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AB-1815 Cultural heritage destruction: California universities and museums.(2021-2022)



Current Version: 04/21/22 - Amended Assembly

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AB1815:v97#DOCUMENT

Amended  IN  Assembly  April 21, 2022
Amended  IN  Assembly  March 17, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1815

Introduced by Assembly Member Nazarian

February 07, 2022

An act to add Chapter 14 (commencing with Section 20095) to Part 11 of Division 1 of Title 1 of, and to add Chapter 13 (commencing with Section 67130) to Part 40 of Division 5 of Title 3 of, the Education Code, relating to cultural heritage.


LEGISLATIVE COUNSEL'S DIGEST


AB 1815, as amended, Nazarian. Cultural heritage destruction: California universities and museums.
Existing law, known as the Donahoe Higher Education Act, provides for a public postsecondary education system in the state. Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges, the California State University under the administration of the Trustees of the California State University, and the University of California under the administration of the Regents of the University of California as the 3 segments of public postsecondary education in the state.
This bill would prohibit the California Community Colleges and the California State University from inviting, and would request the University of California to not invite, a sponsored professor, as defined, to its campus or facility for a period of 10 years if the professor is employed by a college or university that is funded by a country that has received an adverse judgment regarding the destruction of cultural heritage artifacts or sites by the International Court of Justice, as specified.
Existing law, the California Cultural and Historical Endowment Act, establishes the California Cultural and Historical Endowment in the Natural Resources Agency. Among other things, the act authorizes the endowment to make grants and loans on a competitive basis to public agencies and nonprofit organizations, as defined, to encourage development of California’s historical and cultural resources.
The bill would prohibit a museum in California that receives public funding from displaying any item or artifact from a country, country-funded item or artifact, or sending to a country or receiving from a country any item or artifact, for a period of 10 years if that country has received an adverse judgment by the International Court of Justice regarding its destruction of cultural heritage artifacts or sites, as specified. The bill would also authorize a museum in California that receives public funding to prohibit the display an item or artifact that is suspiciously country-funded if that country has received an adverse judgment by the International Court of Justice regarding the country’s destruction of cultural heritage artifacts or sites, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The United Nations defines “cultural heritage destruction” as the intentional destruction of tangible, intangible, and natural heritage.
(b) Tangible heritage includes, but is not limited to, movable objects such as paintings, sculptures, coins, and manuscripts; immovable objects such as monuments and archaeological sites; and underwater objects such as shipwrecks, underwater ruins, and cities.
(c) Intangible heritage includes, but is not limited to, oral traditions, performing arts, and rituals.
(d) Natural heritage includes, but is not limited to, natural sites with cultural aspects such as cultural landscapes and physical, biological, or geological formations.
(e) Cultural heritage destruction is widely viewed as part and parcel with genocide.
(f) The International Court of Justice acts as an international arbiter between countries.
(g) In disputes between countries, the International Court of Justice has voted to take all necessary measures to, among other things, prevent and punish acts of vandalism and desecration affecting cultural heritage.
(h) The International Court of Justice can issue judgments in disputes between countries, but the International Court of Justice has no powers of enforcement.
(i) As a desired destination for billions across the globe, California has not sufficiently used its cultural leverage to help prevent and punish acts of cultural heritage destruction.
(j) California universities are some of the most prestigious universities in the world with some of the most coveted teaching positions.
(k) Publicly funded museums in California are some of the most utilized spaces to view artifacts in the world.
(l) Publicly funded museums in California provide foreign governments with the opportunity to display their cherished artifacts.
(m) The ability to display these artifacts at publicly funded museums in California provides foreign governments with the opportunity to develop soft power capabilities.

SEC. 2.

 Chapter 14 (commencing with Section 20095) is added to Part 11 of Division 1 of Title 1 of the Education Code, to read:
CHAPTER  14. Cultural Heritage Destruction

20095.
 (a) A museum in California that receives public funding shall not display any item or artifact from a country, country-funded item or artifact, including, but not limited to, a cultural artifact, for the specified period if that country has received an adverse judgment by the International Court of Justice regarding the country’s destruction of cultural heritage artifacts or sites.
(b) A museum in California that receives public funding may prohibit the display of any item or artifact, including, but not limited to, a cultural artifact, that is suspiciously country-funded if that country has received an adverse judgment by the International Court of Justice regarding the country’s destruction of cultural heritage artifacts or sites.

(b)

(c) A museum in California that receives public funding shall neither send to a country, nor receive from a country, any item or artifact, including, but not limited to, a cultural artifact, for the specified period if that country has received an adverse judgment by the International Court of Justice regarding the country’s destruction of cultural heritage artifacts or sites.

(c)As used in this section, “specified period” means a period of 10 years commencing with the date of the relevant judgment of the International Court of Justice involving the destruction of cultural heritage artifacts or sites.

SEC. 3.

 Chapter 13 (commencing with Section 67130) is added to Part 40 of Division 5 of Title 3 of the Education Code, to read:
CHAPTER  13. Cultural Heritage Destruction

67130.
 (a) The California Community Colleges and the California State University and each campus, branch, or function thereof shall, and the University of California is requested to, not invite a sponsored professor to its campus or facility for the specified period if the sponsored professor is employed by a college or university that is funded by a country that has received an adverse judgment regarding the country’s destruction of cultural heritage artifacts or sites by the International Court of Justice.

(b)As used in this section, the following terms have the following meanings:

(1)“Specified period” means a period of 10 years commencing with the date of the relevant judgment of the International Court of Justice involving the destruction of cultural heritage artifacts or sites.

(2)“Sponsored

(b) As used in this section, “sponsored professor” means a person who participates in or observes teaching, research, or public service activities for more than 10 consecutive days, not including weekends or campus holidays, in collaboration with an employee or student of a California college or university described in subdivision (a).