BILL ANALYSIS Ó
AB 404
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Date of Hearing: May 4, 2011
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
AB 404 (Gatto) - As Amended: April 25, 2011
SUBJECT : Native American language preservation.
SUMMARY : Authorizes the Governor to appoint a liaison with
tribal governments and communities whose duties would include
offering assistance with Native American language preservation;
and b) establishes 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. Specifically, this bill :
1) Authorizes 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,
as specified.
2) Provides the Governor may appoint a liaison within the
Executive branch to liaise with tribal governments and
communities within California. The liaison shall have the
following duties:
(a) In consultation with Native American tribes and tribal
members, offer assistance with Native American language
preservation.
(b) 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.
(c) 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.
(d) 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
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necessary to undertake language-preservation efforts.
3) Establishes 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.
4) Provides 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.
5) Specifies that all works created for purposes of this bill
shall be the property of the tribes from which they originate.
These works may be stored at the California State Indian
Museum, with the permission of the originating tribe or tribal
member.
6) Makes various findings and declarations regarding Native
American language preservation.
EXISTING LAW :
1) Establishes the California Indian Heritage Center Task Force
(Task force) within the Department of Parks and Recreation.
2) Specifies that the nine member task force shall be comprised
and appointed, as follows: a) Three members of California Indian
tribes appointed by the Director of DPR; b) Two members
appointed by the Executive Secretary of the Native American
Heritage Commission (NAHC); c) The Director of DPR or his or her
designee; d) The Executive Secretary of NAHC or his or her
designee; e) The State Librarian or his or her designee; and f)
The Secretary of the Resources Agency or his or her designee.
3) 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.
4) Allows the Director of State Department of Parks and
Recreation (DPR) to terminate the task force prior to the
discharge of its duties with a two-thirds vote of the task force
membership.
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FISCAL EFFECT : Unknown.
COMMENTS :
Purpose of the bill : According to the author, AB 404 would
facilitate and coordinate Native American language preservation
efforts around the state via a Governor-appointed liaison to
tribal governments and communities. The preservation would be
done in consultation with Native American tribes and tribal
members, and not begin until the liaison is appointed and there
is money available to fund such efforts.
California is home to 109 federally recognized American Indian
Tribes, the largest number of Tribal nations in the United
States. There were over 80 distinct indigenous languages spoken
in
California prior to contact with European culture and of these
languages, 23 distinct linguistic families of California are
represented. Many of these languages have become extinct, and
many more face extinction as the few who still have knowledge of
the tribal linguistic traditions are dying. Often, the death of
a language can also mean the loss of an important connection to
the past, as the history and heritage of a tribe is passed from
one generation to the next via oral tradition.
The author maintains that if action is not taken to preserve the
languages of the Original People of the state, the state faces a
huge cultural loss but it's preventable if we take action now to
preserve the languages that are still alive. The State must act
to save the languages that face certain extinction before it is
too late to preserve them. The state's tribes and their
languages are an important part of our cultural heritage, and as
such, worthy of statewide efforts to save for study by future
generations.
The author states, this bill would establish the California
Native American Language Preservation Fund in the State Treasury
for the acceptance of private donations to facilitate statewide
efforts to preserve Native American languages. These efforts
would be coordinated by the Governor's liaison to the state's
tribal governments and communities. This bill would also direct
the liaison to prioritize preservation of languages that are in
greatest danger of extinction as well as encourage scholars in
related fields to help with such efforts.
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The author declares, the Governor has expressed the intent to
appoint a liaison to liaise with tribal governments and
communities within California, and this legislation would not go
into effect until that appointment is made. The measure would
also respect tribal sovereignty over their languages and
traditions by specifying that any works created in these efforts
are the property of the respective tribes, in the event that
tribes assent to these works being made available to future
scholars.
Background:
California Indian Heritage Center (CIHC) : The California Indian
Heritage Center Task Force and California State Parks (State
Parks) secured a new location along the Sacramento River in West
Sacramento. On June 18, 2008 the West Sacramento City Council
approved an agreement that places the new State Park museum and
cultural heritage complex at the 43 acre East Riverfront
property. The CIHC will honor the diversity and history of
California Indian people by preserving cultural and tribal
traditions, nurturing contemporary expressions, and facilitating
research and education for California, the nation and the world.
Recently, the State Parks announced the availability of the
Preliminary General Plan/Draft EIR for the CIHC.
The CIHC will be world-class in both content and design. The
design will reflect Indian values in form, materials and the
Center's placement on the land. The CIHC will include a
library, archives, tribal treasures exhibit space, resident
artist space, offices, classrooms, a café, museum store,
amphitheater and event space, indigenous gardens, trails, public
access to the Sacramento River, and parking.
The CIHC will fill a long standing need in the state, serving
Native and non-Native people. It will be a place where Indian
people can come together, celebrate and preserve their past, and
promote the continuation of their traditions. It will also be a
place where all Californians can learn about the history and
contemporary life of the state's indigenous people. The
California Indian Heritage Center will be a destination for
tourists from around the world to learn about Native American
culture in California.
Existing Indian Museum and Historic Sites : The State Indian
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Museum is located on a small parcel of land connected to
Sutter's Fort in downtown Sacramento. In addition to the
Museum, the state of California supports other historic Indian
sites throughout the state, primarily managed by DPR. They
include the Antelope Valley Indian Museum exhibit on Great Basin
Native Americans, Indian Grinding Rock State Historic Park and
the Tejon Indian Reservation.
Prior legislation : SB 1372 (Dutton), 2009-2010 Legislative
Session. Would have added a new section to Government Code to
require state agencies to make reasonable efforts to collaborate
with an Indian nation or tribe in the development and
implementation of policies, agreements, and programs of the
state agency that directly affect American Indians. (Passed the
Senate but never heard in Assembly G.O. Committee)
SB 2063 (Brulte), Chapter 290, Statutes of 2002. Established
the California Indian Cultural Center and Museum Task Force
within the State Department of Parks and Recreation (DPR) for
the purpose of assisting DPR in developing a California Indian
Cultural Center and Museum.
AB 978 (Steinberg), Chapter 818, Statutes of 2001. Established
the California Native American Graves Protection and
Repatriation Act of 2001, a process for repatriation of Native
American remains and cultural items that are currently in
possession of state agencies and museums.
Related legislation : AB 968 (Chesbro) of 2011-2012 Legislative
Session. Would establish the position of Native American
Advisor on Tribal Issues in the Governor's office, to be a
member of a federally recognized California Indian tribe. The
bill would require the advisor to serve as a resource to the
Governor and state agencies on issues affecting California
Indian tribes and be an advocate on behalf of all California
Indian tribes, regardless of whether a tribe qualifies as a
federally recognized California Indian tribe. (Assembly G.O.
Committee)
REGISTERED SUPPORT / OPPOSITION :
Support
California Communities United Institute
California Language Teachers Association
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California Tribal Business Alliance
Paskenta Band of Nomlaki Indians of California
Picayune Rancheria of the Chukchansi Indians
Viejas Band of Kumeyaay Indians
Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531