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Assembly Bill No.  978


                                                      CHAPTER 818


                          An act to add Chapter 5 (commencing with Section 8010) to Part 2 of
                       Division 7 of the Health and Safety Code, relating to human remains.


                                         [ Approved by Governor October 12, 2001. Filed
                                            with Secretary of State October 13, 2001 .]


                                              LEGISLATIVE  COUNSEL'S  DIGEST
                          AB  978,  Steinberg.  Native  American  graves  protection  and
                       repatriation.
                          Existing law contains provisions regarding the regulation of human
                       remains disposal and burials.
                          This  bill,  the  California  Native  American  Graves  Protection  and
                       Repatriation Act of 2001, would require all state agencies and museums
                       that  receive  state  funding  and  that have  possession  or  control  over
                       collections of human remains or cultural items, as defined, to complete
                       an inventory and summary  of these  remains  and  items  on or before
                       January 1, 2003, with certain exceptions, would provide a process for the
                       identification and repatriation of these items to the appropriate tribes,
                       and  would  authorize  the  imposition  of civil  penalties  for  failure  to
                       comply with the requirements of this bill. The bill would also establish
                       the  Repatriation  Oversight  Commission,  composed  of 10  members,
                       with specified duties relating to the repatriation process.

                       The people of the State of California do enact as follows:


                          SECTION 1.  Chapter 5 (commencing with Section 8010) is added
                       to Part 2 of Division 7 of the Health and Safety Code, to read:

                       CHAPTER 5.      CALIFORNIA Native      American    GRAVES PROTECTION AND

                                                       REPATRIATION

                                             Article 1.  General Provisions


                          8010.  This  chapter  shall  be  known,  and  may  be  cited  as  the
                       California Native American Graves Protection and Repatriation Act of
                       2001.
                          8011.  It is the intent of the Legislature to do all of the following:









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