BILL NUMBER: AB 404	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 21, 2011
	AMENDED IN ASSEMBLY  APRIL 25, 2011
	AMENDED IN ASSEMBLY  MARCH 8, 2011

INTRODUCED BY   Assembly Member Gatto
   (  Coauthor:   Assembly Member 
 Galgiani   Coauthors:   Assembly
Members   Chesbro,   Galgiani,   and V.
Manuel Pérez  )

                        FEBRUARY 14, 2011

    An act to add Chapter 1.78 (commencing with Section
5097.1000) to Division 5 of the Public Resources Code, relating to
Native Americans.   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. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 404, as amended, Gatto.  Public postsecondary education:
 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.  
   Existing law establishes the California State University, under
the administration of the Trustees of the California State
University, as one of the segments of public postsecondary education
in this state. 
   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.   require the Trustees of the California
State University to establish, at the Humbolt State University
campus, a Native American Linguistic Institute, with specified
duties, to preserve Native American tribal languages.  The bill
would establish the California Native American Language Preservation
Fund in the State Treasury for the acceptance of private donations,
to be  administered by the California State University and 
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.
   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:  
  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 LANGUAGE PRESERVATION


    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 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 
 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.   66361.   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.   66363.  
   (b) "Institute" means the Native American Linguistic Institute
established pursuant to Section 66362. 
    66362.    (a) By January 1, 2013, the Trustees of
the California State University shall establish, at the Humbolt State
University campus, a Native American Linguistic Institute, which
shall consist of two employees, to preserve Native American tribal
languages. 
   (b) The  liaison   institute  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  colleges and 
universities in California to assist the  liaison 
 institute  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  Native American 
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  
language preservation  efforts.
   (c) (1) All works created for purposes of this section shall be
the property of the  Native American  tribes from which they
originate.
   (2) These works may be stored at the  California State
Indian Museum   Humbolt State   University
campus  , with the permission of the originating  Native
American  tribe or tribal member.
    5097.1003.   66363.   (a) The
California Native American Language Preservation Fund is hereby
established in the State Treasury. The fund shall be administered by
the  liaison   California State University 
.
   (b) Upon appropriation in the annual Budget Act, moneys in the
fund shall be made available to the  liaison  
institute  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.