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 ****