Descendants of enslaved persons: reparations.

The Genealogy Division no longer must create a method for eligible individuals to submit claims and receive compensation or restitution for harms California inflicted, nor establish an equitable alternative qualifying criterion for benefits when descendant status cannot be confirmed. Its role is now limited to establishing a certification process, reviewing requests, and providing an appeal mechanism.

The Legal Affairs Division no longer must conduct a review of past, current, and proposed laws to determine whether they have caused or may cause harm, nor provide recommendations to mitigate or eliminate identified harm.

The continuous appropriation provision for nongeneral-fund moneys received by the bureau was removed. The bill no longer states that such funds are 'continuously appropriated...without regard to fiscal year.' The short title was correspondingly changed to remove 'and making an appropriation therefor.'

The definition of 'Director' (meaning the Director of the Bureau for Descendants of American Slavery) was removed. Only 'Bureau' and 'Deputy director' remain as defined terms.

References to the Budget Act were updated from 'Budget Act of 2024' to 'Budget Act of 2025,' and the section reference 'Section 15.80 Item 6610-001-0001' was shortened to just 'Item 6610-001-0001.'

The bureau was moved from within the Department of Justice to within the Civil Rights Department. Section numbers changed from 15210-15219 in Part 6 to 12910-12919 in Part 2.8 of Division 3 of Title 2 of the Government Code.

The entire Property Reclamation Division (former Sections 15215-15219) was removed. This eliminated the process for dispossessed owners to apply for determinations of racially motivated eminent domain, seek return of property or financial compensation, appeal denials, and bring claims under the Government Claims Act with no statute of limitations.

The state-mandated local program designation changed from 'yes' to 'no,' reflecting the removal of duties previously imposed on local entities through the Property Reclamation Division. The appropriation designation changed from 'no' to 'yes.'

The gift of public funds finding was narrowed from 'redressing past acts of racial discrimination, government-sponsored harm' to 'redressing past acts of government-sponsored harm,' removing the explicit reference to racial discrimination.

The head of the bureau is now a 'deputy director' appointed by the Governor and confirmed by the Senate, responsible to the Director of Civil Rights, rather than a 'director' appointed by the Attorney General.

New provisions require the Genealogy Division to utilize the process established by Senate Bill 437 (Chapter 4.8, Section 8308 of Division 1) for verifying a claimant's eligibility as a descendant, including establishing processes for requesting certification, reviewing and determining requests, and appealing determinations. This is contingent on SB 437 being enacted and taking effect on or before January 1, 2026.

The definitions of 'racially motivated eminent domain' and 'dispossessed owner' were removed along with the Property Reclamation Division.

A new section (12917) authorizes the Civil Rights Department to adopt, promulgate, amend, and rescind rules and regulations to implement the chapter.

References to the Budget Act were updated from 'Budget Act of 2024' to 'Budget Act of 2025' with a specific item number (Item 6610-001-0001) added for education and outreach coordination.

The amendment to Section 15002.5 of the Government Code (which carved out an exception for the bureau within the Attorney General's authority over DOJ divisions) was removed since the bureau is no longer housed in the Department of Justice.

The bill was assigned Chapter 586 and the approval date of October 10, 2025 was added, reflecting its signature into law by the Governor.

Senate and Assembly passage headers, Secretary of the Senate and Chief Clerk signatures, and the blank governor approval line were removed as part of standard chaptering formatting.

The Bureau for Descendants of American Slavery is moved from the Department of Justice (Chapter 4, Part 6, Division 3, Title 2) to the Civil Rights Department (Chapter 2, Part 2.8, Division 3, Title 2). The director is now appointed by the Governor instead of the Attorney General and is responsible to the Director of Civil Rights instead of the Attorney General.

The Education and Outreach Division's mandate is expanded to include 'other findings presented in the California Reparations Report' as a topic. A new paragraph allows the division to collaborate with colleges, universities, community organizations, and individuals, including entities funded under Section 15.80 of the Budget Act of 2024. Those entities are required to coordinate and implement education and outreach activities in consultation with the division and report regularly upon the bureau's request.

A new section (12915) authorizes the bureau to receive moneys from any federal, state, or local grant and from any nongovernmental entity including private donations. Nongeneral-fund moneys received are continuously appropriated without regard to fiscal year. A donor or grantor has no right to direct, control, or influence the bureau's programs, operations, or policy decisions.

The bill's appropriation status changes from 'no' to 'yes' (due to the new continuous appropriation of nongeneral-fund moneys), and the state-mandated local program designation is removed (changed from 'yes' to 'no').

A standard severability clause (section 12916) is added, providing that if any part of the chapter is found invalid by a court, the remainder continues in effect.

The Property Reclamation Division must utilize the process established under Chapter 4.8 (commencing with Section 8308) of Division 1, as added by Senate Bill 437 of the 2025-26 Regular Session, for verifying a claimant's eligibility as a descendant. This provision only becomes operative if SB 437 is enacted and takes effect on or before January 1, 2026.

The definition of 'Descendants' is broadened: the emancipation criterion now includes 'executive or legislative action' instead of just 'legislative action,' potentially covering more paths to freedom.

Section 15210(b)(1) removed the phrase 'and the persistent consequences of this legacy that impacts both descendants and nondescendants,' narrowing the bureau's directed scope to harms impacting 'both descendants and communities harmed as described in Chapters 1 to 13' of the California Reparations Report. This removes explicit reference to nondescendants from the bureau's mandate.

Section 15213 changed from requiring the bureau to 'determine how verify an individual's status as a descendant would be confirmed' to simply requiring the bureau to 'verify an individual's status as a descendant.' This clarifies that the bureau itself performs verification rather than just determining the method.

Section 15212(d) simplified the reference to the former task force from its full formal name ('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') to 'the former reparations task force established pursuant to Chapter 319 of the Statues of 2020.'

Assembly Member Kalra was added to the list of coauthors.

Fixed a duplicate section number where 'SEC. 4' appeared twice; sections are now numbered sequentially as SEC. 3, SEC. 4, and SEC. 5.

The definition of 'descendants' in Section 15211(b) was expanded to include individuals who can establish direct lineage to a person subjected to American chattel slavery prior to 1900 and meets at least one of five criteria: emancipated through legal or extralegal means (self-purchase, manumission, legislative action, military service, judicial ruling), obtained freedom through gradual abolition statutes or constitutional amendments, classified as a fugitive from bondage under federal or state law, deemed contraband by military authorities, or rendered military or civic service while subject to legal restrictions based on ancestry historically associated with slavery.

A new Section 15214 was added requiring the bureau to collect, hold, and disclose nonpublic personal and genetic information only as relevant and necessary for the chapter's purposes and in compliance with federal and California data privacy laws. It requires the bureau to inform individuals of the legal authority for solicitation, whether disclosure is mandatory or voluntary, the principal purpose of use, routine uses, and effects of not providing information. Disclosure is prohibited without written request or consent from the individual.

A new Section 4 (renumbering the old Section 4 to Section 5) was added making legislative findings under Section 3 of Article I of the California Constitution that limiting public access to records is necessary to protect personal and genetic information of individuals, demonstrating the interest protected by the limitation.

Section 15210(b) was restructured to specify that the bureau shall address lasting harms as described in Chapters 1 through 13 of the California Reparations Report and advise on reparative remedies guided by Chapters 14 through 33, replacing the previous single-paragraph intent language with two distinct numbered obligations tied to specific chapters of the report.

The phrase 'Upon appropriation by the Legislature' was removed from Section 15217, which governs the Property Reclamation Division's duties. The old version explicitly conditioned the division's operations on appropriation; the new version states the division 'shall do all of the following' without that qualifier (though the overall chapter remains contingent on appropriation per Section 15210(c)).

In Section 15218(a), the phrase 'upon appropriation' was removed from the state public entity's obligation to provide compensation. The old version stated 'the state public entity, upon appropriation, or the local public entity may provide'; the new version simply states 'the state or local public entity may provide.'

Section 15212(d) was amended to add a reference identifying the former task force as one 'established pursuant to Chapter 319 of the Statues of 2020' (appears to be a typo for 'Statutes'), providing a more specific statutory citation.

Section 15217(d) now requires the division to identify the specific state or local public entity that took the property (or its successor), in addition to determining fair market value and whether compensation is warranted. This creates a direct link between the taking entity and the obligation to pay.

Section 15217(e)(1) was restructured: instead of automatically returning the taken property if it is still in public possession, the division now has discretion to deny return based on whether current use or zoning make return impractical, or whether the condition of the property or surrounding environment would make return inequitable.

Section 15217(e)(3) now reduces the financial compensation amount by any amount originally paid for the property at the time of taking, adjusted for inflation. Previously, compensation was simply the full fair market value with no deduction for amounts already paid.

New Section 15218(b)(2) allows a person bringing a claim to assert any legal basis for return of property or compensation that would have been available to the property owner at the time of the taking. The division's determination is explicitly stated to not be binding on the court.

Section 15218(a) was rewritten to create a new procedural step: a person who receives a certification may present it to the specific state or local entity identified by the division, and that entity (state upon appropriation, or local) may provide the property or monetary compensation. This formalizes the handoff from the bureau's determination to the responsible entity's payment obligation.

The state-mandated local program designation in the legislative counsel's digest changed from 'no' to 'yes,' acknowledging that the bill imposes new duties on local entities (recommending publicly held properties and providing compensation) that trigger state reimbursement obligations under the California Constitution.

Section 15210(b) added the phrase 'that impacts both descendants and nondescendants' at the end of the list of lasting harms, broadening the stated scope of harms the bureau may address beyond just those affecting descendants.

New Section 15210(c) states that implementation of the entire chapter is contingent upon appropriation of sufficient funding by the Legislature in the annual Budget Act or other statute. This adds a chapter-level funding condition that previously only appeared in individual provisions.

Section 15217(e)(3) was broadened: financial compensation is now warranted whenever the division determines neither return of property nor grant of title to a publicly held property is appropriate, rather than only when the taken property is no longer in public possession AND no publicly held property is suitable.

Section 15217(d) had duplicate paragraph numbering (two items labeled '(2)'). The amendment corrects this to proper sequential numbering (1), (2), (3) and updates the cross-reference in subdivision (e) from 'paragraph (2)(3)' to 'paragraph (3)'.

The bill summary was updated to reflect the new appropriation contingency and to remove a redundant phrase about local entities providing compensation in accordance with the division's determination.

The amendment to Government Code Section 11041 is entirely removed. Previously the bill exempted the bureau from prohibitions on state agencies employing in-house counsel or contracting outside counsel for adjudicative proceedings. This exemption no longer exists.

If a state or local entity fails to provide compensation per the division's certification, the dispossessed owner may bring a claim under the Government Claims Act. Such claims are not subject to any statute of limitations, whether brought before or after enactment.

The bureau is now explicitly placed within the Department of Justice rather than as a standalone entity 'within state government.' The director is appointed by the Attorney General (not the Governor) and is responsible to the Attorney General. The salary reference changes from Section 12001 to Section 12502.

The statutory structure changes from a separate Part 15 (Sections 16000-16002) plus Chapter 4 in Part 6, to a single consolidated Chapter 4 (Sections 15210 onward) within Part 6 of Division 3 of Title 2. All section numbers are renumbered from the 16000 series to the 15210 series.

New Article 2 (Sections 15215-15219) establishes a full claims procedure for the Property Reclamation Division: accepting applications from dispossessed owners, reviewing and investigating claims, determining present-day fair market value, deciding whether property or compensation is warranted, and certifying one of three remedies (return of taken property, substitute publicly held property, or financial compensation).

New definitions added: 'dispossessed owner' (a person whose property was taken via racially motivated eminent domain or a direct descendant of that person) and 'publicly held property' (property owned by the state or local agency that took possession).

Appeal process added: applicants denied may appeal within 60 days of receiving notice, and the division must issue a determination on the appeal within 120 days.

A new section declares that the act serves a public purpose and does not constitute a gift of public funds under Article XVI, Section 6 of the California Constitution, addressing a potential constitutional challenge to using public property or funds for compensation.

A state mandates reimbursement clause is added: if the Commission on State Mandates determines the bill contains state-mandated costs, reimbursement to local agencies and school districts shall be made. The digest changes 'State-mandated local program' from 'no' to 'yes' because local entities are now required to recommend publicly held properties and provide compensation.

The Bureau for Descendants of American Slavery is now placed within the Department of Justice instead of as a standalone bureau directly under state government. The director is appointed by the Attorney General (not the Governor) and is responsible to the Attorney General (not the Governor).

A new intent statement (Section 15210) declares that the Legislature intends to establish only an initial framework, and that the bureau's scope and responsibilities may expand as necessary to address additional harms. It also directs the bureau to advise on reparative remedies for disenfranchisement, segregation, discrimination, exclusion, neglect, violence, and their persistent consequences.

A new definition of 'racially motivated eminent domain' is added: when a government entity acquires private property for public use without distributing just compensation at the time of acquisition, and the taking or failure to compensate was due in whole or in part to the owner's ethnicity or race.

The Genealogy Division must now establish an equitable alternative qualifying criterion for state-authorized benefits in cases where an individual's descendant status cannot be confirmed or proven, providing a path to benefits without strict genealogical proof.

The bureau is now required to establish a mission statement consistent with the recommendations of the former Task Force to Study and Develop Reparation Proposals for African Americans.

The Property Reclamation Division gains a new duty to address cases where individuals experienced harm due to the policies and practices of state and local agencies, broadening its scope beyond just eminent domain cases.

The Legal Affairs Division gains a new duty to conduct a review of past and current laws as well as proposed legislation to determine whether those measures have caused, are causing, or may continue to cause harm, and to provide recommendations to mitigate or eliminate identified harm.

Section numbering was reorganized: the bill now amends Government Code Section 15002.5 and adds Chapter 4 (Sections 15210-15213) to Part 6 of Division 3, reflecting the bureau's placement within the Department of Justice structure. The director's salary reference changed from Section 12001 to Section 12502.