Bill Text: CA AB914 | 2013-2014 | Regular Session | Amended

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Bill Title: Interagency Task Force on the Status of Boys and Men of

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-08-22 - Read second time. Ordered to third reading. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c). [AB914 Detail]

Download: California-2013-AB914-Amended.html

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BILL NUMBER: AB 914	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 21, 2014
	AMENDED IN SENATE  AUGUST 28, 2013
	AMENDED IN SENATE  JUNE 25, 2013
	AMENDED IN ASSEMBLY  MAY 14, 2013
	AMENDED IN ASSEMBLY  APRIL 15, 2013
	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member  Gordon  
Bradford 

                        FEBRUARY 22, 2013

    An act to add Article 3.5 (commencing with Section 84350)
to Chapter 4 of Title 9 of the Government Code, relating to the
Political Reform Act of 1974.   An act to add Chapter
3.4 (commencing with Section 8265) to Division 1 of Title 2 of the
Government Code, relating to state government, and declaring the
urgency thereof, to take effect immediately. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 914, as amended,  Gordon   Bradford 
.  Political Reform Act of 1974: campaign disclosures.
  Interagency Task Force on the Status of Boys and Men
of Color.  
   The California Constitution prohibits a person from being deprived
of life, liberty, or property without due process of law, or from
being denied equal protection of the laws. The United States
Constitution prohibits a state from denying to any person within its
jurisdiction the equal protection of the laws. Existing law
establishes various advisory boards and commissions in state
government with specified duties and responsibilities.  
   The federal My Brother's Keeper Initiative, launched by the
President in February 2014, required the establishment of the My
Brother's Keeper Task Force, an interagency effort to improve the
expected educational and life outcomes for and address the persistent
opportunity gaps faced by boys and young men of color in the United
States.  
   This bill would create the Interagency Task Force on the Status of
Boys and Men of Color, a multiagency advisory body that would serve
as a support mechanism for department agency and systems leaders by
taking coordinated action in meeting the myriad challenges facing
boys and men of color in California, and assisting the respective
departments and agencies in more successfully improving life outcomes
for this population. The membership of the task force would include
members of the Legislature, as well as representatives of specified
agencies, departments, and private entities. The bill would set forth
the initial and ongoing responsibilities of the task force,
including, among others, an assessment of state program alignment
with the objectives of the My Brother's Keeper program and the
Assembly Select Committee on the Status of Boys and Men of Color in
California, and the development of strategies to enhance positive
outcomes and eliminate or mitigate negative outcomes for boys and men
of color in the state. This bill would establish the Boys and Men of
Color Task Force Fund, to carry out the bill's requirements in
support of the task force, upon appropriation by the Legislature. The
bill would authorize the task force to accept federal funds, gifts,
donations, grants, or bequests for all or any of its purposes. 

   This bill would declare that it is to take effect immediately as
an urgency statute.  
   The Political Reform Act of 1974 imposes various reporting
requirements with regard to contributions and independent
expenditures, as defined, made for political purposes. The act
establishes the Fair Political Practices Commission as the agency
responsible for administering and enforcing the act. A violation of
the act's provisions is punishable as a misdemeanor. 

   This bill would require the Commission to develop a Nonprofit and
Multipurpose Organization Disclosure Statement form. The bill would
require that the form provide for the disclosure of specified
information relating to certain contributions, expenditures, and
independent expenditures made by, and donations made to, a nonprofit
corporation. The bill would, except as otherwise provided, require a
nonprofit corporation to file a Nonprofit and Multipurpose
Organization Disclosure Statement, at a time prescribed by the
Commission, in any year in which the nonprofit corporation makes
combined contributions, expenditures, or independent expenditures in
support of or opposition to a candidate, political party, or ballot
measure in this state aggregating $50,000 or more during the
nonprofit corporation's fiscal year.  
   The bill would require the Commission to make Nonprofit and
Multipurpose Organization Disclosure Statements available to the
public. The bill would authorize a nonprofit corporation or a donor
to the nonprofit corporation to petition the Commission to maintain
the confidentiality of information relating to donors and donations.
The bill would require the Commission to grant a petition to maintain
the confidentiality of donor and donation information if the
petitioner establishes by clear and convincing evidence that the
public disclosure of donor information will cause undue harm,
threats, harassment, or reprisals to the donor, or that the donor did
not know or have reason to know that his or her donation would be
used to make a contribution, expenditure, or independent expenditure
in support of or opposition to a candidate, political party, or
ballot measure, as specified.  
   By expanding the scope of an existing crime, this bill would
impose a state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
procedural requirements.  
   This bill would declare that it furthers the purposes of the act.

   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares as
follows:  
   (a) On February 27, 2014, the President of the United States
launched the My Brother's Keeper initiative to address persistent
opportunity gaps faced by boys and young men of color and to ensure
that all young people can reach their full potential.  
   (b) The My Brother's Keeper Task Force recognizes that challenges
facing boys and young men of color affect others as well and that it
is important to break down barriers wherever they exist and identify
means of creating ladders of opportunity for all.  
   (c) The My Brother's Keeper Task Force was established to develop
a coordinated federal effort to significantly improve the expected
life outcomes for boys and young men of color, including Black
Americans, Hispanic Americans, and Native Americans, and to improve
their contributions to the nation's prosperity, so that all youth
have an equal opportunity at the American dream.  
   (d) The My Brother's Keeper Task Force noted that significant
diversity exists within and among boys and men of color as a segment
of the population. Differences of language status, income,
disability, sexual orientation, and many other factors influence the
identity and experience of these young people, just as with any other
population.  
   (e) My Brother's Keeper is focused on the following milestones:
(1) getting a healthy start and entering school ready to learn; (2)
reading at grade level by third grade; (3) graduating from high
school ready for college and career; (4) successfully entering the
workforce; and (5) keeping kids on track and giving them second
chances.  
   (f) The My Brother's Keeper Task Force Report to the President
(May 2014) cites numerous areas in which boys and men of color
consistently experience disproportionately negative outcomes. These
areas include living in poverty, living without a male parent in the
household, high school dropout rates, unemployment, death by
homicide, and imprisonment.  
   (g) The My Brother's Keeper Task Force has identified initial
recommendations and areas of opportunity at each of these key
milestones or "focus areas." The task force has also identified
several cross-cutting areas of opportunity that span all focus areas.
 
   (h) The recommendations in the My Brother's Keeper Task Force
Report to the President inform and influence California policy and
California's compliance with those recommendations makes the state
more competitive for federal funding and strengthens its economic
competitiveness.  
   (i) Our state's future prosperity and health depend on all
Californians having a fair chance to thrive and succeed. One of the
best investments we can make is to be certain we do everything
possible to help young people become healthy, productive adults. As
California becomes more diverse, we must nurture and harness the
talents, skills, and hopes of young people of color -- boys and young
men in particular. 
   (j) The Department of Finance projects California's population of
boys and men of color will increasingly represent a growing
percentage of the state's male population, reaching close to 80
percent for boys and men of color compared to 20 percent for
non-Hispanic white males by 2050.  
   (k) The Assembly Select Committee on the Status of Boys and Men of
Color in California has recognized that boys and young men of color
are in jeopardy, and this poses a serious threat to California's
economic strength and competitiveness.  
   (l  ) The Assembly Select Committee on the Status of Boys and
Men of Color's policy framework emphasizes the following issues: (1)
health and safety; (2) education; (3) juvenile justice; (4)
employment and wealth; and (5) youth development. Related issues that
have been recommended for expansion of the committee's work include
higher education, immigration, and housing. 
   (m) Community and youth leaders from across the state have taken a
significant interest in partnering with government and systems
leaders through the Alliance for Boys and Men of Color in order to
improve the health and success of our state's young people of color.

   SEC. 2.    Chapter 3.4 (commencing with Section 8265)
is added to Division 1 of Title 2 of the   Government Code
  , to read:  
      CHAPTER 3.4.  INTERAGENCY TASK FORCE ON THE STATUS OF BOYS AND
MEN OF COLOR


   8265.  (a) (1) There is in state government the Interagency Task
Force on the Status of Boys and Men of Color, which shall serve as a
support mechanism for department, agency, and systems leaders by
taking coordinated action in meeting the myriad challenges facing
boys and men of color, and assisting the respective departments and
agencies in more successfully improving life outcomes for this
population.
   (2) It is the intent of the Legislature that the task force
include participation from a core set of department, agency, and
systems leaders with discretion and responsibility for policy areas
of primary importance to the fulfillment of the Final Report and
Policy Platform for State Action (2012-2018) of the Assembly Select
Committee on the Status of Boys and Men in California.
   (b) The task force shall be comprised of the following 21 members:

   (1) One Member of the Senate, appointed by the President Pro
Tempore of the Senate, and one Member of the Assembly, appointed by
the Speaker of the Assembly, to the extent that participation is not
incompatible with their position as Members of the Legislature.
   (2) The Superintendent of Public Instruction, or his or her
designee.
   (3) The Secretary for Education, or his or her designee.
   (4) The President of the University of California, or his or her
designee.
   (5) The Chancellor of the California State University, or his or
her designee.
   (6) The Chancellor of the California Community Colleges, or his or
her designee.
   (7) The Secretary of California Health and Human Services, or his
or her designee.
   (8) The State Public Health Officer, or his or her designee.
   (9) The Deputy Director of the Office of Health Equity, or his or
her designee.
   (10) The Secretary of Business, Consumer Services, and Housing, or
his or her designee.
   (11) The Secretary of Labor and Workforce Development, or his or
her designee.
   (12) The Director of Employment Development, or his or her
designee.
   (13) The Executive Director of the California Workforce Investment
Board, or his or her designee.
   (14) The Chair of the California Workforce Investment Board, or
his or her designee.
   (15) The Secretary of Transportation, or his or her designee.
   (16) The Director of Finance, or his or her designee.
   (17) The Attorney General, or his or her designee.
   (18) The Secretary of the Department of Corrections and
Rehabilitation, or his or her designee.
   (19) The Chair of the Board of State and Community Corrections, or
his or her designee.
   (20) The Chief Justice of California, or his or her designee.
   (c) The task force shall elect one of its members to serve as
chair of the task force. Desirable qualifications for the position of
chair shall include, but not be limited to, all of the following:
   (1) He or she should possess a broad and deep understanding of the
issues facing boys and men of color.
   (2) He or she should be a political appointee with a senior
leadership role either leading a department or agency or managing a
significant and pertinent body of work.
   (3) He or she should have a demonstrated strong and positive
working relationship with the members of the Legislature and the
Governor.
   (d) All members of the task force shall hold office until the
appointment of their successors.
   8266.  Meetings of the task force shall be subject to the
Bagley-Keene Open Meetings Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3).
   8267.  The task force shall have the powers and authority
necessary to carry out the duties imposed upon it by this chapter,
including, but not limited to, all of the following:
   (a) To employ any administrative, technical, or other personnel
necessary for the performance of its powers and duties.
   (b) To hold hearings, make and sign any agreements, and to do or
perform any acts that may be necessary, desirable, or proper to carry
out the purposes of this chapter.
   (c) To cooperate with, and secure the cooperation of, any
department, division, board, bureau, commission, or other agency of
the state to facilitate the task force properly to carry out its
powers and duties.
   (d) To appoint advisers or advisory committees from time to time
when the task force determines that the experience or expertise of
the advisers or advisory committees is needed for projects of the
task force. Section 11009 shall apply to these advisers or advisory
committees.
   (e) To accept any federal funds granted, by act of Congress or by
executive order, for all or any of the purposes of this chapter.
   (f) To accept any gifts, donations, grants, or bequests for all or
any of the purposes of this chapter.
   8268.  (a) Within six months after the effective date of this
chapter, the task force shall complete all of the following
requirements:
   (1) Assess existing department and agency programs that align with
the priorities outlined in the May 2014 My Brother's Keeper Task
Force Report to the President. Based on this assessment, the task
force shall identify state opportunities to partner and coordinate
with the work of the federal My Brother's Keeper Task Force.
   (2) Assess the Governor's Budget to identify those areas in which
the budget priorities are in alignment with the objectives of the
task force.
   (3) Review the action plan of the Final Report and Policy Platform
for State Action (2012-2018) of the Assembly Select Committee on the
Status of Boys and Men of Color in California, and identify
ambitious state goals for boys and men of color, as well as barriers
to achieving desired results.
   (b) Upon completion of the requirements in subdivision (a), the
long-term, ongoing responsibilities of the task force shall include
all of the following:
   (1) Assessing state policies, regulations, and programs with
respect to boys and men of color, and the development of proven and
promising strategies to enhance positive outcomes and eliminate or
mitigate negative outcomes.
   (2) Preparing population and agency-specific data on boys and men
of color in California. The task force shall aggregate the data and
make it publicly available in a manner that does not reveal
personally identifiable information or otherwise conflict with
federal or state privacy laws.
   (3) Serving as a liaison to departments and agencies by ensuring
engagement and partnership with other public, nonprofit, and
philanthropic entities among the various member agencies and with the
task force as a whole, and recommend ways to strengthen partnerships
with external leaders advancing strategies relevant to boys and men
of color.
   (c) The first meeting of the task force shall be convened on or
before January 31, 2015. Subsequently, the task force shall convene
on no less than a quarterly basis to assess progress on its ongoing
responsibilities pursuant to subdivision (b), and to provide support
and ensure coordination across agencies.
   (d) (1) Notwithstanding Section 10231.5, the task force shall
prepare and submit to the Legislature an annual report on department
and agency findings pursuant to this section. The task force shall
also report these findings at the Assembly Select Committee on the
Status of Boys and Men of Color in California's annual hearing on the
status of advancing the committee priorities and policies.
   (2) A report submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795.
   8269.  With respect to its duties under Section 8268, the task
force shall be an advisory body only, and there shall be no right or
obligation on the part of the state, or the parties meeting and
conferring, to implement the findings of the task force without
further legislation that specifically authorizes that the
evaluations, determinations, and findings of the task force be
implemented.
   8269.5  The Boys and Men of Color Task Force Fund is hereby
created as a fund in the State Treasury to carry out this chapter in
support of the task force, upon appropriation by the Legislature.
Subject to the approval of the Department of Finance, all moneys
collected or received by the task force from gifts, bequests, or
donations shall be deposited in the State Treasury to the credit of
the Boys and Men of Color Task Force Fund in accordance with the
terms of the gift or donation from which the moneys are derived and
in accordance with Sections 8647, 11005, 11005.1, and 16302 of the
Government Code. 
   SEC. 3.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to act quickly to address the challenges facing boys and
young men of color by breaking down barriers wherever they exist in
state agencies, and to identify means of creating ladders of
opportunity for all, it is necessary for this act to take effect
immediately.  
  SECTION 1.    Article 3.5 (commencing with Section
84350) is added to Chapter 4 of Title 9 of the Government Code, to
read:

      Article 3.5.  Nonprofit and Multipurpose Organizations


   84350.  (a) This section shall apply only to a nonprofit
corporation, as defined in Section 501(c) of the Internal Revenue
Code, that satisfies both of the following:
   (1) The nonprofit corporation makes, in this state, contributions,
expenditures, or independent expenditures, as defined in Sections
82015, 82025, and 82031, respectively, in support of or opposition to
a candidate, political party, or ballot measure, or any combination
thereof.
   (2) The aggregate contributions, expenditures, or independent
expenditures described in paragraph (1) total, in any combination,
fifty thousand dollars ($50,000) or more during a calendar year.
   (b) The Commission shall develop a Nonprofit and Multipurpose
Organization Disclosure Statement form that provides for the
disclosure of all of the following information relative to the
contributions, expenditures, and independent expenditures made by a
nonprofit corporation in support of or opposition to a candidate,
political party, or ballot measure:
   (1) The aggregate combined dollar amount of contributions,
expenditures, and independent expenditures that are made during the
reporting period.
   (2) The amount of expenses attributable to contributions,
expenditures, and independent expenditures as a percentage of the
nonprofit corporation's total expenses that are made during the
reporting period.
   (3) For purposes of a nonprofit corporation for which the combined
amounts of contributions, expenditures, and independent expenditures
made during the reporting period exceed 10 percent of the nonprofit
corporation's total expenses, each of the following with respect to
contributions, expenditures, and independent expenditures made during
that period:
   (A) The amount of any funds, or the fair market value of any
services or assets, that are provided in relation to a contribution,
expenditure, or independent expenditure.
   (B) The amount or fair market value of any liabilities incurred in
relation to a contribution, expenditure, or independent expenditure.

   (C) The date that the funds, services, or assets were provided or
the liabilities were incurred.
   (D) The name and address of the recipient of the contribution,
expenditure, or independent expenditure.
   (E) A description of the contribution, expenditure, or independent
expenditure and its purpose, including whether the contribution,
expenditure, or independent expenditure was made in support of or
opposition to a candidate, political party, or ballot measure.
   (F) Information related to each donor who made donations in an
aggregate amount of ten thousand dollars ($10,000) or more to the
nonprofit corporation during the reporting period, including each of
the following:
   (i) The name and address of the donor.
   (ii) The name of the employer of the donor, if available.
   (iii) The date and amount of each donation from that donor during
the reporting period.
   (c) (1) Except as otherwise provided in this subdivision, a
nonprofit corporation described in subdivision (a) shall file, at a
time to be determined by the Commission, a Nonprofit and Multipurpose
Organization Disclosure Statement with the Commission for any year
in which the nonprofit corporation meets the fifty thousand dollar
($50,000) threshold described in subdivision (a). Except as provided
in subdivision (d), the Commission shall make the filed Nonprofit and
Multipurpose Organization Disclosure Statement available to the
public, as required by Section 81008.
   (2) A nonprofit corporation shall not be required to file a
Nonprofit and Multipurpose Organization Disclosure Statement for any
period when the nonprofit corporation is filing reports either as a
committee under Section 82013 or as a sponsor of a committee, and the
information described in paragraphs (1) and (2) of subdivision (b)
is disclosed on the committee's reports in a manner prescribed by the
Commission.
   (3) If a nonprofit corporation required to file a Nonprofit and
Multipurpose Organization Disclosure Statement pursuant to this
section maintains one or more segregated bank accounts for the
purpose of making election-related contributions, expenditures, or
independent expenditures described in subdivision (a), and those
accounts represent the exclusive source of the nonprofit corporation'
s election-related contributions, expenditures, and independent
expenditures in this state, the nonprofit corporation is only
required to report information described in subparagraph (F) of
paragraph (3) of subdivision (b) with respect to donations deposited
into the segregated election-related accounts.
   (d) A nonprofit corporation or a donor to a nonprofit corporation
that is subject to the reporting requirements of this section may
petition the Commission, no later than 45 days prior to the date on
which the Nonprofit and Multipurpose Organization Disclosure
Statement must be filed, to maintain the confidentiality of donor
information that is disclosed on the statement. If a petitioner
demonstrates by clear and convincing evidence that the public
disclosure of donor information reported on the Nonprofit and
Multipurpose Organization Disclosure Statement will cause undue harm,
threats, harassment, or reprisals to the donor or that the donor did
not know or have reason to know that his or her donation would be
used to make a contribution, expenditure, or independent expenditure
described in subdivision (a) in this state, the Commission shall,
notwithstanding Section 81008, treat the donor and donation
information as confidential and shall redact the donor and donation
information from any documents that are made available to the public.
The Commission shall inform the petitioner, in writing, whether the
petition to maintain the confidentiality of donor and donation
information has been granted or denied. The Commission's grant or
denial determination shall include a statement of findings and
conclusions, and the reasons or basis for the determination.
 
  SEC. 2.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SEC. 3.    The Legislature finds and declares that
this bill furthers the purposes of the Political Reform Act of 1974
within the meaning of subdivision (a) of Section 81012 of the
Government Code.