BILL NUMBER: AB 404 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 25, 2011
AMENDED IN ASSEMBLY MARCH 8, 2011
INTRODUCED BY Assembly Member Gatto
( Coauthor: Assembly Member
Galgiani )
FEBRUARY 14, 2011
An act to add Chapter 5.6 (commencing with Section 66360)
to Part 40 of Division 5 of Title 3 of the Education Code, relating
to postsecondary education. An act to add Chapter 1.78
(commencing with Section 5097.1000) to Division 5 of the Public
Resources Code, relating to Native Americans.
LEGISLATIVE COUNSEL'S DIGEST
AB 404, as amended, Gatto. Public postsecondary
education: Native American Linguistic Institute.
Native American language preservation.
Existing law establishes the California Indian Heritage Center
Task Force within the Department of Parks and Recreation. Existing
law requires the task force to have certain duties and
responsibilities including the responsibility of establishing and
maintaining communication between tribes, museums, and local, state,
and federal governmental agencies.
This bill would authorize the Governor to appoint a liaison with
tribal governments and communities whose duties would include, in
consultation with Native American tribes and tribal members, offering
assistance with Native American language preservation. The bill
would establish the California Native American Language Preservation
Fund in the State Treasury for the acceptance of private donations,
to be made available upon appropriation by the Legislature, to
facilitate statewide efforts to preserve Native American languages.
The provisions establishing the fund and duties of the liaison would
become operative on the date that the Office of the Governor notifies
the Secretary of State that the Governor has appointed a liaison.
The bill would also make various findings and declarations regarding
Native American language preservation.
Existing law, the Donahoe Higher Education Act, establishes the
segments of public postsecondary education in this state. These
segments include the University of California, which is administered
by the Regents of the University of California, and the California
State University, which is administered by the Trustees of the
California State University. Provisions of the Donahoe Higher
Education Act apply to the University of California only to the
extent that the regents, by resolution, make these provisions
applicable.
This bill would provide that by January 1, 2013, the Trustees of
the California State University shall, and the Regents of the
University of California may, establish a Native American Linguistic
Institute, to preserve Native American tribal languages. The
institute would include 2 faculty members.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 1.78 (commencing with Section
5097.1000) is added to Division 5 of the Public Resources
Code , to read:
CHAPTER 1.78. NATIVE AMERICAN LANGUAGE PRESERVATION
5097.1000. The Legislature finds and declares all of the
following:
(a) California is the home to 109 federally recognized American
Indian tribes, the largest number of tribal nations of any state in
the United States.
(b) There were over 80 distinct indigenous languages spoken in
California prior to contact with European culture.
(c) These languages represent as many as 23 distinct language
families.
(d) Language is a crucial part of culture and history, and is
essential for the transmission of both to future generations.
(e) The State of California recognizes that tribal nations and
indigenous Californians are actively engaged in these language
preservation and revitalization efforts.
(f) In spite of these efforts, there are still many tribes whose
languages face extinction as the last-remaining tribal elders, who
are fluent in these ancient languages, are dying each year.
(g) Part of the reason for reduced fluency in Native American
languages is the previous, express policies of the state that
discouraged Native Americans from speaking and learning their
languages.
(h) The state must act to save the languages that face certain
extinction before it is too late to preserve them.
(i) The state supports native language preservation and recognizes
that preservation and revitalization of indigenous California
languages is of the utmost importance to the state's heritage.
(j) The Governor has expressed the intent to appoint a liaison
within the executive branch to liaise with tribal governments and
communities within California.
5097.1001. For purposes of this chapter, the following
definitions shall apply:
(a) "Fund" means the California Native American Language
Preservation Fund established pursuant to Section 5097.1003.
(b) "Liaison" means the person appointed by the Governor pursuant
to Section 5097.1002.
5097.1002. (a) The Governor may appoint a liaison within the
Executive branch to liaise with tribal governments and communities
within California.
(b) The liaison shall have the following duties:
(1) In consultation with Native American tribes and tribal
members, offer assistance with Native American language preservation.
(2) Offer the tribes and tribal members, upon request, access to
existing resources, such as recording devices and volunteer
assistance from experts in language preservation, dictionary
creation, and linguistics.
(3) Encourage public and private universities in California to
assist the liaison for purposes of this chapter by, among other
things, contacting experts in the field of Native American languages
and seeking their participation.
(4) Identify and give a priority to tribes and native speakers
whose languages are in the greatest danger of extinction, considering
also those who do not have the resources necessary to undertake
language-preservation efforts.
(c) (1) All works created for purposes of this section shall be
the property of the tribes from which they originate.
(2) These works may be stored at the California State Indian
Museum, with the permission of the originating tribe or tribal
member.
5097.1003. (a) The California Native American Language
Preservation Fund is hereby established in the State Treasury. The
fund shall be administered by the liaison.
(b) Upon appropriation in the annual Budget Act, moneys in the
fund shall be made available to the liaison for expenditure to enable
partnerships with stakeholders to facilitate statewide efforts to
preserve Native American languages with an emphasis on languages
facing extinction.
(c) The Treasurer may accept private donations for deposit in the
fund.
5097.1004. Except for subdivision (a) of Section 5097.1002, this
chapter shall become operative on the date the Office of the Governor
provides notice to the Secretary of State that the Governor has
appointed a liaison as described in subdivision (a) of Section
5097.1002.
SECTION 1. Chapter 5.6 (commencing with Section
66360) is added to Part 40 of Division 5 of Title 3 of the Education
Code, to read:
CHAPTER 5.6. NATIVE AMERICAN LINGUISTIC INSTITUTE
66360. The Legislature finds and declares all of the following:
(a) California is the home to 109 federally recognized American
Indian tribes, the largest number of tribal nations in the United
States.
(b) There were over 80 distinct indigenous languages spoken prior
to contact with European culture.
(c) These languages represent 23 distinct language families in
California.
(d) Chapter 324 of the Statutes of 2009 (A.B. 544) for the
issuance of a California state credential authorizing fluent speakers
of American Indian languages to teach the languages in California's
public schools.
(e) The State of California recognizes that tribal nations and
indigenous Californians are actively engaged in these revitalization
efforts.
(f) Language defines culture and is essential to the social fabric
of a diverse California.
(g) The state supports native languages preservation and
restoration programs on California State University and University of
California campuses.
(h) Revitalization of indigenous California languages is of the
utmost importance to all people of the State of California.
SEC. 2. Section 66360.1 is added to the
Education Code, to read:
66360.1. By January 1, 2013, the Trustees of the California State
University shall, and the Regents of the University of California
may, establish a Native American Linguistic Institute, to preserve
Native American tribal languages. The institute shall include two
faculty members.