Connecticut 2021 2021 Regular Session

Connecticut House Bill HB06203 Comm Sub / Bill

Filed 03/17/2021

                     
 
 
 
 
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General Assembly  Committee Bill No. 6203  
January Session, 2021  
LCO No. 5527 
 
 
Referred to Committee on GOVERNMENT ADMINISTRATION 
AND ELECTIONS  
 
 
Introduced by:  
(GAE)  
 
 
 
AN ACT EXEMPTING CER TAIN RECORDS CONCERN ING NATIVE 
AMERICAN CULTURAL KNOWLEDGE FROM PUBLI C DISCLOSURE 
UNDER THE FREEDOM OF INFORMATION ACT. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. (NEW) (Effective October 1, 2021) (a) As used in this section, 1 
(1) "records of traditional cultural knowledge" means records containing 2 
information central to a community's cultural and social identity, 3 
including, but not limited to, religious rites and rituals, location of 4 
sacred sites, kinship membership statistics and oral histories and 5 
traditions; (2) "tribal nation" means any Indian tribe or Native Hawaiian 6 
organization, as defined under NAGPRA, or any tribe recognized by 7 
one or more state governments; and (3) "NAGPRA" means the Native 8 
American Graves Protection and Repatriation Act, 25 USC 3001 et seq. 9 
(b) Any record of traditional cultural knowledge submitted by a 10 
member, representative or lineal descendant of a tribal nation to any 11 
public agency, as defined in section 1-200 of the general statutes, as part 12 
of the consultation process to determine cultural affiliation under 13 
NAGPRA and its implementing regulations, 43 CFR 10, shall not be 14    
Committee Bill No.  6203 
 
 
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deemed a public record and shall not be subject to disclosure under the 15 
Freedom of Information Act, as defined in section 1-200 of the general 16 
statutes.  17 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2021 New section 
  
 
Statement of Purpose:   
To facilitate the repatriation of Native American remains and artifacts 
by enabling state institutions to keep confidential any records provided 
as evidence that ancestral remains or artifacts were affiliated with a 
particular tribe. 
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except 
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not 
underlined.] 
 
Co-Sponsors:  REP. HADDAD, 54th Dist.  
 
H.B. 6203