AB 2723: The California American Freedmen Affairs Division: resident registry.

11041.

(a) Section 11042 does not apply to the office of the Governor, 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 Division, 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.

12280.

The Legislature finds and declares that the State of California requires an institution that identifies and recognizes American Freedmen who reside within the state, as well as their families and their communities. Because American Freedmen are a foundational American population having made significant and unique contributions to the State of California since its inception, and continue to do so today, the state has a responsibility to recognize and identify this historic American population, in an effort to better target policies that serve the needs of this population.

12281.

For purposes of this article:

(a) “American Freedman” means the legal and political status inherited by the posterity of the 4,000,000 freed men and women who were emancipated nationally from American chattel slavery.

(b) “Direct line” means matrilineal or patrilineal descent.

(c) “Division” means the California American Freedmen Affairs Division.

(d) “Emancipated” means gaining freedom from slavery by or before 1865 by way of any of the following:

(1) The Thirteenth Amendment to the United States Constitution.

(2) The Emancipation Proclamation.

(3) Being contraband under the Confiscation Acts.

(4) Being a fugitive in accordance with clause 3 of Section 2 of Article IV of the United States Constitution or the Fugitive Slave Acts.

(5) Freedom suits.

(6) Gradual abolition.

(7) Emancipation in any state.

(8) Purchasing their own freedom.

(9) Manumission by owners.

(10) Enlisting and fighting for the patriots during the American Revolution.

(e) “Resident” means a person who has established current residency in the state of California for at least six consecutive months.

12282.

(a) The California American Freedmen Affairs Division is hereby established within the Secretary of State’s office. The division’s purpose shall be to verify a resident’s status as an American Freedman, and to create and maintain an accurate database registry of American Freedmen residents, as set forth in this article.

(b) The division shall, upon appropriation by the Legislature, implement the provisions of this article.

12283.

The division shall take all of the following actions:

(a) Establish and maintain an accurate database registry of all American Freedmen residents.

(b) Establish the American Freedmen Genealogy Office, as described in Section 12286.

(c) Establish the Office of Freedmen Legal Affairs, as described in Section 12287.

(d) Develop a mission statement and strategic plan for the division, and a matrix and metrics of success for the offices of the division.

(e) Make contact with and verify residents’ status as American Freedmen.

(f) Engage with and educate American Freedmen residents about division and state policies and resources available to them.

(g) Assist other state agencies in evaluating their programs for accessibility and effectiveness in providing services to American Freedmen residents.

(h) Coordinate and collaborate with the Legislature, the Governor, existing state agencies and departments, and California colleges, community colleges, and universities to support the division’s goals.

(i) Engage stakeholders inside and outside of government to identify key opportunities and challenges, and to communicate the critical importance and foundational role of state support for American Freedmen residents, their families, and their communities.

(j) Work directly with California-based media organizations, including those that historically serve American Freedmen communities in California, as well as new media organizations and entities, to fulfill the division’s purpose.

(k) Establish partnerships as necessary to fulfill its responsibilities under the law.

12284.

(a) Notwithstanding Division 10 (commencing with Section 7920.000) of Title 1 and any other law, personal information of American Freedmen residents obtained under this article shall not be shared outside the division, except as necessary to fulfill the division’s purposes.

(b) Interagency sharing of personal information about American Freedmen residents shall be limited to demographics only, except as necessary to fulfill the division’s purposes.

(c) The division shall adhere to all applicable data protection laws in order to protect the personal information of American Freedmen residents.

(d) Notwithstanding any other law, the division shall not use any division resources, including, but not limited to, division funds, personnel, and infrastructure, to directly or indirectly participate or assist in law enforcement activity.

12285.

(a) Notwithstanding Section 10231.5, commencing January 1, 2029, and every three years thereafter, the division shall submit a report to the Legislature on its activities and performance. The report shall be submitted in compliance with Section 9795.

(b) Commencing January 1, 2030, and every five years thereafter, through the California State Auditor, the Legislature shall request performance and financial audits of the division and make recommendations for improvement or corrective legislation.

12286.

By July 1, 2028, the division shall establish the American Freedmen Genealogy Office to verify a resident’s status as an American Freedman. The office shall take all of the following actions:

(a) Create a process to verify a resident’s status as an American Freedman. The verification process of a resident’s status as an American Freedman shall include standards no less stringent than providing documentation showing that the individual has at least four lineal ancestors who were subject to chattel enslavement in the United States between the years 1776 and 1865, and documentation showing the individual has a direct line of ancestors from an enslaved ancestor to the individual.

(b) Partner with public libraries to provide no-cost expert genealogical research services and related support to assist residents with verifying their status as an American Freedman.

(c) Consult with professionally certified genealogical associations, genealogical organizations, and subject matter experts to fulfill its duties.

12287.

By July 1, 2028, the division shall establish the Office of Freedmen Legal Affairs to conduct and manage its legal affairs. The office shall take all of the following actions:

(a) Provide legal advice, counsel, and services to the division, its officials, and the Legislature.

(b) Ensure the division’s programs comply with legislative authority.

(c) Serve as an external liaison on legal matters with other state agencies and entities.