CA AB 1881
vetoedCalifornia Indian Freedom Act of 2026.
California · 2025-2026 Regular Session · lower
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Quick answers
Did CA AB 1881 pass?
No. CA AB 1881 passed the legislature but was vetoed. Latest recorded action (2026-09-30): Vetoed by Governor.
What is CA AB 1881 about?
Existing law establishes various protections for California Native American tribes, including prohibiting a public agency or private party using or occupying public property or operating on public property from interfering with the free expression or exercise of Native American religion as provided in the United States Constitution and the California Constitution. Existing law also requires a local government to provide formal notification to each California Native American tribe that is traditionally and culturally affiliated with the project site as an invitation to consult on the proposed project, as provided. Existing law requires the local government, during the consultation, to give deference to the tribal information, tribal knowledge and customs, and the significance of the resource to the California Native American tribe. Existing law prohibits any information, as described, that is submitted by a California Native American tribe during the environmental review process from being included in the environmental document or otherwise disclosed by the lead agency or any other public agency to the public, as specified, without the prior consent of the tribe that provided the information. Existing law, the California Public Records Act, requires each state and local agency, as defined, to make its records open to public inspection at all times during office hours, except as specifically exempted from disclosure by law. The act specifically exempts from disclosure records that are exempted or prohibited from disclosure by federal or state law and lists records subject to that exemption, specifying that the listed exemptions are not inclusive of all exemptions under the act. This bill, the California Indian Freedom Act of 2026, would, commencing January 1, 2028, prohibit a governmental agency from substantially burdening a California Indian or California Native American tribe's exercise of religious beliefs or spiritual practices on state lands, except as necessary to protect public safety and security, including their access to and use of sacred sites and objects, and their ability to perform religious ceremonies and rites, even if the burden results from a rule of general applicability, unless the governmental agency demonstrates that application of the burden is in furtherance of a compelling governmental interest and is in the least restrictive means of furthering that interest. The bill would provide that a California Native American tribe has exclusive standing to assert a violation of these provisions and would authorize a California Native American tribe to assert a violation of these provisions as a claim or defense in any judicial or administrative proceeding, as specified. The bill would require a governmental agency to allow California Indians access to sacred sites on state lands, as specified. The bill would require a governmental agency to seek and document free, prior, and informed consent from affected tribes before undertaking any physical change to a state land, as described, which the agency has actual knowledge is a sacred site where the action may pose a risk to sacred sites, as specified. The bill would require the affirmation of consent from the governing body of the affected tribe to be in writing, as described. This bill would require the Department of General Services, in coordination with the Capitol Protective Section and the Joint Rules Committee, to the greatest extent possible, to uphold the religious freedom, ceremonial practices, sacred sites, cultural patrimony, and cultural landscapes of tribes when accessing the State Capitol grounds. The bill would require the Joint Rules Committee, in coordination with the Capitol Protective Section and the State Senate Capitol Security Program, to the greatest extent possible, to uphold the religious freedom, ceremonial practices, sacred sites, cultural patrimony, and cultural landscapes of tribes when accessing the State Capitol Building, as specified. This bill would provide that the application of the act is strictly limited to a governmental agency's management actions that involve only state lands, as specified. The bill would declare that specified provisions of the bill do not apply to the authority of the State Water Resources Control Board to authorize, curtail, or otherwise regulate the diversion and use of water, or to the Porter-Cologne Water Quality Control Act. This bill would require information identifying sacred sites, cultural landscapes, or religious practices obtained by a governmental agency for the purposes of the California Indian Freedom Act of 2026 to be confidential and would exempt this information from public record laws, including the California Public Records Act. The bill would revise the list of exempted records under the California Public Records Act to add the above-described exemption. The bill would prohibit the provisions of the act from being construed to limit or restrict the authority of the state or any state agency to enter into an agreement, memorandum of understanding, or other arrangement with any tribe to allow access to any state lands for the purpose of conducting religious, cultural, or ceremonial practices. The bill would define various terms for these purposes and would make related legislative findings. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Who sponsors CA AB 1881?
Ramos is the primary sponsor of CA AB 1881, joined by 8 cosponsors.
Description
Existing law establishes various protections for California Native American tribes, including prohibiting a public agency or private party using or occupying public property or operating on public property from interfering with the free expression or exercise of Native American religion as provided in the United States Constitution and the California Constitution. Existing law also requires a local government to provide formal notification to each California Native American tribe that is traditionally and culturally affiliated with the project site as an invitation to consult on the proposed project, as provided. Existing law requires the local government, during the consultation, to give deference to the tribal information, tribal knowledge and customs, and the significance of the resource to the California Native American tribe. Existing law prohibits any information, as described, that is submitted by a California Native American tribe during the environmental review process from being included in the environmental document or otherwise disclosed by the lead agency or any other public agency to the public, as specified, without the prior consent of the tribe that provided the information. Existing law, the California Public Records Act, requires each state and local agency, as defined, to make its records open to public inspection at all times during office hours, except as specifically exempted from disclosure by law. The act specifically exempts from disclosure records that are exempted or prohibited from disclosure by federal or state law and lists records subject to that exemption, specifying that the listed exemptions are not inclusive of all exemptions under the act. This bill, the California Indian Freedom Act of 2026, would, commencing January 1, 2028, prohibit a governmental agency from substantially burdening a California Indian or California Native American tribe's exercise of religious beliefs or spiritual practices on state lands, except as necessary to protect public safety and security, including their access to and use of sacred sites and objects, and their ability to perform religious ceremonies and rites, even if the burden results from a rule of general applicability, unless the governmental agency demonstrates that application of the burden is in furtherance of a compelling governmental interest and is in the least restrictive means of furthering that interest. The bill would provide that a California Native American tribe has exclusive standing to assert a violation of these provisions and would authorize a California Native American tribe to assert a violation of these provisions as a claim or defense in any judicial or administrative proceeding, as specified. The bill would require a governmental agency to allow California Indians access to sacred sites on state lands, as specified. The bill would require a governmental agency to seek and document free, prior, and informed consent from affected tribes before undertaking any physical change to a state land, as described, which the agency has actual knowledge is a sacred site where the action may pose a risk to sacred sites, as specified. The bill would require the affirmation of consent from the governing body of the affected tribe to be in writing, as described. This bill would require the Department of General Services, in coordination with the Capitol Protective Section and the Joint Rules Committee, to the greatest extent possible, to uphold the religious freedom, ceremonial practices, sacred sites, cultural patrimony, and cultural landscapes of tribes when accessing the State Capitol grounds. The bill would require the Joint Rules Committee, in coordination with the Capitol Protective Section and the State Senate Capitol Security Program, to the greatest extent possible, to uphold the religious freedom, ceremonial practices, sacred sites, cultural patrimony, and cultural landscapes of tribes when accessing the State Capitol Building, as specified. This bill would provide that the application of the act is strictly limited to a governmental agency's management actions that involve only state lands, as specified. The bill would declare that specified provisions of the bill do not apply to the authority of the State Water Resources Control Board to authorize, curtail, or otherwise regulate the diversion and use of water, or to the Porter-Cologne Water Quality Control Act. This bill would require information identifying sacred sites, cultural landscapes, or religious practices obtained by a governmental agency for the purposes of the California Indian Freedom Act of 2026 to be confidential and would exempt this information from public record laws, including the California Public Records Act. The bill would revise the list of exempted records under the California Public Records Act to add the above-described exemption. The bill would prohibit the provisions of the act from being construed to limit or restrict the authority of the state or any state agency to enter into an agreement, memorandum of understanding, or other arrangement with any tribe to allow access to any state lands for the purpose of conducting religious, cultural, or ceremonial practices. The bill would define various terms for these purposes and would make related legislative findings. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
- Introduced
- 2026-04-08
- Latest action
- 2026-09-30 — Vetoed by Governor.
- Bill type
- bill
- Last updated
- —
Subjects
Sponsors
- Ramosauthor
- Bauer-Kahancoauthor
- Harabediancoauthor
- Valenciacoauthor
- Zburcoauthor
- Ahrenscoauthor
- Jacksoncoauthor
- Connollycoauthor
- Wahabcoauthor
Committees
Not provided by source.
Action timeline
Newest first
2026-09-30
Vetoed by Governor.
executive-veto
2026-09-10
Enrolled and presented to the Governor at 3 p.m.
executive-receipt
2026-08-30
Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 1.).
2026-08-30
In Assembly. Concurrence in Senate amendments pending.
2026-08-30
Senate amendments concurred in. To Engrossing and Enrolling.
2026-08-30
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 65. Noes 0.).
amendment-passage,committee-passage,committee-passage-favorable
2026-08-30
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 65. Noes 0. Page 6915.).
amendment-passage,committee-passage,committee-passage-favorable
2026-08-28
Read second time. Ordered to third reading.
2026-08-27
Read third time and amended. Ordered to second reading.
2026-08-24
Read second time. Ordered to third reading.
2026-08-21
Read third time and amended. Ordered to second reading.
amendment-passage,reading-1,reading-2,reading-3
2026-08-13
Read second time. Ordered to third reading.
reading-1,reading-2,reading-3
2026-08-13
From committee: Do pass. (Ayes 5. Noes 0.) (August 13).
committee-passage,committee-passage-favorable
2026-08-10
In committee: Referred to APPR. suspense file.
referral-committee
2026-08-03
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
amendment-introduction,amendment-passage,committee-passage,reading-1,reading-2,referral-committee
2026-07-22
In committee: Hearing postponed by committee.
2026-07-01
From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 1.) (June 30). Re-referred to Com. on APPR.
committee-passage,committee-passage-favorable,referral-committee
2026-06-22
Referred to Com. on JUD.
referral-committee
2026-05-28
In Senate. Read first time. To Com. on RLS. for assignment.
reading-1,referral-committee
2026-05-27
Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 0.)
passage,reading-1,reading-3
2026-05-27
Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 0. Page 5470.)
passage,reading-1,reading-3
2026-05-19
Read second time. Ordered to third reading.
reading-1,reading-2,reading-3
2026-05-19
Read third time and amended. Ordered to third reading. (Page 5153.)
amendment-passage,reading-1,reading-3
2026-05-18
Read second time and amended. Ordered returned to second reading.
amendment-passage,reading-1,reading-2
2026-05-14
From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 14).
amendment-introduction,amendment-passage,committee-passage
2026-05-06
In committee: Set, first hearing. Referred to APPR. suspense file.
referral-committee
2026-04-20
Re-referred to Com. on APPR.
referral-committee
2026-04-16
Read second time and amended.
amendment-passage,reading-1,reading-2
2026-04-15
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 14).
amendment-introduction,amendment-passage,committee-passage,referral-committee
2026-04-09
Re-referred to Com. on JUD.
referral-committee
2026-04-08
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
amendment-introduction,amendment-passage,committee-passage,reading-1,reading-2,referral-committee
2026-03-03
In committee: Hearing postponed by committee.
2026-03-02
Referred to Com. on JUD.
referral-committee
2026-02-13
From printer. May be heard in committee March 15.
2026-02-12
Read first time. To print.
reading-1
Versions
- 02/12/26 - Introduced — 2026-02-12Compare
- 04/08/26 - Amended Assembly — 2026-04-08Compare
- 04/16/26 - Amended Assembly — 2026-04-16Compare
- 05/18/26 - Amended Assembly — 2026-05-18Compare
- 05/19/26 - Amended Assembly — 2026-05-19Compare
- 08/03/26 - Amended Senate — 2026-08-03Compare
- 08/21/26 - Amended Senate — 2026-08-21Compare
- 08/27/26 - Amended Senate — 2026-08-27Compare
- 09/03/26 - Enrolled — 2026-09-03Compare
- (document, no version)Compare
- AB1881Compare
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Votes
Do pass as amended and be re-referred to the Committee on [Appropriations]
2026-04-14 · pass · 10-0
Member-level votes (12)
- Zbur: yes
- Macedo: yes
- Bryan: yes
- Pacheco: yes
- Harabedian: yes
- Connolly: yes
- Stefani: yes
- Bauer-Kahan: yes
- Kalra: yes
- Sanchez: yes
- Dixon: other
- Papan: other
Do pass as amended.
2026-05-14 · pass · 11-0
Member-level votes (15)
- Krell: yes
- Sharp-Collins: yes
- Wicks: yes
- Pacheco: yes
- Caloza: yes
- Fong: yes
- Calderon: yes
- Solache: yes
- Pellerin: yes
- Aguiar-Curry: yes
- Mark González: yes
- Tangipa: other
- Ta: other
- Dixon: other
- Hoover: other
AB 1881 Ramos Assembly Third Reading
2026-05-28 · pass · 65-0
Member-level votes (80)
- Bennett: yes
- Connolly: yes
- Stefani: yes
- Rivas: yes
- Michelle Rodriguez: yes
- Schiavo: yes
- Ávila Farías: yes
- Fong: yes
- Calderon: yes
- Sharp-Collins: yes
- Aguiar-Curry: yes
- Patterson: yes
- Hart: yes
- Ramos: yes
- Addis: yes
- Bains: yes
- Elhawary: yes
- Boerner: yes
- Ward: yes
- Alvarez: yes
- Flora: yes
- Rogers: yes
- Chen: yes
- Soria: yes
- Harabedian: yes
- Jeff Gonzalez: yes
- Lee: yes
- McKinnor: yes
- Jackson: yes
- Zbur: yes
- Wicks: yes
- Bonta: yes
- Pellerin: yes
- Petrie-Norris: yes
- Carrillo: yes
- Berman: yes
- Valencia: yes
- Gabriel: yes
- Caloza: yes
- Wilson: yes
- Bryan: yes
- Ahrens: yes
- Bauer-Kahan: yes
- Alanis: yes
- Blanca Rubio: yes
- Haney: yes
- Arambula: yes
- Sanchez: yes
- Gipson: yes
- Lowenthal: yes
- Quirk-Silva: yes
- Nguyen: yes
- Krell: yes
- Wallis: yes
- Patel: yes
- Ortega: yes
- Mark González: yes
- Garcia: yes
- Solache: yes
- Kalra: yes
- Schultz: yes
- Pacheco: yes
- Ransom: yes
- Irwin: yes
- Muratsuchi: yes
- Johnson: other
- Hoover: other
- Macedo: other
- DeMaio: other
- Dixon: other
- Celeste Rodriguez: other
- Davies: other
- Castillo: other
- Hadwick: other
- Papan: other
- Tangipa: other
- Gallagher: other
- Ellis: other
- Lackey: other
- Ta: other
Do pass, but first be re-referred to the Committee on [Appropriations]
2026-06-30 · pass · 10-1
Member-level votes (13)
- Wahab: yes
- Umberg: yes
- Laird: yes
- Stern: yes
- Ashby: yes
- Weber Pierson: yes
- Wiener: yes
- Allen: yes
- Reyes: yes
- Durazo: yes
- Niello: no
- Valladares: other
- Caballero: other
Related bills
No related bills recorded for this bill.
Official source
Attribution
Data from openstates_api_sync, retrieved 2026-10-02T18:21:48.879917Z
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