Today's Law As Amended


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SB-61 University of California: California Native American Graves Protection and Repatriation Act of 2001.(2023-2024)



As Amends the Law Today


SECTION 1.

 Article 2.8 (commencing with Section 92617) is added to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code, to read:

Article  2.8. California Native American Graves Protection and Repatriation Act of 2001
92617.
 As used in this article, the following definitions apply:
(a) “Federal act” means the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.).
(b) “Institution” means a campus of the University of California.
(c) “State act” means the California Native American Graves Protection and Repatriation Act of 2001 (Chapter 5 (commencing with Section 8010) of Part 2 of Division 7 of the Health and Safety Code).
92617.1.
 It is the intent of the Legislature to ensure that all of the following occurs:
(a) The University of California reports each institution’s progress towards completing repatriation pursuant to the state act.
(b) The office of the President of the University of California provides available funding to sufficiently support each institution’s efforts towards completing repatriation pursuant to the state act.
(c) Membership of the University of California’s systemwide and institution-level Native American Graves Protection and Repatriation Act Implementation and Oversight Committees established pursuant to Section 8026 of the Health and Safety Code have individuals with different types of educational backgrounds.
92617.2.
 As a condition for using state funds to handle and maintain Native American human remains and cultural items, the office of the President of the University of California shall comply with all of the following:
(a) To ensure that institutions identify all of the Native American human remains and cultural items in their collections under the state act, develop and implement a plan for completing a comprehensive search of all University of California curation facilities, repositories, displays, laboratories, teaching facilities, faculty and departmental offices, and any other location where misidentified, mishandled, misfiled, miscatalogued, lost, or undocumented Native American human remains or cultural items may be used or stored.
(b) To ensure that institutions appropriately respond to all Native American human remains and cultural items they find in the future, issue guidance, on or before July 1, 2024, about how institutions should proactively work with California Indian tribes to facilitate repatriation of those items.
(c) To ensure that institutions comply with the state act and appropriately consult with California Indian tribes, establish a uniform process, on or before July 1, 2024, that institutions follow when consulting with California Indian tribes about all Native American human remains and cultural items in the institutions’ inventories.
(d) To ensure that institutions provide appropriate resources and oversight to the administration of the state act, require institutions with collections of Native American human remains representing a minimum number of at least 20 individuals, in whole or in part, to have full-time repatriation coordinators on or before July 1, 2024.
(e) To ensure that institutions fully repatriate their collections in a timely and consistent manner, comply with both of the following:
(1) Require institutions to complete and submit detailed repatriation plans, on or before July 1, 2024, for review and approval by the campus-level Native American Graves Protection and Repatriation Act Implementation and Oversight Committee, and the systemwide Native American Graves Protection and Repatriation Act Implementation and Oversight Committee, established pursuant to Section 8026 of the Health and Safety Code. The repatriation plans shall include a detailed budget.
(2) Prohibit institutions from accessing collections of Native American human remains and cultural items for any purpose, except as provided in this article and the state and federal acts, until they comply with paragraph (1).
(f) Provide funding to support institution-level repatriation efforts and ensure that institutions identify adequate funding sources in their detailed budgets established pursuant to subdivision (e).