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SB-1403 California American Freedmen Affairs Agency.(2023-2024)

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Date Published: 05/17/2024 01:17 PM
SB1403:v95#DOCUMENT

Amended  IN  Senate  May 16, 2024
Amended  IN  Senate  April 11, 2024
Amended  IN  Senate  April 03, 2024
Amended  IN  Senate  March 18, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1403

Introduced by Senator Bradford
(Coauthors: Senators Cortese and Wahab)

February 16, 2024

An act to amend Section 11041 of, and to add Part 14 (commencing with Section 16000) to Division 3 of Title 2 of of, the Government Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


SB 1403, as amended, Bradford. California American Freedmen Affairs Agency.
Former law, until July 1, 2023, established the Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States (Task Force).
Former law required the Task Force, among other things, to identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the United States and the colonies, as specified, and to recommend the form of compensation that should be awarded, the instrumentalities through which it should be awarded, and who should be eligible for this compensation.
This bill would establish the California American Freedmen Affairs Agency in state government, under the control of the secretary, who would be appointed by the Governor. Governor and confirmed by the Senate. The bill would require the agency to implement the recommendations of the Task Force, as approved by the Legislature and the Governor. The bill would require the agency, as part of its duties, to determine how an individual’s status as a descendant would be confirmed. The bill would also require proof of an individual’s descendant status to be a qualifying criteria criterion for benefits authorized by the state for descendants. To accomplish these goals, the bill would require the agency to be comprised of a Genealogy Office and an Office of Legal Affairs.
The bill would further require the agency to oversee and monitor existing state agencies and departments tasked with engaging in direct implementation of the policies that fall within the scope of the existing state agencies agencies’ and departments’ authority, including policies related to reparations.
Existing law prohibits a state agency, with certain exceptions, from employing any in-house counsel to act on behalf of the state agency or its employees in any judicial or administrative adjudicative proceeding in which the agency is interested, or is a party as a result of office or official duties, or contracting with outside counsel for any purpose.
This bill would exempt the California American Freedmen Affairs Agency from the above-described prohibition.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 11041 of the Government Code is amended to read:

11041.
 (a) Section 11042 does not apply to the Regents of the University of California, the Trustees of the California State University, Legal Division of the Department of Transportation, Division of Labor Standards Enforcement of the Department of Industrial Relations, Workers’ Compensation Appeals Board, Public Utilities Commission, State Compensation Insurance Fund, Legislative Counsel Bureau, Inheritance Tax Department, Secretary of State, State Lands Commission, Alcoholic Beverage Control Appeals Board (except when the board affirms the decision of the Department of Alcoholic Beverage Control), Department of Cannabis Control (except in proceedings in state or federal court), State Department of Education, Department of Financial Protection and Innovation, California American Freedmen Affairs Agency, and Treasurer with respect to bonds, nor to any other state agency which, by law enacted after Chapter 213 of the Statutes of 1933, is authorized to employ legal counsel.
(b) The Trustees of the California State University shall pay the cost of employing legal counsel from their existing resources.

SECTION 1.SEC. 2.

 Part 14 (commencing with Section 16000) is added to Division 3 of Title 2 of the Government Code, to read:

PART 14. California American Freedman Freedmen Affairs Agency

CHAPTER  1. Definitions

16000.
 For purposes of this part:
(a) “Agency” means the California American Freedman Freedmen Affairs Agency.
(b) “Descendants” means descendants of an African American chattel enslaved person in the United States, or descendants of a free Black person living in the United States prior to the end of the 19th century.
(c) “Secretary” means the Secretary of the California American Freedman Freedmen Affairs Agency.
(d) “Task force” means the Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States as established under former Section 8301.1.

CHAPTER  2. General

16001.
 (a) The California American Freedman Freedmen Affairs Agency is hereby established in state government. The agency shall be under the direct control of a secretary who shall be responsible to the Governor.
(b) The Governor shall appoint the secretary of the agency who The secretary of the agency shall be appointed by the Governor and confirmed by the Senate, and shall perform all duties, exercise all powers, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the office.
(c) The salary of the secretary shall be fixed pursuant to Section 12001.

CHAPTER  3. Powers and Duties

16002.
 The agency shall implement the recommendations of the task force, as approved by the Legislature and the Governor. As part of its duties, the agency shall determine how an individual’s status as a descendant shall be confirmed. Proof of an individual’s descendent status shall be a qualifying criteria for benefits authorized by the state for descendants. To accomplish these goals, the agency shall include both of the following offices:
(a) A Genealogy Office to support potential reparations claimants by providing access to expert establishing a process for conducting or verifying genealogical research to confirm reparations eligibility and to provide expedited assistance with the reparations claims process.
(b) An Office of Legal Affairs to provide legal advice, counsel, and services to the agency and its officials, and to ensure that the agency’s programs are administered in accordance with applicable legislative authority. The office shall also advise the head of the agency on legislative, legal, and regulatory initiatives and serve as an external liaison on legal matters with other state agencies and other entities.

16003.
 The agency shall oversee and monitor existing state agencies and departments tasked with engaging in direct implementation of the policies that fall within the scope of the existing state agencies and departments’ authority, including policies related to reparations.