BILL NUMBER: SB 645	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 7, 2005
	PASSED THE ASSEMBLY  SEPTEMBER 6, 2005
	AMENDED IN ASSEMBLY  AUGUST 25, 2005
	AMENDED IN ASSEMBLY  JULY 12, 2005
	AMENDED IN SENATE  MAY 17, 2005
	AMENDED IN SENATE  APRIL 4, 2005

INTRODUCED BY   Senator Dunn
   (Coauthors: Assembly Members Evans, Jones, Laird, and Nunez)

                        FEBRUARY 22, 2005

   An act to add Chapter 3.2 (commencing with Section 8253) to
Division 1 of Title 2 of the Government Code, relating to Mexican
repatriation.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 645, Dunn  Mexican repatriation: commission.
   (1) Existing law establishes various advisory boards and
commissions in state government with specified duties and
responsibilities.
   This bill would, until January 1, 2008, create The Commission on
the Unconstitutional Deportation of American Citizens During the 1930'
s within state government. The bill would require the commission to,
among other things, gather facts regarding, and conduct a study of,
the unconstitutional removal and coerced emigration of United States
citizens and legal residents of Mexican descent, between 1929 and
1944, to Mexico during the 1930's "Repatriation" Program.
   The bill would require the commission to hold public hearings and
make a written report to the Governor and the Legislature concerning
its actions and its findings and recommendations not later than July
1, 2009. The bill would provide that the commission may apply for and
accept private funding once the commission has been convened. The
bill would preclude expenditure of state funds for these purposes.
   The bill would provide that the commission terminates 6 months
after it transmits its final report to the Governor and the
Legislature on July 1, 2009.
   (2) The bill would also establish the 1930's Reparations Fund in
the General Fund and a 9-member board of directors appointed by the
Governor with the consent of the Senate, with specified duties for
administering the fund and making compensation to eligible
individuals. The bill would specify the duties of the board and
require the board to make a report on its activities to the Governor
and the Legislature beginning every 6 months after the first meeting
of the board. The board would terminate 90 days after the termination
of the fund.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Chapter 3.2 (commencing with Section 8253) is added to
Division 1 of Title 2 of the Government Code, to read:
      CHAPTER 3.2.  THE COMMISSION ON THE UNCONSTITUTIONAL
DEPORTATION OF AMERICAN CITIZENS DURING THE 1930'S

   8253.  The Legislature finds and declares all of the following:
   (a) Beginning in 1929, government authorities and certain private
sector entities in California and throughout the United States
undertook an aggressive program to forcibly remove persons of Mexican
ancestry from the United States.
   (b) In California alone, approximately 400,000 American citizens
and legal residents of Mexican ancestry were forced to leave to
Mexico.
   (c) In total, it is estimated that two million people of Mexican
ancestry were forcibly relocated to Mexico, approximately 1.2 million
of whom had been born in the United States, including the State of
California.
    (d) Throughout California, massive raids were conducted on
Mexican-American communities, resulting in the clandestine removal of
thousands of people, many of whom were never able to return to the
United States, their country of birth.
   (e) These raids also had the effect of coercing thousands of
people to leave the country in the face of threats and acts of
violence.
   (f) These raids targeted persons of Mexican ancestry, with
authorities and others indiscriminately characterizing these persons
as "illegal aliens" even when they were United States citizens or
permanent legal residents.
   (g) Authorities in California and other states instituted programs
to wrongfully remove persons of Mexican ancestry and secure
transportation arrangements with railroads, automobiles, ships, and
airlines to effectuate the wholesale removal of persons out of the
United States to Mexico.
   (h) As a result of these illegal activities, families were forced
to abandon, or were defrauded of, personal and real property, which
often was sold by local authorities as "payment" for the
transportation expenses incurred in their removal from the United
States to Mexico.
   (i) As a further result of these illegal activities, United States
citizens and legal residents were separated from their families and
country and were deprived of their livelihood and United States
constitutional rights.
    (j) As a further result of these illegal activities, United
States citizens were deprived of the right to participate in the
political process guaranteed to all citizens, thereby resulting in
the tragic denial of due process and equal protection of the laws.
   8253.1.   (a) The Commission on the Unconstitutional Deportation
of American Citizens During the 1930's is hereby established within
state government.
   (b) The commission shall be composed of 12 voting members, who
shall be appointed as follows:
   (1) Four members appointed by the Governor, not subject to Senate
confirmation.
   (2) Four members appointed by the Senate Committee on Rules.
   (3) Four members appointed by the Speaker of the Assembly.
   (c) The commission shall also include the following:
   (1) Two ex officio, nonvoting members of the Senate appointed by
the Senate Committee on Rules.
   (2) Two ex officio, nonvoting members of the Assembly appointed by
the Speaker of the Assembly.
   (d) Of the four members appointed by the Governor, the four
members appointed by the Senate Committee on Rules and the four
members appointed by the Speaker of the Assembly, as set forth in
subdivision (b), each of the four shall include one of each of the
following:
    (1) A California public university professor.
   (2) An attorney in private practice in California.
   (3) A representative of a nonprofit organization that advocates on
behalf of Latinos and immigrants.
   (4) A public member.
   (e) The term of office for all members shall be for the duration
of the commission. A vacancy in the commission shall not affect its
powers, and shall be filled in the same manner in which the original
appointment was made.
   (f) Seven members of the commission shall constitute a quorum, but
a lesser number may hold meetings and hearings.
    (g) The commission shall elect a chair and vice chair from among
its members. The term of office of each shall be for the duration of
the commission.
   (h) Members of the commission shall serve without compensation.
All members of the commission may be reimbursed for travel,
subsistence, and other necessary expenses incurred by them in the
performance of their duties if funds are available for these
purposes. No state funds, other than private donations available to
the commission pursuant to this chapter, shall be appropriated to
reimburse members for expenses or for any other purpose under this
chapter.
   8253.2.  (a) It shall be the duty of the commission to gather
facts regarding, and conduct a study of, the unconstitutional removal
and coerced emigration of United States citizens and legal residents
of Mexican descent, between 1929 and 1944, to Mexico, during the
government sponsored repatriation program of the 1930's.
   (b) The commission shall hold public meetings or hearings in any
city that the commission deems necessary and proper.
   (c) The commission shall make recommendations to the Governor and
the Legislature including, but not limited to, all of the following:

   (1) Altering California public schools' curricula to include the
unconstitutional removal and coerced emigration of American citizens
and legal residents to Mexico during the 1930's, as described in
Section 8253.
   (2) Determining responsibility for the unconstitutional removal
and coerced emigration of American citizens and legal residents to
Mexico during the 1930's.
   (3) Implementing the fund, as set forth in Section 8254 including:

   (A) Determining the appropriate monetary compensation for eligible
recipients of the fund.
   (B) Establishing eligibility criteria for compensation under the
fund.
   (C) Recommending redress legislation necessary to activate the
fund.
   (4) The commission may make other findings or recommendations it
deems necessary to discharge its duties.
   (d) The commission shall submit a written report of its findings
and recommendations to the Governor and the Legislature within two
years after the commission has commenced its research and study, as
set forth in subdivision (a) of Section 8253.2.
   8253.3.  (a) The commission may authorize any subcommittee or
member thereof, for the purpose of carrying out this chapter, to hold
hearings and sit and act at those times and places, and request the
attendance and testimony of those witnesses and the production of
books, records, correspondence, memoranda, papers, and documents that
the commission or any subcommittee or member thereof may deem
advisable.
   (b) The commission may acquire directly from the head of any
department, agency, independent instrumentality, or other authority
of the executive and legislative branches of state government, any
and all necessary information that the commission considers useful in
the discharge of its duties. All departments, agencies, and
independent instrumentalities, or other authorities of the executive
and legislative branches of state government shall cooperate with the
commission and furnish all information requested by the commission.

   (c) The commission may acquire directly from the head of any
department, agency, independent instrumentality, or other authority
of local government, at the discretion of the head of the relevant
authority of local government, any and all necessary information that
the commission considers useful in the discharge of its duties.
   8253.4.  (a) The commission is authorized to do all of the
following:
   (1) Appoint and fix the compensation of personnel as may be
necessary.
   (2) Obtain the services of experts and consultants.
   (3) Enter into agreements for procurement of necessary financial
and administrative services, for which payment shall be made by
reimbursement from funds of the commission.
   (4) Procure supplies, services, and property, and make contracts,
for which payment shall be made by reimbursement from funds of the
commission.
   (5) Enter into contracts with state or federal agencies, private
firms, institutions, and agencies for the conduct of research or
surveys, the preparation of reports, and other activities necessary
to the discharge of its duties.
   (b) The commission shall, not later than July 1, 2009, transmit a
final report to the Governor and the Legislature concerning its
actions and its findings and recommendations.
   8253.6.  (a) Private sources may deposit gifts, donations, and
other financial support with the state for the purposes of this
chapter.
   (b) Once the commission has been convened, it may then apply for
and accept grants and receive gifts, donations, and other financial
support from private sources for purposes of this chapter, subject to
the requirements of Sections 11005 and 11005.1.
   (c)  No state funds shall be used to support the commission
   8253.7.  The commission shall end, and its duties under Sections
8253.2, 8253.3, and 8253.4 shall be revoked, not later than six
months after it has transmitted a final report to the Governor and
the Legislature concerning its actions and its findings and
recommendations under subdivision (b) of Section 8253.4.
   8254.  There is established the 1930's Reparations Fund
(hereinafter the fund) in the General Fund. There is also established
the 1930's Reparations Fund Board of Directors (hereinafter the
board), which shall be responsible for making disbursements from the
fund upon appropriation by the Legislature in the manner provided in
this section and Section 8254.1.
   (a) The board shall do all of the following:
   (1) Designate an officer or employee to whom individuals may
submit claims of eligibility for disbursement from the fund in a
manner prescribed by the board.
   (2) Maintain a list of all individuals who submit claims of
eligibility for disbursement from the fund.
   (3) Encourage, through a public awareness campaign, all eligible
individuals to notify the board of his or her claim of eligibility
for disbursement from the fund, including his or her current address.

   (b) An eligible individual may notify the board of his or her
claim of eligibility for disbursement from the fund in a manner
prescribed by the board, and may provide supporting documentation.
   (c) Every individual who has submitted a claim of eligibility for
disbursement from the fund in the manner prescribed by the board
pursuant to subdivision (b) shall be notified promptly by the board
in writing of his or her determination of eligibility for
compensation under this section and the provisions of subdivisions
(d), (e), and (f).
   (d) The acceptance of compensation by an eligible individual shall
be in full satisfaction of all claims against the State of
California arising out of the acts described in Section 8253.
   (e) If an individual determined by the board to be eligible for
compensation refuses to accept compensation, that refusal shall be
communicated in writing to the board and that amount of compensation
shall remain in the fund. No compensation from the fund may be made
to that individual at any time after his or her refusal.
   (f) If an individual determined by the board to be eligible for
compensation neither refuses nor accepts compensation, the amount of
the compensation shall remain in the fund and no compensation from
the fund may be made to that individual at any time.
   (g) No individual who is determined by the board to be eligible
for compensation from the fund may bring any legal action against the
state for any of the acts described in Section 8253 if the
Legislature appropriates moneys to carry out the purpose of this
chapter, whether or not the individual accepts compensation, refuses
compensation, or neither refuses nor accepts compensation.
   (h) No compensation may be made to any individual who accepts
payment pursuant to an award of a final judgment or a settlement on a
claim against the State of California brought pursuant to Section
354.9 of the Code of Civil Procedure, for any of the acts described
in Section 8253.
   (i) The board shall endeavor to make compensation to eligible
individuals in the order of date of birth, beginning with the oldest
individual on the date of the enactment of this act, until all
eligible individuals have received compensation in full.
   (j) In attempting to locate an eligible individual, the board may
use any facility or resource of any public or nonprofit organization
or any other record, document, or information that may be made
available to the board.
   (k) No costs incurred by the board shall be set off against, or
otherwise deducted from, any compensation to any eligible individual.

   8254.1.  (a) The board may make disbursements from the fund as to
either of the following:
   (1) To publish and distribute any information they deem necessary.

   (2) For reasonable administrative expenses of the board, including
expenses incurred under subdivisions (c) and (f).
   (b) The board shall be composed of nine members appointed by the
Governor with the consent of the Senate.
   (1) Except as provided in paragraphs (2) and (3), members shall be
appointed for terms of three years.
   (2) Of the members first appointed, four shall be appointed for
terms of two years, as designated by the Governor at the time of
appointment.
   (3) Any member appointed to fill a vacancy occurring before the
expiration of that member's term shall be appointed only for the
remainder of that term. A member may serve after the expiration of a
member's term until a new member is appointed. No person may be
appointed as a member for more than two consecutive terms.
   (c) Members of the board shall serve without pay, except that
members of the board shall be entitled to reimbursement for travel,
subsistence, and other necessary expenses incurred by them in
carrying out the duties of the board.
   (d) Five members of the board shall constitute a quorum.
   (e) The chair of the board shall be elected by the members of the
board.
   (f) The board shall have an executive director who shall be
appointed by the board. The board may appoint and fix the pay of
additional staff as it may require.
   (g) The board may accept, use, and dispose of gifts or donations
of services or property for the purposes authorized under subdivision
(a).
   (h) Not later than 12 months after the first meeting of the board
and every six months thereafter, the board shall transmit to the
Governor and to the Legislature a report describing the activities of
the board.
   (i) Ninety days after the termination of the fund, the board shall
terminate and all obligations of the board under this chapter shall
cease.
   8254.2  The provisions of this chapter are severable. If any
provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.