the whole of the community and its general welfare.SEC. 4. 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.
48+The people of the State of California do enact as follows:SECTION 1.Section 11041 of the Government Code is amended to read:11041.(a)Section 11042 does not apply to the Regents of the University of California, the Trustees of the California State University, Legal Division of the Department of Transportation, Division of Labor Standards Enforcement of the Department of Industrial Relations, Workers Compensation Appeals Board, Public Utilities Commission, State Compensation Insurance Fund, Legislative Counsel Bureau, Inheritance Tax Department, Secretary of State, State Lands Commission, Alcoholic Beverage Control Appeals Board (except when the board affirms the decision of the Department of Alcoholic Beverage Control), Department of Cannabis Control (except in proceedings in state or federal court), State Department of Education, Department of Financial Protection and Innovation, Bureau for Descendants of American Slavery, and Treasurer with respect to bonds, nor to any other state agency which, by law enacted after Chapter 213 of the Statutes of 1933, is authorized to employ legal counsel.(b)The Trustees of the California State University shall pay the cost of employing legal counsel from their existing resources.SEC. 2.Part 15 (commencing with Section 16000) is added to Division 3 of Title 2 of the Government Code, to read:15.Bureau for Descendants of American Slavery1.DefinitionsSECTION 1. Section 15002.5 of the Government Code is amended to read:15002.5. The Except as provided in Chapter 4 (commencing with Section 15210), the Attorney General may arrange and classify the work of the Department of Justice, and consolidate, abolish, or create divisions, bureaus, branches, sections, or units within the department. Any statutory or other reference to the Office of the Attorney General, the State Bureau of Criminal Identification and Investigation, the Division of Law Enforcement, or the Bureau of Gambling Control shall be construed to refer to the division, bureau, branch, section, or unit within the department which is performing the functions referred to; and no such function shall be abolished without express statutory authority.SEC. 2. Chapter 4 (commencing with Section 15210) is added to Part 6 of Division 3 of Title 2 of the Government Code, to read: CHAPTER 4. Bureau for Descendants of American Slavery15210. (a) It is the intent of the Legislature in establishing the bureau to establish an initial framework and it is the intent of the Legislature that the scope and responsibilities of the bureau may expand as necessary to fulfill its mission and address additional harms as identified.(b) It is the intent of the Legislature that, as the bureau expands its scope in the future, it shall also advise on reparative remedies for the African American community to address the lasting harms of disenfranchisement, segregation, discrimination, exclusion neglect, violence, and the persistent consequences of this legacy.16000.15211. For purposes of this part: chapter:(a) Bureau means the Bureau for Descendants of American Slavery.(b) Descendants means descendants of an African American chattel enslaved person in the United States, or descendants of a free Black person living in the United States prior to the end of the 19th century.(c) Director means the Director of the Bureau for Descendants of American Slavery.(d) Racially motivated eminent domain means when the state, county, city, city and county, district, or other political subdivision of the state acquires private property for public use and does not distribute just compensation to the owner at the time of the acquisition, and the acquisition or the failure to provide just compensation was due, in whole or in part, to the owners ethnicity or race. 2. General 16001.15212. (a) The Notwithstanding Section 15002.5, the Bureau for Descendants of American Slavery is hereby established within state government. the Department of Justice. The bureau shall be under the direct control of a director who shall be responsible to the Governor. Attorney General.(b) The director shall be appointed by the Governor Attorney General and confirmed by the Senate, and shall perform all duties, exercise all powers, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the bureau.(c) The salary of the director shall be fixed pursuant to Section 12001. 12502.(d) The bureau shall establish a mission statement consistent with the recommendations from the former Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States. 3. Powers and Duties 16002.15213. As part of its duties, the bureau shall determine how an individuals status as a descendant shall be confirmed. Proof of an individuals descendent status shall be a qualifying criteria criterion for benefits authorized by the state for descendants. To accomplish these goals, the bureau shall include all of the following divisions:(a) A Genealogy Division to do both all of the following:(1) Establish a process to certify descendants of American slaves.(2) Create a method for eligible individuals to submit claims and receive compensation or restitution for those particular harms California inflicted upon the claimant or their family.(3) Establish an equitable alternative qualifying criterion for benefits for descendants authorized by the state in cases where an individuals status as a descendant cannot be confirmed or proven.(b) A Property Reclamation Division to do all of the following:(1)Create a database of property ownership in the state.(2)(1) Research and document California state properties acquired as a result of racially-motivated eminent domain, including properties that no longer exist due to state highway construction or other development.(2) Create a database of property ownership in the state identifying properties acquired through racially motivated eminent domain or other discriminatory government action.(3) Review and investigate public complaints from people who claim their property was taken without just compensation.(4) Upon appropriation, distribute just compensation for the fair market value, adjusted for property price appreciation, of the property at the time of the taking.(5) Address cases where individuals experienced harm due to the policies and practices of state and local agencies.(c) An Education and Outreach Division to develop and implement a public education campaign regarding the cycle of gentrification, displacement, and exclusion; the connection between redlining and gentrification; and the history of discriminatory urban planning in California.(d) A Legal Affairs Division to provide do all of the following:(1) Provide legal advice, counsel, and services to the bureau and its officials, and to ensure officials.(2) Ensure that the bureaus programs are administered in accordance with applicable legislative authority. The division shall also advise(3) Advise the head of the bureau on legislative, legal, and regulatory initiatives and serve initiatives.(4) Serve as an external liaison on legal matters with other state agencies and other entities.(5) Conduct a review of past and current laws, as well as proposed legislation, to determine whether those measures have caused, are causing, or may continue to cause harm. The division shall provide recommendations to mitigate or eliminate any harm identified in its review.
4849
4950 The people of the State of California do enact as follows:
5051
5152 ## The people of the State of California do enact as follows:
5253
53-SECTION 1. Section 15002.5 of the Government Code is amended to read:15002.5. Except as provided in Chapter 4 (commencing with Section 15210), the Attorney General may arrange and classify the work of the Department of Justice, and consolidate, abolish, or create divisions, bureaus, branches, sections, or units within the department. Any statutory or other reference to the Office of the Attorney General, the State Bureau of Criminal Identification and Investigation, the Division of Law Enforcement, or the Bureau of Gambling Control shall be construed to refer to the division, bureau, branch, section, or unit within the department which is performing the functions referred to; and no such function shall be abolished without express statutory authority.
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58+(a)Section 11042 does not apply to the Regents of the University of California, the Trustees of the California State University, Legal Division of the Department of Transportation, Division of Labor Standards Enforcement of the Department of Industrial Relations, Workers Compensation Appeals Board, Public Utilities Commission, State Compensation Insurance Fund, Legislative Counsel Bureau, Inheritance Tax Department, Secretary of State, State Lands Commission, Alcoholic Beverage Control Appeals Board (except when the board affirms the decision of the Department of Alcoholic Beverage Control), Department of Cannabis Control (except in proceedings in state or federal court), State Department of Education, Department of Financial Protection and Innovation, Bureau for Descendants of American Slavery, and Treasurer with respect to bonds, nor to any other state agency which, by law enacted after Chapter 213 of the Statutes of 1933, is authorized to employ legal counsel.
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62+(b)The Trustees of the California State University shall pay the cost of employing legal counsel from their existing resources.
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72+SECTION 1. Section 15002.5 of the Government Code is amended to read:15002.5. The Except as provided in Chapter 4 (commencing with Section 15210), the Attorney General may arrange and classify the work of the Department of Justice, and consolidate, abolish, or create divisions, bureaus, branches, sections, or units within the department. Any statutory or other reference to the Office of the Attorney General, the State Bureau of Criminal Identification and Investigation, the Division of Law Enforcement, or the Bureau of Gambling Control shall be construed to refer to the division, bureau, branch, section, or unit within the department which is performing the functions referred to; and no such function shall be abolished without express statutory authority.
5473
5574 SECTION 1. Section 15002.5 of the Government Code is amended to read:
5675
5776 ### SECTION 1.
5877
59-15002.5. Except as provided in Chapter 4 (commencing with Section 15210), the Attorney General may arrange and classify the work of the Department of Justice, and consolidate, abolish, or create divisions, bureaus, branches, sections, or units within the department. Any statutory or other reference to the Office of the Attorney General, the State Bureau of Criminal Identification and Investigation, the Division of Law Enforcement, or the Bureau of Gambling Control shall be construed to refer to the division, bureau, branch, section, or unit within the department which is performing the functions referred to; and no such function shall be abolished without express statutory authority.
78+15002.5. The Except as provided in Chapter 4 (commencing with Section 15210), the Attorney General may arrange and classify the work of the Department of Justice, and consolidate, abolish, or create divisions, bureaus, branches, sections, or units within the department. Any statutory or other reference to the Office of the Attorney General, the State Bureau of Criminal Identification and Investigation, the Division of Law Enforcement, or the Bureau of Gambling Control shall be construed to refer to the division, bureau, branch, section, or unit within the department which is performing the functions referred to; and no such function shall be abolished without express statutory authority.
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61-15002.5. Except as provided in Chapter 4 (commencing with Section 15210), the Attorney General may arrange and classify the work of the Department of Justice, and consolidate, abolish, or create divisions, bureaus, branches, sections, or units within the department. Any statutory or other reference to the Office of the Attorney General, the State Bureau of Criminal Identification and Investigation, the Division of Law Enforcement, or the Bureau of Gambling Control shall be construed to refer to the division, bureau, branch, section, or unit within the department which is performing the functions referred to; and no such function shall be abolished without express statutory authority.
80+15002.5. The Except as provided in Chapter 4 (commencing with Section 15210), the Attorney General may arrange and classify the work of the Department of Justice, and consolidate, abolish, or create divisions, bureaus, branches, sections, or units within the department. Any statutory or other reference to the Office of the Attorney General, the State Bureau of Criminal Identification and Investigation, the Division of Law Enforcement, or the Bureau of Gambling Control shall be construed to refer to the division, bureau, branch, section, or unit within the department which is performing the functions referred to; and no such function shall be abolished without express statutory authority.
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63-15002.5. Except as provided in Chapter 4 (commencing with Section 15210), the Attorney General may arrange and classify the work of the Department of Justice, and consolidate, abolish, or create divisions, bureaus, branches, sections, or units within the department. Any statutory or other reference to the Office of the Attorney General, the State Bureau of Criminal Identification and Investigation, the Division of Law Enforcement, or the Bureau of Gambling Control shall be construed to refer to the division, bureau, branch, section, or unit within the department which is performing the functions referred to; and no such function shall be abolished without express statutory authority.
82+15002.5. The Except as provided in Chapter 4 (commencing with Section 15210), the Attorney General may arrange and classify the work of the Department of Justice, and consolidate, abolish, or create divisions, bureaus, branches, sections, or units within the department. Any statutory or other reference to the Office of the Attorney General, the State Bureau of Criminal Identification and Investigation, the Division of Law Enforcement, or the Bureau of Gambling Control shall be construed to refer to the division, bureau, branch, section, or unit within the department which is performing the functions referred to; and no such function shall be abolished without express statutory authority.
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67-15002.5. Except as provided in Chapter 4 (commencing with Section 15210), the Attorney General may arrange and classify the work of the Department of Justice, and consolidate, abolish, or create divisions, bureaus, branches, sections, or units within the department. Any statutory or other reference to the Office of the Attorney General, the State Bureau of Criminal Identification and Investigation, the Division of Law Enforcement, or the Bureau of Gambling Control shall be construed to refer to the division, bureau, branch, section, or unit within the department which is performing the functions referred to; and no such function shall be abolished without express statutory authority.
86+15002.5. The Except as provided in Chapter 4 (commencing with Section 15210), the Attorney General may arrange and classify the work of the Department of Justice, and consolidate, abolish, or create divisions, bureaus, branches, sections, or units within the department. Any statutory or other reference to the Office of the Attorney General, the State Bureau of Criminal Identification and Investigation, the Division of Law Enforcement, or the Bureau of Gambling Control shall be construed to refer to the division, bureau, branch, section, or unit within the department which is performing the functions referred to; and no such function shall be abolished without express statutory authority.
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69-SEC. 2. Chapter 4 (commencing with Section 15210) is added to Part 6 of Division 3 of Title 2 of the Government Code, to read: CHAPTER 4. Bureau for Descendants of American Slavery Article 1. General15210. (a) It is the intent of the Legislature in establishing the bureau to establish an initial framework and it is the intent of the Legislature that the scope and responsibilities of the bureau may expand as necessary to fulfill its mission and address additional harms as identified.(b) It is the intent of the Legislature that, as the bureau expands its scope in the future, it shall also advise on reparative remedies for the African American community to address the lasting harms of disenfranchisement, segregation, discrimination, exclusion neglect, violence, and the persistent consequences of this legacy.15211. For purposes of this chapter:(a) Bureau means the Bureau for Descendants of American Slavery.(b) Descendants means descendants of an African American chattel enslaved person in the United States, or descendants of a free Black person living in the United States prior to the end of the 19th century.(c) Director means the Director of the Bureau for Descendants of American Slavery.(d) Racially motivated eminent domain means when the state, county, city, city and county, district, or other political subdivision of the state acquires private property for public use and does not distribute just compensation to the owner at the time of the acquisition, and the acquisition or the failure to provide just compensation was due, in whole or in part, to the owners ethnicity or race.15212. (a) Notwithstanding Section 15002.5, the Bureau for Descendants of American Slavery is hereby established within the Department of Justice. The bureau shall be under the direct control of a director who shall be responsible to the Attorney General.(b) The director shall be appointed by the Attorney General and confirmed by the Senate, and shall perform all duties, exercise all powers, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the bureau.(c) The salary of the director shall be fixed pursuant to Section 12502.(d) The bureau shall establish a mission statement consistent with the recommendations from the former Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States.15213. As part of its duties, the bureau shall determine how an individuals status as a descendant shall be confirmed. Proof of an individuals descendent status shall be a qualifying criterion for benefits authorized by the state for descendants. To accomplish these goals, the bureau shall include all of the following divisions:(a) A Genealogy Division to do all of the following:(1) Establish a process to certify descendants of American slaves.(2) Create a method for eligible individuals to submit claims and receive compensation or restitution for those particular harms California inflicted upon the claimant or their family.(3) Establish an equitable alternative qualifying criterion for benefits for descendants authorized by the state in cases where an individuals status as a descendant cannot be confirmed or proven.(b) A Property Reclamation Division to do all of the following:(1) Research and document California state properties acquired as a result of racially-motivated eminent domain, including properties that no longer exist due to state highway construction or other development.(2) Create a database of property ownership in the state identifying properties acquired through racially motivated eminent domain or other discriminatory government action.(3) Review and investigate public complaints from people who claim their property was taken without just compensation. compensation, pursuant to Article 2 (commencing with Section 15215).(4) Upon appropriation, distribute just compensation for the fair market value, adjusted for property price appreciation, of the property at the time of the taking. taking, pursuant to Article 2 (commencing with Section 15215).(5) Address cases where individuals experienced harm due to the policies and practices of state and local agencies.(c) An Education and Outreach Division to develop and implement a public education campaign regarding the cycle of gentrification, displacement, and exclusion; the connection between redlining and gentrification; and the history of discriminatory urban planning in California.(d) A Legal Affairs Division to do all of the following:(1) Provide legal advice, counsel, and services to the bureau and its officials.(2) Ensure that the bureaus programs are administered in accordance with applicable legislative authority.(3) Advise the head of the bureau on legislative, legal, and regulatory initiatives.(4) Serve as an external liaison on legal matters with other state agencies and other entities.(5) Conduct a review of past and current laws, as well as proposed legislation, to determine whether those measures have caused, are causing, or may continue to cause harm. The division shall provide recommendations to mitigate or eliminate any harm identified in its review. Article 2. Property Reclamation Division15215. (a) The Legislature finds and declares that it is in the public interest to compensate victims of racially motivated eminent domain, which deprived citizens of just compensation for their property due to racially discriminatory motives. The unjust taking of land without fair compensation destroyed communities, forced many from their historical neighborhoods, deprived those persons of the fair value of their property, and, in many cases, prevented the accumulation of generational wealth. Providing compensation to these victims of racial discrimination will restore the value of wrongfully taken property to dispossessed owners and hold government entities responsible for those wrongful discriminatory acts.(b) This article shall govern the procedure by which dispossessed owners and their descendants may seek a determination that they were the victims of racially motivated eminent domain and seek the return of the taken property, other property of equal value, or financial compensation.15216. For purposes of this article, the following definitions apply:(a) Dispossessed owner means a person who has had property taken from them as a result of racially motivated eminent domain or a direct descendant of the person whose property was taken.(b) Publicly held property means property that is owned by the state or by the local agency that took possession of the property that is the subject of an application submitted pursuant to this article.15217. Upon appropriation by the Legislature, the Property Reclamation Division within the Bureau for Descendants of American Slavery shall do all of the following:(a) Accept applications from persons who claim they are the dispossessed owner.(b) (1) Review and investigate applications submitted under subdivision (a).(2) As part of its review, the division may request submission of additional information supporting the application that is reasonably necessary to verify the application, determine whether the applicant is a dispossessed owner, including determining whether the taking was racially motivated. If the division makes a request for additional documentation, it shall communicate that request to the applicant with a notice of the additional information required. The division shall consider any additional information provided by the applicant within 30 days of receipt.(c) After reviewing all of the relevant materials, determine whether the applicant is a dispossessed owner.(d) If the division determines that an applicant has established that they are a dispossessed owner pursuant to subdivision (c), the division shall determine both of the following:(1) The present day fair market value of the property that was taken as a result of racially motivated eminent domain.(2) Whether issuing property or just compensation to that dispossessed owner would serve to redress past acts of racial discrimination, prevent future acts of racial discrimination, and benefit the whole of the community and its general welfare.(e) If the division determines that issuing property or just compensation to the dispossessed owner is warranted pursuant to paragraph (2) of subdivision (d), the division shall certify that the dispossessed owner is entitled to one of the following:(1) If the taken property is still in the possession of the public entity that took the property, the return of the taken property.(2) If the taken property is no longer in the possession of the public entity that took the property, the division shall solicit from the state or local entity, as applicable, a list of recommendations of publicly held properties that are suitable as compensation and select a publicly held property as compensation.(3) If the taken property is no longer in the possession of the public entity that took the property and no publicly held property is suitable as compensation, financial compensation equal to the fair market value determined pursuant to paragraph (1) of subdivision (d).(f) If the division determines that an applicant is not a dispossessed owner or that issuing property or just compensation is not warranted, the division shall notify the applicant of its finding. The applicant may appeal the determination within 60 days of receiving the notice and provide additional information to support their claim. The division shall consider the appeal and any new information provided and issue a determination on the appeal within 120 days.15218. (a) If the state or local entity that took property by racially motivated eminent domain does not provide compensation in accordance with the divisions certification in subdivision (e) of Section 15217, the dispossessed owner may bring a claim for compensation under the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1).(b) A claim brought pursuant to this section shall not be subject to the statute of limitations, whether the action is brought before or after the enactment of this article.15219. (a) This article does not disturb or invalidate the title of any property taken by racially motivated eminent domain except against the state or local jurisdiction as set forth in this article.(b) Every finding, decision, determination, or other official act of the bureau is subject to judicial review in accordance with existing law.
88+SEC. 2. Chapter 4 (commencing with Section 15210) is added to Part 6 of Division 3 of Title 2 of the Government Code, to read: CHAPTER 4. Bureau for Descendants of American Slavery15210. (a) It is the intent of the Legislature in establishing the bureau to establish an initial framework and it is the intent of the Legislature that the scope and responsibilities of the bureau may expand as necessary to fulfill its mission and address additional harms as identified.(b) It is the intent of the Legislature that, as the bureau expands its scope in the future, it shall also advise on reparative remedies for the African American community to address the lasting harms of disenfranchisement, segregation, discrimination, exclusion neglect, violence, and the persistent consequences of this legacy.16000.15211. For purposes of this part: chapter:(a) Bureau means the Bureau for Descendants of American Slavery.(b) Descendants means descendants of an African American chattel enslaved person in the United States, or descendants of a free Black person living in the United States prior to the end of the 19th century.(c) Director means the Director of the Bureau for Descendants of American Slavery.(d) Racially motivated eminent domain means when the state, county, city, city and county, district, or other political subdivision of the state acquires private property for public use and does not distribute just compensation to the owner at the time of the acquisition, and the acquisition or the failure to provide just compensation was due, in whole or in part, to the owners ethnicity or race. 2. General 16001.15212. (a) The Notwithstanding Section 15002.5, the Bureau for Descendants of American Slavery is hereby established within state government. the Department of Justice. The bureau shall be under the direct control of a director who shall be responsible to the Governor. Attorney General.(b) The director shall be appointed by the Governor Attorney General and confirmed by the Senate, and shall perform all duties, exercise all powers, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the bureau.(c) The salary of the director shall be fixed pursuant to Section 12001. 12502.(d) The bureau shall establish a mission statement consistent with the recommendations from the former Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States. 3. Powers and Duties 16002.15213. As part of its duties, the bureau shall determine how an individuals status as a descendant shall be confirmed. Proof of an individuals descendent status shall be a qualifying criteria criterion for benefits authorized by the state for descendants. To accomplish these goals, the bureau shall include all of the following divisions:(a) A Genealogy Division to do both all of the following:(1) Establish a process to certify descendants of American slaves.(2) Create a method for eligible individuals to submit claims and receive compensation or restitution for those particular harms California inflicted upon the claimant or their family.(3) Establish an equitable alternative qualifying criterion for benefits for descendants authorized by the state in cases where an individuals status as a descendant cannot be confirmed or proven.(b) A Property Reclamation Division to do all of the following:(1)Create a database of property ownership in the state.(2)(1) Research and document California state properties acquired as a result of racially-motivated eminent domain, including properties that no longer exist due to state highway construction or other development.(2) Create a database of property ownership in the state identifying properties acquired through racially motivated eminent domain or other discriminatory government action.(3) Review and investigate public complaints from people who claim their property was taken without just compensation.(4) Upon appropriation, distribute just compensation for the fair market value, adjusted for property price appreciation, of the property at the time of the taking.(5) Address cases where individuals experienced harm due to the policies and practices of state and local agencies.(c) An Education and Outreach Division to develop and implement a public education campaign regarding the cycle of gentrification, displacement, and exclusion; the connection between redlining and gentrification; and the history of discriminatory urban planning in California.(d) A Legal Affairs Division to provide do all of the following:(1) Provide legal advice, counsel, and services to the bureau and its officials, and to ensure officials.(2) Ensure that the bureaus programs are administered in accordance with applicable legislative authority. The division shall also advise(3) Advise the head of the bureau on legislative, legal, and regulatory initiatives and serve initiatives.(4) Serve as an external liaison on legal matters with other state agencies and other entities.(5) Conduct a review of past and current laws, as well as proposed legislation, to determine whether those measures have caused, are causing, or may continue to cause harm. The division shall provide recommendations to mitigate or eliminate any harm identified in its review.
7089
7190 SEC. 2. Chapter 4 (commencing with Section 15210) is added to Part 6 of Division 3 of Title 2 of the Government Code, to read:
7291
7392 ### SEC. 2.
7493
75- CHAPTER 4. Bureau for Descendants of American Slavery Article 1. General15210. (a) It is the intent of the Legislature in establishing the bureau to establish an initial framework and it is the intent of the Legislature that the scope and responsibilities of the bureau may expand as necessary to fulfill its mission and address additional harms as identified.(b) It is the intent of the Legislature that, as the bureau expands its scope in the future, it shall also advise on reparative remedies for the African American community to address the lasting harms of disenfranchisement, segregation, discrimination, exclusion neglect, violence, and the persistent consequences of this legacy.15211. For purposes of this chapter:(a) Bureau means the Bureau for Descendants of American Slavery.(b) Descendants means descendants of an African American chattel enslaved person in the United States, or descendants of a free Black person living in the United States prior to the end of the 19th century.(c) Director means the Director of the Bureau for Descendants of American Slavery.(d) Racially motivated eminent domain means when the state, county, city, city and county, district, or other political subdivision of the state acquires private property for public use and does not distribute just compensation to the owner at the time of the acquisition, and the acquisition or the failure to provide just compensation was due, in whole or in part, to the owners ethnicity or race.15212. (a) Notwithstanding Section 15002.5, the Bureau for Descendants of American Slavery is hereby established within the Department of Justice. The bureau shall be under the direct control of a director who shall be responsible to the Attorney General.(b) The director shall be appointed by the Attorney General and confirmed by the Senate, and shall perform all duties, exercise all powers, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the bureau.(c) The salary of the director shall be fixed pursuant to Section 12502.(d) The bureau shall establish a mission statement consistent with the recommendations from the former Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States.15213. As part of its duties, the bureau shall determine how an individuals status as a descendant shall be confirmed. Proof of an individuals descendent status shall be a qualifying criterion for benefits authorized by the state for descendants. To accomplish these goals, the bureau shall include all of the following divisions:(a) A Genealogy Division to do all of the following:(1) Establish a process to certify descendants of American slaves.(2) Create a method for eligible individuals to submit claims and receive compensation or restitution for those particular harms California inflicted upon the claimant or their family.(3) Establish an equitable alternative qualifying criterion for benefits for descendants authorized by the state in cases where an individuals status as a descendant cannot be confirmed or proven.(b) A Property Reclamation Division to do all of the following:(1) Research and document California state properties acquired as a result of racially-motivated eminent domain, including properties that no longer exist due to state highway construction or other development.(2) Create a database of property ownership in the state identifying properties acquired through racially motivated eminent domain or other discriminatory government action.(3) Review and investigate public complaints from people who claim their property was taken without just compensation. compensation, pursuant to Article 2 (commencing with Section 15215).(4) Upon appropriation, distribute just compensation for the fair market value, adjusted for property price appreciation, of the property at the time of the taking. taking, pursuant to Article 2 (commencing with Section 15215).(5) Address cases where individuals experienced harm due to the policies and practices of state and local agencies.(c) An Education and Outreach Division to develop and implement a public education campaign regarding the cycle of gentrification, displacement, and exclusion; the connection between redlining and gentrification; and the history of discriminatory urban planning in California.(d) A Legal Affairs Division to do all of the following:(1) Provide legal advice, counsel, and services to the bureau and its officials.(2) Ensure that the bureaus programs are administered in accordance with applicable legislative authority.(3) Advise the head of the bureau on legislative, legal, and regulatory initiatives.(4) Serve as an external liaison on legal matters with other state agencies and other entities.(5) Conduct a review of past and current laws, as well as proposed legislation, to determine whether those measures have caused, are causing, or may continue to cause harm. The division shall provide recommendations to mitigate or eliminate any harm identified in its review. Article 2. Property Reclamation Division15215. (a) The Legislature finds and declares that it is in the public interest to compensate victims of racially motivated eminent domain, which deprived citizens of just compensation for their property due to racially discriminatory motives. The unjust taking of land without fair compensation destroyed communities, forced many from their historical neighborhoods, deprived those persons of the fair value of their property, and, in many cases, prevented the accumulation of generational wealth. Providing compensation to these victims of racial discrimination will restore the value of wrongfully taken property to dispossessed owners and hold government entities responsible for those wrongful discriminatory acts.(b) This article shall govern the procedure by which dispossessed owners and their descendants may seek a determination that they were the victims of racially motivated eminent domain and seek the return of the taken property, other property of equal value, or financial compensation.15216. For purposes of this article, the following definitions apply:(a) Dispossessed owner means a person who has had property taken from them as a result of racially motivated eminent domain or a direct descendant of the person whose property was taken.(b) Publicly held property means property that is owned by the state or by the local agency that took possession of the property that is the subject of an application submitted pursuant to this article.15217. Upon appropriation by the Legislature, the Property Reclamation Division within the Bureau for Descendants of American Slavery shall do all of the following:(a) Accept applications from persons who claim they are the dispossessed owner.(b) (1) Review and investigate applications submitted under subdivision (a).(2) As part of its review, the division may request submission of additional information supporting the application that is reasonably necessary to verify the application, determine whether the applicant is a dispossessed owner, including determining whether the taking was racially motivated. If the division makes a request for additional documentation, it shall communicate that request to the applicant with a notice of the additional information required. The division shall consider any additional information provided by the applicant within 30 days of receipt.(c) After reviewing all of the relevant materials, determine whether the applicant is a dispossessed owner.(d) If the division determines that an applicant has established that they are a dispossessed owner pursuant to subdivision (c), the division shall determine both of the following:(1) The present day fair market value of the property that was taken as a result of racially motivated eminent domain.(2) Whether issuing property or just compensation to that dispossessed owner would serve to redress past acts of racial discrimination, prevent future acts of racial discrimination, and benefit the whole of the community and its general welfare.(e) If the division determines that issuing property or just compensation to the dispossessed owner is warranted pursuant to paragraph (2) of subdivision (d), the division shall certify that the dispossessed owner is entitled to one of the following:(1) If the taken property is still in the possession of the public entity that took the property, the return of the taken property.(2) If the taken property is no longer in the possession of the public entity that took the property, the division shall solicit from the state or local entity, as applicable, a list of recommendations of publicly held properties that are suitable as compensation and select a publicly held property as compensation.(3) If the taken property is no longer in the possession of the public entity that took the property and no publicly held property is suitable as compensation, financial compensation equal to the fair market value determined pursuant to paragraph (1) of subdivision (d).(f) If the division determines that an applicant is not a dispossessed owner or that issuing property or just compensation is not warranted, the division shall notify the applicant of its finding. The applicant may appeal the determination within 60 days of receiving the notice and provide additional information to support their claim. The division shall consider the appeal and any new information provided and issue a determination on the appeal within 120 days.15218. (a) If the state or local entity that took property by racially motivated eminent domain does not provide compensation in accordance with the divisions certification in subdivision (e) of Section 15217, the dispossessed owner may bring a claim for compensation under the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1).(b) A claim brought pursuant to this section shall not be subject to the statute of limitations, whether the action is brought before or after the enactment of this article.15219. (a) This article does not disturb or invalidate the title of any property taken by racially motivated eminent domain except against the state or local jurisdiction as set forth in this article.(b) Every finding, decision, determination, or other official act of the bureau is subject to judicial review in accordance with existing law.
94+ CHAPTER 4. Bureau for Descendants of American Slavery15210. (a) It is the intent of the Legislature in establishing the bureau to establish an initial framework and it is the intent of the Legislature that the scope and responsibilities of the bureau may expand as necessary to fulfill its mission and address additional harms as identified.(b) It is the intent of the Legislature that, as the bureau expands its scope in the future, it shall also advise on reparative remedies for the African American community to address the lasting harms of disenfranchisement, segregation, discrimination, exclusion neglect, violence, and the persistent consequences of this legacy.16000.15211. For purposes of this part: chapter:(a) Bureau means the Bureau for Descendants of American Slavery.(b) Descendants means descendants of an African American chattel enslaved person in the United States, or descendants of a free Black person living in the United States prior to the end of the 19th century.(c) Director means the Director of the Bureau for Descendants of American Slavery.(d) Racially motivated eminent domain means when the state, county, city, city and county, district, or other political subdivision of the state acquires private property for public use and does not distribute just compensation to the owner at the time of the acquisition, and the acquisition or the failure to provide just compensation was due, in whole or in part, to the owners ethnicity or race. 2. General 16001.15212. (a) The Notwithstanding Section 15002.5, the Bureau for Descendants of American Slavery is hereby established within state government. the Department of Justice. The bureau shall be under the direct control of a director who shall be responsible to the Governor. Attorney General.(b) The director shall be appointed by the Governor Attorney General and confirmed by the Senate, and shall perform all duties, exercise all powers, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the bureau.(c) The salary of the director shall be fixed pursuant to Section 12001. 12502.(d) The bureau shall establish a mission statement consistent with the recommendations from the former Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States. 3. Powers and Duties 16002.15213. As part of its duties, the bureau shall determine how an individuals status as a descendant shall be confirmed. Proof of an individuals descendent status shall be a qualifying criteria criterion for benefits authorized by the state for descendants. To accomplish these goals, the bureau shall include all of the following divisions:(a) A Genealogy Division to do both all of the following:(1) Establish a process to certify descendants of American slaves.(2) Create a method for eligible individuals to submit claims and receive compensation or restitution for those particular harms California inflicted upon the claimant or their family.(3) Establish an equitable alternative qualifying criterion for benefits for descendants authorized by the state in cases where an individuals status as a descendant cannot be confirmed or proven.(b) A Property Reclamation Division to do all of the following:(1)Create a database of property ownership in the state.(2)(1) Research and document California state properties acquired as a result of racially-motivated eminent domain, including properties that no longer exist due to state highway construction or other development.(2) Create a database of property ownership in the state identifying properties acquired through racially motivated eminent domain or other discriminatory government action.(3) Review and investigate public complaints from people who claim their property was taken without just compensation.(4) Upon appropriation, distribute just compensation for the fair market value, adjusted for property price appreciation, of the property at the time of the taking.(5) Address cases where individuals experienced harm due to the policies and practices of state and local agencies.(c) An Education and Outreach Division to develop and implement a public education campaign regarding the cycle of gentrification, displacement, and exclusion; the connection between redlining and gentrification; and the history of discriminatory urban planning in California.(d) A Legal Affairs Division to provide do all of the following:(1) Provide legal advice, counsel, and services to the bureau and its officials, and to ensure officials.(2) Ensure that the bureaus programs are administered in accordance with applicable legislative authority. The division shall also advise(3) Advise the head of the bureau on legislative, legal, and regulatory initiatives and serve initiatives.(4) Serve as an external liaison on legal matters with other state agencies and other entities.(5) Conduct a review of past and current laws, as well as proposed legislation, to determine whether those measures have caused, are causing, or may continue to cause harm. The division shall provide recommendations to mitigate or eliminate any harm identified in its review.
7695
77- CHAPTER 4. Bureau for Descendants of American Slavery Article 1. General15210. (a) It is the intent of the Legislature in establishing the bureau to establish an initial framework and it is the intent of the Legislature that the scope and responsibilities of the bureau may expand as necessary to fulfill its mission and address additional harms as identified.(b) It is the intent of the Legislature that, as the bureau expands its scope in the future, it shall also advise on reparative remedies for the African American community to address the lasting harms of disenfranchisement, segregation, discrimination, exclusion neglect, violence, and the persistent consequences of this legacy.15211. For purposes of this chapter:(a) Bureau means the Bureau for Descendants of American Slavery.(b) Descendants means descendants of an African American chattel enslaved person in the United States, or descendants of a free Black person living in the United States prior to the end of the 19th century.(c) Director means the Director of the Bureau for Descendants of American Slavery.(d) Racially motivated eminent domain means when the state, county, city, city and county, district, or other political subdivision of the state acquires private property for public use and does not distribute just compensation to the owner at the time of the acquisition, and the acquisition or the failure to provide just compensation was due, in whole or in part, to the owners ethnicity or race.15212. (a) Notwithstanding Section 15002.5, the Bureau for Descendants of American Slavery is hereby established within the Department of Justice. The bureau shall be under the direct control of a director who shall be responsible to the Attorney General.(b) The director shall be appointed by the Attorney General and confirmed by the Senate, and shall perform all duties, exercise all powers, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the bureau.(c) The salary of the director shall be fixed pursuant to Section 12502.(d) The bureau shall establish a mission statement consistent with the recommendations from the former Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States.15213. As part of its duties, the bureau shall determine how an individuals status as a descendant shall be confirmed. Proof of an individuals descendent status shall be a qualifying criterion for benefits authorized by the state for descendants. To accomplish these goals, the bureau shall include all of the following divisions:(a) A Genealogy Division to do all of the following:(1) Establish a process to certify descendants of American slaves.(2) Create a method for eligible individuals to submit claims and receive compensation or restitution for those particular harms California inflicted upon the claimant or their family.(3) Establish an equitable alternative qualifying criterion for benefits for descendants authorized by the state in cases where an individuals status as a descendant cannot be confirmed or proven.(b) A Property Reclamation Division to do all of the following:(1) Research and document California state properties acquired as a result of racially-motivated eminent domain, including properties that no longer exist due to state highway construction or other development.(2) Create a database of property ownership in the state identifying properties acquired through racially motivated eminent domain or other discriminatory government action.(3) Review and investigate public complaints from people who claim their property was taken without just compensation. compensation, pursuant to Article 2 (commencing with Section 15215).(4) Upon appropriation, distribute just compensation for the fair market value, adjusted for property price appreciation, of the property at the time of the taking. taking, pursuant to Article 2 (commencing with Section 15215).(5) Address cases where individuals experienced harm due to the policies and practices of state and local agencies.(c) An Education and Outreach Division to develop and implement a public education campaign regarding the cycle of gentrification, displacement, and exclusion; the connection between redlining and gentrification; and the history of discriminatory urban planning in California.(d) A Legal Affairs Division to do all of the following:(1) Provide legal advice, counsel, and services to the bureau and its officials.(2) Ensure that the bureaus programs are administered in accordance with applicable legislative authority.(3) Advise the head of the bureau on legislative, legal, and regulatory initiatives.(4) Serve as an external liaison on legal matters with other state agencies and other entities.(5) Conduct a review of past and current laws, as well as proposed legislation, to determine whether those measures have caused, are causing, or may continue to cause harm. The division shall provide recommendations to mitigate or eliminate any harm identified in its review. Article 2. Property Reclamation Division15215. (a) The Legislature finds and declares that it is in the public interest to compensate victims of racially motivated eminent domain, which deprived citizens of just compensation for their property due to racially discriminatory motives. The unjust taking of land without fair compensation destroyed communities, forced many from their historical neighborhoods, deprived those persons of the fair value of their property, and, in many cases, prevented the accumulation of generational wealth. Providing compensation to these victims of racial discrimination will restore the value of wrongfully taken property to dispossessed owners and hold government entities responsible for those wrongful discriminatory acts.(b) This article shall govern the procedure by which dispossessed owners and their descendants may seek a determination that they were the victims of racially motivated eminent domain and seek the return of the taken property, other property of equal value, or financial compensation.15216. For purposes of this article, the following definitions apply:(a) Dispossessed owner means a person who has had property taken from them as a result of racially motivated eminent domain or a direct descendant of the person whose property was taken.(b) Publicly held property means property that is owned by the state or by the local agency that took possession of the property that is the subject of an application submitted pursuant to this article.15217. Upon appropriation by the Legislature, the Property Reclamation Division within the Bureau for Descendants of American Slavery shall do all of the following:(a) Accept applications from persons who claim they are the dispossessed owner.(b) (1) Review and investigate applications submitted under subdivision (a).(2) As part of its review, the division may request submission of additional information supporting the application that is reasonably necessary to verify the application, determine whether the applicant is a dispossessed owner, including determining whether the taking was racially motivated. If the division makes a request for additional documentation, it shall communicate that request to the applicant with a notice of the additional information required. The division shall consider any additional information provided by the applicant within 30 days of receipt.(c) After reviewing all of the relevant materials, determine whether the applicant is a dispossessed owner.(d) If the division determines that an applicant has established that they are a dispossessed owner pursuant to subdivision (c), the division shall determine both of the following:(1) The present day fair market value of the property that was taken as a result of racially motivated eminent domain.(2) Whether issuing property or just compensation to that dispossessed owner would serve to redress past acts of racial discrimination, prevent future acts of racial discrimination, and benefit the whole of the community and its general welfare.(e) If the division determines that issuing property or just compensation to the dispossessed owner is warranted pursuant to paragraph (2) of subdivision (d), the division shall certify that the dispossessed owner is entitled to one of the following:(1) If the taken property is still in the possession of the public entity that took the property, the return of the taken property.(2) If the taken property is no longer in the possession of the public entity that took the property, the division shall solicit from the state or local entity, as applicable, a list of recommendations of publicly held properties that are suitable as compensation and select a publicly held property as compensation.(3) If the taken property is no longer in the possession of the public entity that took the property and no publicly held property is suitable as compensation, financial compensation equal to the fair market value determined pursuant to paragraph (1) of subdivision (d).(f) If the division determines that an applicant is not a dispossessed owner or that issuing property or just compensation is not warranted, the division shall notify the applicant of its finding. The applicant may appeal the determination within 60 days of receiving the notice and provide additional information to support their claim. The division shall consider the appeal and any new information provided and issue a determination on the appeal within 120 days.15218. (a) If the state or local entity that took property by racially motivated eminent domain does not provide compensation in accordance with the divisions certification in subdivision (e) of Section 15217, the dispossessed owner may bring a claim for compensation under the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1).(b) A claim brought pursuant to this section shall not be subject to the statute of limitations, whether the action is brought before or after the enactment of this article.15219. (a) This article does not disturb or invalidate the title of any property taken by racially motivated eminent domain except against the state or local jurisdiction as set forth in this article.(b) Every finding, decision, determination, or other official act of the bureau is subject to judicial review in accordance with existing law.
96+ CHAPTER 4. Bureau for Descendants of American Slavery15210. (a) It is the intent of the Legislature in establishing the bureau to establish an initial framework and it is the intent of the Legislature that the scope and responsibilities of the bureau may expand as necessary to fulfill its mission and address additional harms as identified.(b) It is the intent of the Legislature that, as the bureau expands its scope in the future, it shall also advise on reparative remedies for the African American community to address the lasting harms of disenfranchisement, segregation, discrimination, exclusion neglect, violence, and the persistent consequences of this legacy.16000.15211. For purposes of this part: chapter:(a) Bureau means the Bureau for Descendants of American Slavery.(b) Descendants means descendants of an African American chattel enslaved person in the United States, or descendants of a free Black person living in the United States prior to the end of the 19th century.(c) Director means the Director of the Bureau for Descendants of American Slavery.(d) Racially motivated eminent domain means when the state, county, city, city and county, district, or other political subdivision of the state acquires private property for public use and does not distribute just compensation to the owner at the time of the acquisition, and the acquisition or the failure to provide just compensation was due, in whole or in part, to the owners ethnicity or race. 2. General 16001.15212. (a) The Notwithstanding Section 15002.5, the Bureau for Descendants of American Slavery is hereby established within state government. the Department of Justice. The bureau shall be under the direct control of a director who shall be responsible to the Governor. Attorney General.(b) The director shall be appointed by the Governor Attorney General and confirmed by the Senate, and shall perform all duties, exercise all powers, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the bureau.(c) The salary of the director shall be fixed pursuant to Section 12001. 12502.(d) The bureau shall establish a mission statement consistent with the recommendations from the former Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States. 3. Powers and Duties 16002.15213. As part of its duties, the bureau shall determine how an individuals status as a descendant shall be confirmed. Proof of an individuals descendent status shall be a qualifying criteria criterion for benefits authorized by the state for descendants. To accomplish these goals, the bureau shall include all of the following divisions:(a) A Genealogy Division to do both all of the following:(1) Establish a process to certify descendants of American slaves.(2) Create a method for eligible individuals to submit claims and receive compensation or restitution for those particular harms California inflicted upon the claimant or their family.(3) Establish an equitable alternative qualifying criterion for benefits for descendants authorized by the state in cases where an individuals status as a descendant cannot be confirmed or proven.(b) A Property Reclamation Division to do all of the following:(1)Create a database of property ownership in the state.(2)(1) Research and document California state properties acquired as a result of racially-motivated eminent domain, including properties that no longer exist due to state highway construction or other development.(2) Create a database of property ownership in the state identifying properties acquired through racially motivated eminent domain or other discriminatory government action.(3) Review and investigate public complaints from people who claim their property was taken without just compensation.(4) Upon appropriation, distribute just compensation for the fair market value, adjusted for property price appreciation, of the property at the time of the taking.(5) Address cases where individuals experienced harm due to the policies and practices of state and local agencies.(c) An Education and Outreach Division to develop and implement a public education campaign regarding the cycle of gentrification, displacement, and exclusion; the connection between redlining and gentrification; and the history of discriminatory urban planning in California.(d) A Legal Affairs Division to provide do all of the following:(1) Provide legal advice, counsel, and services to the bureau and its officials, and to ensure officials.(2) Ensure that the bureaus programs are administered in accordance with applicable legislative authority. The division shall also advise(3) Advise the head of the bureau on legislative, legal, and regulatory initiatives and serve initiatives.(4) Serve as an external liaison on legal matters with other state agencies and other entities.(5) Conduct a review of past and current laws, as well as proposed legislation, to determine whether those measures have caused, are causing, or may continue to cause harm. The division shall provide recommendations to mitigate or eliminate any harm identified in its review.
7897
7998 CHAPTER 4. Bureau for Descendants of American Slavery
8099
81100 CHAPTER 4. Bureau for Descendants of American Slavery
82-
83- Article 1. General15210. (a) It is the intent of the Legislature in establishing the bureau to establish an initial framework and it is the intent of the Legislature that the scope and responsibilities of the bureau may expand as necessary to fulfill its mission and address additional harms as identified.(b) It is the intent of the Legislature that, as the bureau expands its scope in the future, it shall also advise on reparative remedies for the African American community to address the lasting harms of disenfranchisement, segregation, discrimination, exclusion neglect, violence, and the persistent consequences of this legacy.15211. For purposes of this chapter:(a) Bureau means the Bureau for Descendants of American Slavery.(b) Descendants means descendants of an African American chattel enslaved person in the United States, or descendants of a free Black person living in the United States prior to the end of the 19th century.(c) Director means the Director of the Bureau for Descendants of American Slavery.(d) Racially motivated eminent domain means when the state, county, city, city and county, district, or other political subdivision of the state acquires private property for public use and does not distribute just compensation to the owner at the time of the acquisition, and the acquisition or the failure to provide just compensation was due, in whole or in part, to the owners ethnicity or race.15212. (a) Notwithstanding Section 15002.5, the Bureau for Descendants of American Slavery is hereby established within the Department of Justice. The bureau shall be under the direct control of a director who shall be responsible to the Attorney General.(b) The director shall be appointed by the Attorney General and confirmed by the Senate, and shall perform all duties, exercise all powers, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the bureau.(c) The salary of the director shall be fixed pursuant to Section 12502.(d) The bureau shall establish a mission statement consistent with the recommendations from the former Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States.15213. As part of its duties, the bureau shall determine how an individuals status as a descendant shall be confirmed. Proof of an individuals descendent status shall be a qualifying criterion for benefits authorized by the state for descendants. To accomplish these goals, the bureau shall include all of the following divisions:(a) A Genealogy Division to do all of the following:(1) Establish a process to certify descendants of American slaves.(2) Create a method for eligible individuals to submit claims and receive compensation or restitution for those particular harms California inflicted upon the claimant or their family.(3) Establish an equitable alternative qualifying criterion for benefits for descendants authorized by the state in cases where an individuals status as a descendant cannot be confirmed or proven.(b) A Property Reclamation Division to do all of the following:(1) Research and document California state properties acquired as a result of racially-motivated eminent domain, including properties that no longer exist due to state highway construction or other development.(2) Create a database of property ownership in the state identifying properties acquired through racially motivated eminent domain or other discriminatory government action.(3) Review and investigate public complaints from people who claim their property was taken without just compensation. compensation, pursuant to Article 2 (commencing with Section 15215).(4) Upon appropriation, distribute just compensation for the fair market value, adjusted for property price appreciation, of the property at the time of the taking. taking, pursuant to Article 2 (commencing with Section 15215).(5) Address cases where individuals experienced harm due to the policies and practices of state and local agencies.(c) An Education and Outreach Division to develop and implement a public education campaign regarding the cycle of gentrification, displacement, and exclusion; the connection between redlining and gentrification; and the history of discriminatory urban planning in California.(d) A Legal Affairs Division to do all of the following:(1) Provide legal advice, counsel, and services to the bureau and its officials.(2) Ensure that the bureaus programs are administered in accordance with applicable legislative authority.(3) Advise the head of the bureau on legislative, legal, and regulatory initiatives.(4) Serve as an external liaison on legal matters with other state agencies and other entities.(5) Conduct a review of past and current laws, as well as proposed legislation, to determine whether those measures have caused, are causing, or may continue to cause harm. The division shall provide recommendations to mitigate or eliminate any harm identified in its review.
84-
85- Article 1. General
86-
87- Article 1. General
88101
89102 15210. (a) It is the intent of the Legislature in establishing the bureau to establish an initial framework and it is the intent of the Legislature that the scope and responsibilities of the bureau may expand as necessary to fulfill its mission and address additional harms as identified.(b) It is the intent of the Legislature that, as the bureau expands its scope in the future, it shall also advise on reparative remedies for the African American community to address the lasting harms of disenfranchisement, segregation, discrimination, exclusion neglect, violence, and the persistent consequences of this legacy.
90103
91104
92105
93106 15210. (a) It is the intent of the Legislature in establishing the bureau to establish an initial framework and it is the intent of the Legislature that the scope and responsibilities of the bureau may expand as necessary to fulfill its mission and address additional harms as identified.
94107
95108 (b) It is the intent of the Legislature that, as the bureau expands its scope in the future, it shall also advise on reparative remedies for the African American community to address the lasting harms of disenfranchisement, segregation, discrimination, exclusion neglect, violence, and the persistent consequences of this legacy.
96109
97-15211. For purposes of this chapter:(a) Bureau means the Bureau for Descendants of American Slavery.(b) Descendants means descendants of an African American chattel enslaved person in the United States, or descendants of a free Black person living in the United States prior to the end of the 19th century.(c) Director means the Director of the Bureau for Descendants of American Slavery.(d) Racially motivated eminent domain means when the state, county, city, city and county, district, or other political subdivision of the state acquires private property for public use and does not distribute just compensation to the owner at the time of the acquisition, and the acquisition or the failure to provide just compensation was due, in whole or in part, to the owners ethnicity or race.
110+16000.15211. For purposes of this part: chapter:(a) Bureau means the Bureau for Descendants of American Slavery.(b) Descendants means descendants of an African American chattel enslaved person in the United States, or descendants of a free Black person living in the United States prior to the end of the 19th century.(c) Director means the Director of the Bureau for Descendants of American Slavery.(d) Racially motivated eminent domain means when the state, county, city, city and county, district, or other political subdivision of the state acquires private property for public use and does not distribute just compensation to the owner at the time of the acquisition, and the acquisition or the failure to provide just compensation was due, in whole or in part, to the owners ethnicity or race.
98111
99112
100113
101-15211. For purposes of this chapter:
114+16000.15211. For purposes of this part: chapter:
102115
103116 (a) Bureau means the Bureau for Descendants of American Slavery.
104117
105118 (b) Descendants means descendants of an African American chattel enslaved person in the United States, or descendants of a free Black person living in the United States prior to the end of the 19th century.
106119
107120 (c) Director means the Director of the Bureau for Descendants of American Slavery.
108121
109122 (d) Racially motivated eminent domain means when the state, county, city, city and county, district, or other political subdivision of the state acquires private property for public use and does not distribute just compensation to the owner at the time of the acquisition, and the acquisition or the failure to provide just compensation was due, in whole or in part, to the owners ethnicity or race.
110123
111-15212. (a) Notwithstanding Section 15002.5, the Bureau for Descendants of American Slavery is hereby established within the Department of Justice. The bureau shall be under the direct control of a director who shall be responsible to the Attorney General.(b) The director shall be appointed by the Attorney General and confirmed by the Senate, and shall perform all duties, exercise all powers, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the bureau.(c) The salary of the director shall be fixed pursuant to Section 12502.(d) The bureau shall establish a mission statement consistent with the recommendations from the former Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States.
112124
113125
114126
115-15212. (a) Notwithstanding Section 15002.5, the Bureau for Descendants of American Slavery is hereby established within the Department of Justice. The bureau shall be under the direct control of a director who shall be responsible to the Attorney General.
116127
117-(b) The director shall be appointed by the Attorney General and confirmed by the Senate, and shall perform all duties, exercise all powers, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the bureau.
128+15212. (a) The Notwithstanding Section 15002.5, the Bureau for Descendants of American Slavery is hereby established within state government. the Department of Justice. The bureau shall be under the direct control of a director who shall be responsible to the Governor. Attorney General.(b) The director shall be appointed by the Governor Attorney General and confirmed by the Senate, and shall perform all duties, exercise all powers, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the bureau.(c) The salary of the director shall be fixed pursuant to Section 12001. 12502.(d) The bureau shall establish a mission statement consistent with the recommendations from the former Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States.
118129
119-(c) The salary of the director shall be fixed pursuant to Section 12502.
130+
131+
132+15212. (a) The Notwithstanding Section 15002.5, the Bureau for Descendants of American Slavery is hereby established within state government. the Department of Justice. The bureau shall be under the direct control of a director who shall be responsible to the Governor. Attorney General.
133+
134+(b) The director shall be appointed by the Governor Attorney General and confirmed by the Senate, and shall perform all duties, exercise all powers, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the bureau.
135+
136+(c) The salary of the director shall be fixed pursuant to Section 12001. 12502.
120137
121138 (d) The bureau shall establish a mission statement consistent with the recommendations from the former Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States.
122139
123-15213. As part of its duties, the bureau shall determine how an individuals status as a descendant shall be confirmed. Proof of an individuals descendent status shall be a qualifying criterion for benefits authorized by the state for descendants. To accomplish these goals, the bureau shall include all of the following divisions:(a) A Genealogy Division to do all of the following:(1) Establish a process to certify descendants of American slaves.(2) Create a method for eligible individuals to submit claims and receive compensation or restitution for those particular harms California inflicted upon the claimant or their family.(3) Establish an equitable alternative qualifying criterion for benefits for descendants authorized by the state in cases where an individuals status as a descendant cannot be confirmed or proven.(b) A Property Reclamation Division to do all of the following:(1) Research and document California state properties acquired as a result of racially-motivated eminent domain, including properties that no longer exist due to state highway construction or other development.(2) Create a database of property ownership in the state identifying properties acquired through racially motivated eminent domain or other discriminatory government action.(3) Review and investigate public complaints from people who claim their property was taken without just compensation. compensation, pursuant to Article 2 (commencing with Section 15215).(4) Upon appropriation, distribute just compensation for the fair market value, adjusted for property price appreciation, of the property at the time of the taking. taking, pursuant to Article 2 (commencing with Section 15215).(5) Address cases where individuals experienced harm due to the policies and practices of state and local agencies.(c) An Education and Outreach Division to develop and implement a public education campaign regarding the cycle of gentrification, displacement, and exclusion; the connection between redlining and gentrification; and the history of discriminatory urban planning in California.(d) A Legal Affairs Division to do all of the following:(1) Provide legal advice, counsel, and services to the bureau and its officials.(2) Ensure that the bureaus programs are administered in accordance with applicable legislative authority.(3) Advise the head of the bureau on legislative, legal, and regulatory initiatives.(4) Serve as an external liaison on legal matters with other state agencies and other entities.(5) Conduct a review of past and current laws, as well as proposed legislation, to determine whether those measures have caused, are causing, or may continue to cause harm. The division shall provide recommendations to mitigate or eliminate any harm identified in its review.
124140
125141
126142
127-15213. As part of its duties, the bureau shall determine how an individuals status as a descendant shall be confirmed. Proof of an individuals descendent status shall be a qualifying criterion for benefits authorized by the state for descendants. To accomplish these goals, the bureau shall include all of the following divisions:
128143
129-(a) A Genealogy Division to do all of the following:
144+15213. As part of its duties, the bureau shall determine how an individuals status as a descendant shall be confirmed. Proof of an individuals descendent status shall be a qualifying criteria criterion for benefits authorized by the state for descendants. To accomplish these goals, the bureau shall include all of the following divisions:(a) A Genealogy Division to do both all of the following:(1) Establish a process to certify descendants of American slaves.(2) Create a method for eligible individuals to submit claims and receive compensation or restitution for those particular harms California inflicted upon the claimant or their family.(3) Establish an equitable alternative qualifying criterion for benefits for descendants authorized by the state in cases where an individuals status as a descendant cannot be confirmed or proven.(b) A Property Reclamation Division to do all of the following:(1)Create a database of property ownership in the state.(2)(1) Research and document California state properties acquired as a result of racially-motivated eminent domain, including properties that no longer exist due to state highway construction or other development.(2) Create a database of property ownership in the state identifying properties acquired through racially motivated eminent domain or other discriminatory government action.(3) Review and investigate public complaints from people who claim their property was taken without just compensation.(4) Upon appropriation, distribute just compensation for the fair market value, adjusted for property price appreciation, of the property at the time of the taking.(5) Address cases where individuals experienced harm due to the policies and practices of state and local agencies.(c) An Education and Outreach Division to develop and implement a public education campaign regarding the cycle of gentrification, displacement, and exclusion; the connection between redlining and gentrification; and the history of discriminatory urban planning in California.(d) A Legal Affairs Division to provide do all of the following:(1) Provide legal advice, counsel, and services to the bureau and its officials, and to ensure officials.(2) Ensure that the bureaus programs are administered in accordance with applicable legislative authority. The division shall also advise(3) Advise the head of the bureau on legislative, legal, and regulatory initiatives and serve initiatives.(4) Serve as an external liaison on legal matters with other state agencies and other entities.(5) Conduct a review of past and current laws, as well as proposed legislation, to determine whether those measures have caused, are causing, or may continue to cause harm. The division shall provide recommendations to mitigate or eliminate any harm identified in its review.
145+
146+
147+
148+15213. As part of its duties, the bureau shall determine how an individuals status as a descendant shall be confirmed. Proof of an individuals descendent status shall be a qualifying criteria criterion for benefits authorized by the state for descendants. To accomplish these goals, the bureau shall include all of the following divisions:
149+
150+(a) A Genealogy Division to do both all of the following:
130151
131152 (1) Establish a process to certify descendants of American slaves.
132153
133154 (2) Create a method for eligible individuals to submit claims and receive compensation or restitution for those particular harms California inflicted upon the claimant or their family.
134155
135156 (3) Establish an equitable alternative qualifying criterion for benefits for descendants authorized by the state in cases where an individuals status as a descendant cannot be confirmed or proven.
136157
137158 (b) A Property Reclamation Division to do all of the following:
138159
160+(1)Create a database of property ownership in the state.
161+
162+
163+
164+(2)
165+
166+
167+
139168 (1) Research and document California state properties acquired as a result of racially-motivated eminent domain, including properties that no longer exist due to state highway construction or other development.
140169
141170 (2) Create a database of property ownership in the state identifying properties acquired through racially motivated eminent domain or other discriminatory government action.
142171
143-(3) Review and investigate public complaints from people who claim their property was taken without just compensation. compensation, pursuant to Article 2 (commencing with Section 15215).
172+(3) Review and investigate public complaints from people who claim their property was taken without just compensation.
144173
145-(4) Upon appropriation, distribute just compensation for the fair market value, adjusted for property price appreciation, of the property at the time of the taking. taking, pursuant to Article 2 (commencing with Section 15215).
174+(4) Upon appropriation, distribute just compensation for the fair market value, adjusted for property price appreciation, of the property at the time of the taking.
146175
147176 (5) Address cases where individuals experienced harm due to the policies and practices of state and local agencies.
148177
149178 (c) An Education and Outreach Division to develop and implement a public education campaign regarding the cycle of gentrification, displacement, and exclusion; the connection between redlining and gentrification; and the history of discriminatory urban planning in California.
150179
151-(d) A Legal Affairs Division to do all of the following:
180+(d) A Legal Affairs Division to provide do all of the following:
152181
153-(1) Provide legal advice, counsel, and services to the bureau and its officials.
182+(1) Provide legal advice, counsel, and services to the bureau and its officials, and to ensure officials.
154183
155-(2) Ensure that the bureaus programs are administered in accordance with applicable legislative authority.
184+(2) Ensure that the bureaus programs are administered in accordance with applicable legislative authority. The division shall also advise
156185
157-(3) Advise the head of the bureau on legislative, legal, and regulatory initiatives.
186+(3) Advise the head of the bureau on legislative, legal, and regulatory initiatives and serve initiatives.
158187
159188 (4) Serve as an external liaison on legal matters with other state agencies and other entities.
160189
161190 (5) Conduct a review of past and current laws, as well as proposed legislation, to determine whether those measures have caused, are causing, or may continue to cause harm. The division shall provide recommendations to mitigate or eliminate any harm identified in its review.
162-
163- Article 2. Property Reclamation Division15215. (a) The Legislature finds and declares that it is in the public interest to compensate victims of racially motivated eminent domain, which deprived citizens of just compensation for their property due to racially discriminatory motives. The unjust taking of land without fair compensation destroyed communities, forced many from their historical neighborhoods, deprived those persons of the fair value of their property, and, in many cases, prevented the accumulation of generational wealth. Providing compensation to these victims of racial discrimination will restore the value of wrongfully taken property to dispossessed owners and hold government entities responsible for those wrongful discriminatory acts.(b) This article shall govern the procedure by which dispossessed owners and their descendants may seek a determination that they were the victims of racially motivated eminent domain and seek the return of the taken property, other property of equal value, or financial compensation.15216. For purposes of this article, the following definitions apply:(a) Dispossessed owner means a person who has had property taken from them as a result of racially motivated eminent domain or a direct descendant of the person whose property was taken.(b) Publicly held property means property that is owned by the state or by the local agency that took possession of the property that is the subject of an application submitted pursuant to this article.15217. Upon appropriation by the Legislature, the Property Reclamation Division within the Bureau for Descendants of American Slavery shall do all of the following:(a) Accept applications from persons who claim they are the dispossessed owner.(b) (1) Review and investigate applications submitted under subdivision (a).(2) As part of its review, the division may request submission of additional information supporting the application that is reasonably necessary to verify the application, determine whether the applicant is a dispossessed owner, including determining whether the taking was racially motivated. If the division makes a request for additional documentation, it shall communicate that request to the applicant with a notice of the additional information required. The division shall consider any additional information provided by the applicant within 30 days of receipt.(c) After reviewing all of the relevant materials, determine whether the applicant is a dispossessed owner.(d) If the division determines that an applicant has established that they are a dispossessed owner pursuant to subdivision (c), the division shall determine both of the following:(1) The present day fair market value of the property that was taken as a result of racially motivated eminent domain.(2) Whether issuing property or just compensation to that dispossessed owner would serve to redress past acts of racial discrimination, prevent future acts of racial discrimination, and benefit the whole of the community and its general welfare.(e) If the division determines that issuing property or just compensation to the dispossessed owner is warranted pursuant to paragraph (2) of subdivision (d), the division shall certify that the dispossessed owner is entitled to one of the following:(1) If the taken property is still in the possession of the public entity that took the property, the return of the taken property.(2) If the taken property is no longer in the possession of the public entity that took the property, the division shall solicit from the state or local entity, as applicable, a list of recommendations of publicly held properties that are suitable as compensation and select a publicly held property as compensation.(3) If the taken property is no longer in the possession of the public entity that took the property and no publicly held property is suitable as compensation, financial compensation equal to the fair market value determined pursuant to paragraph (1) of subdivision (d).(f) If the division determines that an applicant is not a dispossessed owner or that issuing property or just compensation is not warranted, the division shall notify the applicant of its finding. The applicant may appeal the determination within 60 days of receiving the notice and provide additional information to support their claim. The division shall consider the appeal and any new information provided and issue a determination on the appeal within 120 days.15218. (a) If the state or local entity that took property by racially motivated eminent domain does not provide compensation in accordance with the divisions certification in subdivision (e) of Section 15217, the dispossessed owner may bring a claim for compensation under the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1).(b) A claim brought pursuant to this section shall not be subject to the statute of limitations, whether the action is brought before or after the enactment of this article.15219. (a) This article does not disturb or invalidate the title of any property taken by racially motivated eminent domain except against the state or local jurisdiction as set forth in this article.(b) Every finding, decision, determination, or other official act of the bureau is subject to judicial review in accordance with existing law.
164-
165- Article 2. Property Reclamation Division
166-
167- Article 2. Property Reclamation Division
168-
169-15215. (a) The Legislature finds and declares that it is in the public interest to compensate victims of racially motivated eminent domain, which deprived citizens of just compensation for their property due to racially discriminatory motives. The unjust taking of land without fair compensation destroyed communities, forced many from their historical neighborhoods, deprived those persons of the fair value of their property, and, in many cases, prevented the accumulation of generational wealth. Providing compensation to these victims of racial discrimination will restore the value of wrongfully taken property to dispossessed owners and hold government entities responsible for those wrongful discriminatory acts.(b) This article shall govern the procedure by which dispossessed owners and their descendants may seek a determination that they were the victims of racially motivated eminent domain and seek the return of the taken property, other property of equal value, or financial compensation.
170-
171-
172-
173-15215. (a) The Legislature finds and declares that it is in the public interest to compensate victims of racially motivated eminent domain, which deprived citizens of just compensation for their property due to racially discriminatory motives. The unjust taking of land without fair compensation destroyed communities, forced many from their historical neighborhoods, deprived those persons of the fair value of their property, and, in many cases, prevented the accumulation of generational wealth. Providing compensation to these victims of racial discrimination will restore the value of wrongfully taken property to dispossessed owners and hold government entities responsible for those wrongful discriminatory acts.
174-
175-(b) This article shall govern the procedure by which dispossessed owners and their descendants may seek a determination that they were the victims of racially motivated eminent domain and seek the return of the taken property, other property of equal value, or financial compensation.
176-
177-15216. For purposes of this article, the following definitions apply:(a) Dispossessed owner means a person who has had property taken from them as a result of racially motivated eminent domain or a direct descendant of the person whose property was taken.(b) Publicly held property means property that is owned by the state or by the local agency that took possession of the property that is the subject of an application submitted pursuant to this article.
178-
179-
180-
181-15216. For purposes of this article, the following definitions apply:
182-
183-(a) Dispossessed owner means a person who has had property taken from them as a result of racially motivated eminent domain or a direct descendant of the person whose property was taken.
184-
185-(b) Publicly held property means property that is owned by the state or by the local agency that took possession of the property that is the subject of an application submitted pursuant to this article.
186-
187-15217. Upon appropriation by the Legislature, the Property Reclamation Division within the Bureau for Descendants of American Slavery shall do all of the following:(a) Accept applications from persons who claim they are the dispossessed owner.(b) (1) Review and investigate applications submitted under subdivision (a).(2) As part of its review, the division may request submission of additional information supporting the application that is reasonably necessary to verify the application, determine whether the applicant is a dispossessed owner, including determining whether the taking was racially motivated. If the division makes a request for additional documentation, it shall communicate that request to the applicant with a notice of the additional information required. The division shall consider any additional information provided by the applicant within 30 days of receipt.(c) After reviewing all of the relevant materials, determine whether the applicant is a dispossessed owner.(d) If the division determines that an applicant has established that they are a dispossessed owner pursuant to subdivision (c), the division shall determine both of the following:(1) The present day fair market value of the property that was taken as a result of racially motivated eminent domain.(2) Whether issuing property or just compensation to that dispossessed owner would serve to redress past acts of racial discrimination, prevent future acts of racial discrimination, and benefit the whole of the community and its general welfare.(e) If the division determines that issuing property or just compensation to the dispossessed owner is warranted pursuant to paragraph (2) of subdivision (d), the division shall certify that the dispossessed owner is entitled to one of the following:(1) If the taken property is still in the possession of the public entity that took the property, the return of the taken property.(2) If the taken property is no longer in the possession of the public entity that took the property, the division shall solicit from the state or local entity, as applicable, a list of recommendations of publicly held properties that are suitable as compensation and select a publicly held property as compensation.(3) If the taken property is no longer in the possession of the public entity that took the property and no publicly held property is suitable as compensation, financial compensation equal to the fair market value determined pursuant to paragraph (1) of subdivision (d).(f) If the division determines that an applicant is not a dispossessed owner or that issuing property or just compensation is not warranted, the division shall notify the applicant of its finding. The applicant may appeal the determination within 60 days of receiving the notice and provide additional information to support their claim. The division shall consider the appeal and any new information provided and issue a determination on the appeal within 120 days.
188-
189-
190-
191-15217. Upon appropriation by the Legislature, the Property Reclamation Division within the Bureau for Descendants of American Slavery shall do all of the following:
192-
193-(a) Accept applications from persons who claim they are the dispossessed owner.
194-
195-(b) (1) Review and investigate applications submitted under subdivision (a).
196-
197-(2) As part of its review, the division may request submission of additional information supporting the application that is reasonably necessary to verify the application, determine whether the applicant is a dispossessed owner, including determining whether the taking was racially motivated. If the division makes a request for additional documentation, it shall communicate that request to the applicant with a notice of the additional information required. The division shall consider any additional information provided by the applicant within 30 days of receipt.
198-
199-(c) After reviewing all of the relevant materials, determine whether the applicant is a dispossessed owner.
200-
201-(d) If the division determines that an applicant has established that they are a dispossessed owner pursuant to subdivision (c), the division shall determine both of the following:
202-
203-(1) The present day fair market value of the property that was taken as a result of racially motivated eminent domain.
204-
205-(2) Whether issuing property or just compensation to that dispossessed owner would serve to redress past acts of racial discrimination, prevent future acts of racial discrimination, and benefit the whole of the community and its general welfare.
206-
207-(e) If the division determines that issuing property or just compensation to the dispossessed owner is warranted pursuant to paragraph (2) of subdivision (d), the division shall certify that the dispossessed owner is entitled to one of the following:
208-
209-(1) If the taken property is still in the possession of the public entity that took the property, the return of the taken property.
210-
211-(2) If the taken property is no longer in the possession of the public entity that took the property, the division shall solicit from the state or local entity, as applicable, a list of recommendations of publicly held properties that are suitable as compensation and select a publicly held property as compensation.
212-
213-(3) If the taken property is no longer in the possession of the public entity that took the property and no publicly held property is suitable as compensation, financial compensation equal to the fair market value determined pursuant to paragraph (1) of subdivision (d).
214-
215-(f) If the division determines that an applicant is not a dispossessed owner or that issuing property or just compensation is not warranted, the division shall notify the applicant of its finding. The applicant may appeal the determination within 60 days of receiving the notice and provide additional information to support their claim. The division shall consider the appeal and any new information provided and issue a determination on the appeal within 120 days.
216-
217-15218. (a) If the state or local entity that took property by racially motivated eminent domain does not provide compensation in accordance with the divisions certification in subdivision (e) of Section 15217, the dispossessed owner may bring a claim for compensation under the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1).(b) A claim brought pursuant to this section shall not be subject to the statute of limitations, whether the action is brought before or after the enactment of this article.
218-
219-
220-
221-15218. (a) If the state or local entity that took property by racially motivated eminent domain does not provide compensation in accordance with the divisions certification in subdivision (e) of Section 15217, the dispossessed owner may bring a claim for compensation under the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1).
222-
223-(b) A claim brought pursuant to this section shall not be subject to the statute of limitations, whether the action is brought before or after the enactment of this article.
224-
225-15219. (a) This article does not disturb or invalidate the title of any property taken by racially motivated eminent domain except against the state or local jurisdiction as set forth in this article.(b) Every finding, decision, determination, or other official act of the bureau is subject to judicial review in accordance with existing law.
226-
227-
228-
229-15219. (a) This article does not disturb or invalidate the title of any property taken by racially motivated eminent domain except against the state or local jurisdiction as set forth in this article.
230-
231-(b) Every finding, decision, determination, or other official act of the bureau is subject to judicial review in accordance with existing law.
232-
233-SEC. 3. The Legislature finds and declares that the addition of Chapter 4 (commencing with Section 15210) to Part 6 of Division 3 of Title 2 of the Government Code by this act serves a public purpose and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution by redressing past acts of racial discrimination, preventing future acts of racial discrimination, and benefitting the whole of the community and its general welfare.
234-
235-SEC. 3. The Legislature finds and declares that the addition of Chapter 4 (commencing with Section 15210) to Part 6 of Division 3 of Title 2 of the Government Code by this act serves a public purpose and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution by redressing past acts of racial discrimination, preventing future acts of racial discrimination, and benefitting the whole of the community and its general welfare.
236-
237-SEC. 3. The Legislature finds and declares that the addition of Chapter 4 (commencing with Section 15210) to Part 6 of Division 3 of Title 2 of the Government Code by this act serves a public purpose and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution by redressing past acts of racial discrimination, preventing future acts of racial discrimination, and benefitting the whole of the community and its general welfare.
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239-### SEC. 3.
240-
241-SEC. 4. 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.
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243-SEC. 4. 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.
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245-SEC. 4. 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.
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247-### SEC. 4.