8025-8028
HEALTH AND SAFETY CODE
SECTION 8025-8028
8025. (a) There is hereby established the Repatriation Oversight Commission composed of 10 members as follows: (1) Two voting members appointed by the Governor from nominations made by federally recognized California tribes within the state. One member each shall represent the central and southern areas of the state. (2) Two voting members appointed by the Speaker of the Assembly from nominations made by federally recognized California tribes within the state. One member each shall represent the northern and southern areas of the state. (3) Two voting members appointed by the Senate Committee on Rules from nominations made by federally recognized California tribes within the state. One member each shall represent the northern and central areas of the state. (4) One voting member appointed by the Governor from nominations submitted by state agencies or state-funded universities and colleges. (5) One voting member appointed by the Governor from nominations submitted by the University of California. (6) One voting member appointed by the Governor from nominations submitted by the California Association of Museums. (7) One voting member of a nonfederally recognized tribe appointed by the Governor from nominations submitted by the Native American Heritage Commission. (b) The executive secretary of the commission shall be appointed by the Governor and shall be an ex officio nonvoting member of the commission. 8026. The commission shall meet when necessary, and at least quarterly shall perform the duties specified in this section including, but not limited to, the following: (a) Order the repatriation of human remains and cultural items in accordance with this chapter. (b) Establish mediation procedures and, upon application of the parties involved, mediate disputes between California tribes and museums and agencies relating to the disposition of human remains and cultural items. The commission shall have the power of subpoena for purposes of discovery and may impose civil penalties against any agency or museum that intentionally or willfully fails to comply with the provisions of this chapter. Members of the commission shall receive training in mediation for purposes of this subdivision. The commission may delegate its responsibility to mediate disputes to a certified mediator. (c) Administer the budget of the commission. (d) Establish and maintain a website for communication between tribes and museums and agencies. (e) Upon the request of California tribes or museums and agencies, analyze and make decisions regarding providing financial assistance to aid in specific repatriation activities. (f) Accept grants or donations, real or in-kind, to carry out the purposes of this chapter. (g) By making recommendations to the Legislature, assist California tribes in obtaining the dedication of appropriate state lands for the purposes of reinterment of human remains and cultural items. (h) Request and utilize the advice and services of all federal, state, and local agencies as necessary in carrying out the purposes of this chapter. (i) Prepare and submit to the Legislature an annual report detailing commission activities, disbursement of funds, and dispute resolutions relating to the repatriation activities under this chapter. (j) Refer any known noncompliance with the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.) to the United States Attorney General and the Secretary of the Interior. (k) Impose administrative civil penalties against any agency or museum that is determined by the commission to have violated any provision of this chapter. ( l) Establish those rules and regulations the commission determines to be necessary for the administration of this chapter. 8027. (a) Members of the commission shall not receive a salary but shall be entitled to reimbursement for actual expenses incurred in the performance of their duties. (b) The chairperson of the commission shall be elected by the members. 8028. (a) The term of any member of the commission shall be for three years, and each member shall serve no more than two consecutive terms. Staggered terms shall be established by the drawing of lots at the first meeting of the commission so that a simple majority of the members shall initially serve a three-year term, and the remainder initially a two-year term. (b) If a vacancy occurs, a replacement shall be named by the same constituency as the constituency that was represented by the member whose membership is being replaced. Replacements shall serve only for the remainder of the vacant member's term.