BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                  SB 1034|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                              UNFINISHED BUSINESS


          Bill No:  SB 1034
          Author:   Ducheny (D)
          Amended:  8/2/10
          Vote:     27

           
           SENATE NATURAL RES. & WATER COMMITTEE  :  6-3, 3/23/10
          AYES:  Pavley, Kehoe, Lowenthal, Padilla, Simitian, Wolk
          NOES:  Cogdill, Hollingsworth, Huff

           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 4/20/10
          AYES:  Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,  
            Wright
           
          SENATE APPROPRIATIONS COMMITTEE :  Senate Rule 28.8

           SENATE FLOOR  :  31-0, 5/10/10
          AYES:  Aanestad, Alquist, Ashburn, Calderon, Cedillo,  
            Cogdill, Correa, Cox, DeSaulnier, Ducheny, Florez,  
            Hancock, Hollingsworth, Huff, Kehoe, Leno, Lowenthal,  
            Negrete McLeod, Padilla, Pavley, Price, Romero, Runner,  
            Simitian, Steinberg, Strickland, Walters, Wolk, Wright,  
            Wyland, Yee
          NO VOTE RECORDED:  Corbett, Denham, Dutton, Harman, Liu,  
            Oropeza, Wiggins, Vacancy, Vacancy

           ASSEMBLY FLOOR  :  78-0, 8/12/10 (Consent) - See last page  
          for vote


           SUBJECT  :    Archaeological resources:  restitution

           SOURCE :     Society for California Archaeology
                                                           CONTINUED





                                                               SB 1034
                                                                Page  
          2



           DIGEST  :    This bill increases the misdemeanor penalty for  
          knowingly and willfully excavating, removing, destroying,  
          or defacing any historic or prehistoric ruins, burial  
          grounds, archaeological or paleontological site situated on  
          public lands from a fine of up to $1,000 and/or up to six  
          months in county jail, to a fine of up to $10,000 and/or up  
          to one year in county jail. 

           Assembly Amendments  strengthen penalties and add an  
          appropriation to restore and repair archaeological  
          resources.

           ANALYSIS  :    Existing law prohibits a person from knowingly  
          and willfully excavating upon, or removing, destroying,  
          injuring, or defacing, any historic or prehistoric ruins,  
          burial grounds, archaeological or vertebrate  
          paleontological site, including fossilized footprints,  
          inscriptions made by human agency, rock art, or any other  
          archaeological, paleontological, or historical feature,  
          situated on public lands, as defined.  A violation of this  
          prohibition is a misdemeanor.

          This bill: 

          1. Increases the misdemeanor penalty for knowingly and  
             willfully excavating, removing, destroying, or defacing  
             any historic or prehistoric ruins, burial grounds,  
             archaeological or paleontological site situated on  
             public lands from a fine of up to $1,000 and/or up to  
             six months in county jail, to a fine of up to $10,000  
             and/or up to one year in county jail. 

          2. Adds an appropriation for the restoration and repair of  
             archaeological resources.

          3. Requires the court to order restitution, unless the  
             court finds compelling reasons not to do so, to the  
             state agency with primary jurisdiction over the public  
             lands where the violation occurred.  The restitution  
             amount shall be based on the commercial and  
             archaeological value of the property and the cost of  
             restoration and repair of archaeological resources  







                                                               SB 1034
                                                                Page  
          3

             damaged as a result of the violation. 

          4. Specifies the following property is subject to  
             forfeiture after conviction for damaging an  
             archaeological site: 

             A.    The archaeological resource that was the subject  
                of the violation, if in the possession of the person.  


             B.    The vehicle used in connection with the violation  
                if it was specifically designed to assist in the  
                commission of the crime.  The vehicle will be  
                released if the legal owner of the vehicle is not the  
                person convicted, or if another has a community  
                property interest in the vehicle and there is no  
                other vehicle available to that other party. 

             C.    Equipment used in the violation. 

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  5/3/10)

          Society for California Archaeology (source) 
          Barona Band of Mission Indians
          California Communities United Institute
          California State Park Rangers Association
          California State Parks Foundation
          Maritime Museum of San Diego
          Save Our Heritage Organisation
          The Trust for Public Land


           ARGUMENTS IN SUPPORT  :    The author states that "Current  
          state law does not adequately protect our archaeological  
          resources and provide for adequate restitution when those  
          resources are damaged.  The federal Archaeological  
          Resources Protection Act (ARPA) is far more stringent and  
          does a better job of protecting irreplaceable artifacts.   
          Currently, state law contains penalties that are far lower  
          and impart minimal financial burden upon criminals caught  
          damaging archaeological resources on state lands.  In  







                                                               SB 1034
                                                                Page  
          4

          addition, state law does not contain provisions for the  
          determination of archaeological value and the cost of  
          restoration.  By adopting stricter penalties and aligning  
          state and federal laws, the state will improve its ability  
          to deter illegal excavations, enforce stricter penalties  
          for these illegal activities and ensure that California  
          counties to be a responsible steward of these precious  
          resources."


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Tom Berryhill, Blakeslee, Block,  
            Blumenfield, Bradford, Brownley, Buchanan, Caballero,  
            Charles Calderon, Carter, Chesbro, Conway, Cook, Coto,  
            Davis, De La Torre, De Leon, DeVore, Eng, Evans, Feuer,  
            Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,  
            Galgiani, Garrick, Gatto, Gilmore, Hagman, Hall, Harkey,  
            Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,  
            Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,  
            Mendoza, Miller, Monning, Nava, Nestande, Niello,  
            Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,  
            Saldana, Silva, Skinner, Smyth, Solorio, Audra  
            Strickland, Swanson, Torlakson, Torres, Torrico, Tran,  
            Villines, Yamada, John A. Perez
          NO VOTE RECORDED:  Norby, Vacancy


          CTW:mw  8/17/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****