BILL ANALYSIS Ó
AB 404
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ASSEMBLY THIRD READING
AB 404 (Gatto)
As Amended April 25, 2011
Majority vote
GOVERNMENTAL ORGANIZATION 17-0APPROPRIATIONS 17-0
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|Ayes:|Hall, Nestande, Atkins, |Ayes:|Fuentes, Harkey, |
| |Block, Blumenfield, | |Blumenfield, Bradford, |
| |Chesbro, Cook, Galgiani, | |Charles Calderon, Campos, |
| |Garrick, Gatto, Hill, | |Davis, Donnelly, Gatto, |
| |Jeffries, Ma, Perea, V. | |Hall, Hill, Lara, |
| |Manuel Pérez, Silva, | |Mitchell, Nielsen, Norby, |
| |Torres | |Solorio, Wagner |
| | | | |
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SUMMARY : Authorizes the Governor to appoint a liaison with
tribal governments and communities whose duties would include
assistance with Native American language preservation. In
addition, this bill creates the California Native American
Language Preservation Fund in the State Treasury for the
acceptance of private donations. 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;
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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;
and,
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 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
6)Museum, with the permission of the originating tribe or tribal
member.
7)Makes various findings and declarations regarding Native
American language preservation.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, if the Governor creates a new position for someone to
serve as a liaison with tribal governments and communities,
costs could exceed $100,000 per year. On-going costs
potentially in excess of $100,000 General Fund for the
Department of Parks and Recreation (DPR) to provide the
equipment and expertise necessary to assist with the
preservation and archiving of Native American languages. There
are no costs associated with the State Controller creating a new
fund in the State Treasury.
COMMENTS :
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Purpose of the bill : According to the author, this bill 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 will
face a huge cultural loss that is preventable unless action is
taken 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.
The author declares, the Governor has expressed the intent to
appoint a liaison to liaise with tribal governments and
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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 CIHC'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
Museum is located on a small parcel of land connected to
Sutter's Fort in downtown Sacramento. In addition to the
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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 2063 (Brulte), Chapter 290, Statutes of
2002. Established the California Indian Cultural Center and
Museum Task Force within 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.
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
FN: 0000907