Bill Text: CA SB803 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: California Youth Leadership Project.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-19 - Chaptered by Secretary of State. Chapter 379, Statutes of 2012. [SB803 Detail]

Download: California-2011-SB803-Amended.html

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BILL NUMBER: SB 803	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 4, 2011
	AMENDED IN SENATE  MARCH 22, 2011

INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 18, 2011

   An act to add and repeal Article 4.5 (commencing with Section
18736) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and
Taxation Code, and to add Chapter 4 (commencing with Section 2200) to
Division 2.5 of the Welfare and Institutions Code, relating to youth
services.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 803, as amended, DeSaulnier. California Youth Leadership
Project.
   Existing law establishes various programs to advocate for the
needs of seniors and other groups, including the Senior Legislature.
   This bill would establish the California Youth Leadership Project
under the  Joint Committee on Rules   State
Department of Education  for the purpose of supporting and
promoting youth civic engagement by awarding scholarships to youth
and civic engagement programs. The bill would create the California
Youth Leadership Project Committee, which would be chaired by the
 chair of the Joint Committee on Rules  
Superintendent of Public Instruction  and be composed of
specified appointed members. The bill would authorize the advisory
committee to enter into an interagency agreement with the 
Joint Committee on Rules   State Department of Education
 to carry out necessary administrative functions. The advisory
committee also would be charged with determining when there are
sufficient funds to support the program and if it determines that
there are insufficient funds to cover all costs, the activities of
the California Youth Leadership Project would cease.
   The Personal Income Tax Law authorizes taxpayers to contribute
amounts in excess of their tax liability for the support of specified
funds.
   The bill would create in the State Treasury the California Youth
Leadership Fund to receive contributions from tax return designations
to support the California Youth Leadership Project. This bill would
allocate all moneys transferred to the California Youth Leadership
Fund, as prescribed, upon appropriation by the Legislature, to the
Franchise Tax Board and the Controller for the reimbursement of costs
incurred, and to the  Joint Committee on Rules 
 State Department of Education  to provide for the
California Youth Leadership Project. This bill would provide for the
repeal of this contribution provision for this fund on January 1 of
the 5th taxable year following the first appearance of the California
Youth Leadership Fund on the tax return or on January 1 of an
earlier calendar year, if the Franchise Tax Board estimates that the
annual contribution amount will be less than $250,000, or an adjusted
amount, as specified, for subsequent taxable years. The bill also
would authorize the California Youth Leadership Committee to accept
gifts and grants from any source to help perform its functions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Article 4.5 (commencing with Section 18736) is added to
Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation
Code, to read:

      Article 4.5.  California Youth Leadership Fund


   18736.  (a) An individual may designate on the tax return that a
contribution in excess of the tax liability, if any, be made to the
California Youth Leadership Fund, established by Section 18737.
   (b) The contributions shall be in full dollar amounts and may be
made individually by each signatory on a joint return.
   (c) A designation under subdivision (a) shall be made for any
taxable year on the original return for that taxable year, and once
made shall be irrevocable. In the event that payments and credits
reported on the return, together with any other credits associated
with the individual's account, do not exceed the individual's tax
liability, the return shall be treated as though no designation has
been made.
   (d) If an individual designates a contribution to more than one
account or fund listed on the tax return, and the amount available is
insufficient to satisfy the total amount designated, the
contribution shall be allocated among the designees on a pro rata
basis.
   (e) The Franchise Tax Board shall revise the form of the return to
include a space labeled "California Youth Leadership Fund" to allow
for the designation permitted under subdivision (a). The form shall
also include in the instructions information that the contribution
may be in the amount of one dollar ($1) or more and that the
contribution shall be used to support the California Youth Leadership
Project.
   (f) Notwithstanding any other provision, a voluntary contribution
designation for the California Youth Leadership Fund shall 
not  be added on the tax return  until 
 when  another voluntary contribution designation is removed
 or as soon as space is available on the tax return  .
   (g) A deduction shall be allowed under Article 6 (commencing with
Section 17201) of Chapter 3 of Part 10 for any contribution made
pursuant to subdivision (a).
   18737.  There is hereby established in the State Treasury the
California Youth Leadership Fund to receive contributions made
pursuant to Section 18736. The Franchise Tax Board shall notify the
Controller of both the amount of money paid by taxpayers in excess of
their tax liability and the amount of refund money that taxpayers
have designated pursuant to Section 18736 to be transferred to the
California Youth Leadership Fund. The Controller shall transfer from
the Personal Income Tax Fund to the California Youth Leadership Fund
an amount not in excess of the sum of the amounts designated by
individuals pursuant to Section 18736 for payment into that fund.
   18738.  All moneys transferred to the California Youth Leadership
Fund pursuant to Section 18736, upon appropriation by the
Legislature, shall be allocated as follows:
   (a) To the Franchise Tax Board and the Controller for
reimbursement of all costs incurred by the Franchise Tax Board and
the Controller in connection with their duties under this article.
   (b) To the  Joint Committee on Rules   State
Department of Education  to provide for the California Youth
Leadership Project, pursuant to Chapter 4 (commencing with Section
2200) of Division 2.5 of the Welfare and Institutions Code.
   (c) All moneys allocated pursuant to subdivision (b) of this
section may be carried over from the year in which they were
received.
   18739.  (a) Except as otherwise provided in subdivision (b), this
article shall remain in effect only until January 1 of the fifth
taxable year following the first appearance of the California Youth
Leadership Fund on the tax return, and as of that date is repealed.
   (b) (1) By September 1 of the second calendar year, and by
September 1 of each subsequent calendar year that the California
Youth Leadership Fund appears on a tax return, the Franchise Tax
Board shall do all of the following:
   (A) Determine the minimum contribution amount required to be
received during the next calendar year for the fund to appear on the
tax return for the taxable year that includes that next calendar
year.
   (B) Provide written notification to the  Joint Committee
on Rules   State Department of Education  of the
amount determined in subparagraph (A).
   (C) Determine whether the amount of contributions estimated to be
received during the calendar year will equal or exceed the minimum
contribution amount determined by the Franchise Tax Board for the
calendar year pursuant to subparagraph (A). The Franchise Tax Board
shall estimate the amount of contributions to be received by using
the actual amounts received and an estimate of the contributions that
will be received by the end of that calendar year.
   (2) If the Franchise Tax Board determines that the amount of
contributions estimated to be received during a calendar year will
not equal or exceed the minimum contribution amount for the calendar
year, this article is repealed with respect to taxable years
beginning on or after January 1 of that calendar year.
   (3) For purposes of this section, "minimum contribution amount for
the calendar year" means two hundred fifty thousand dollars
($250,000) for the second calendar year after the first appearance of
the California Youth Leadership Fund on the personal income tax
return or the adjusted minimum contribution amount adjusted pursuant
to subdivision (c).
   (c) For each calendar year, beginning with the third calendar year
that the California Youth Leadership Fund appears on the tax return,
the Franchise Tax Board shall adjust, on or before September 1 of
that calendar year, the minimum estimated contribution amount
specified in subdivision (b) as follows:
   (1) The minimum estimated contribution amount for the calendar
year shall be an amount equal to the product of the minimum
contribution amount for the prior September 1 multiplied by the
inflation factor adjustment as specified in paragraph (2) of
subdivision (h) of Section 17041, rounded off to the nearest dollar.
   (2) The inflation factor adjustment used for the calendar year
shall be based on the figures for the percentage change in the
California Consumer Price Index received on or before August 1 of the
calendar year pursuant to paragraph (1) of subdivision (h) of
Section 17041.
   (d) Notwithstanding the repeal of this article, any contribution
amounts designated pursuant to this article prior to its repeal shall
continue to be transferred and disbursed in accordance with this
article as in effect immediately prior to that repeal.
  SEC. 2.  Chapter 4 (commencing with Section 2200) is added to
Division 2.5 of the Welfare and Institutions Code, to read:
      CHAPTER 4.  CALIFORNIA YOUTH LEADERSHIP PROJECT


   2200.  (a) The Legislature finds and declares that the needs of
California's youth can best be assessed by California's youth.
   (b) The Legislature recognizes that there are more than 9,000,000
youth under 19 years of age in California, and an additional
3,000,000 more young adults between 18 and 24 years of age.
   (c) The Legislature recognizes that all young people need five key
developmental resources in order to become productive citizens:
caring adults, safe places, a healthy start, an effective education,
and opportunities to help others. The Legislature further recognizes
that young people who receive more of these developmental resources
fare better than young people who receive fewer, and that those young
people are more likely to avoid violence, contribute to their
communities, and achieve high grades in school. The Legislature
further recognizes the significant number of California's youth who
live disadvantaged lives. Of those youth, an estimated 200,000 minors
and thousands more youth between 18 and 24 years of age experience
homelessness each year. Another 60,000 youth are in the foster care
system, over 1,250 youth in California currently occupy juvenile
justice facilities, and more than 2,500 youth are on parole from
those facilities. Youth who are homeless, in the juvenile justice
system, or in foster care have limited opportunities to participate
in the policy process that ultimately impacts their well-being.
   (d) The Legislature recognizes that there are limited civic
engagement opportunities for these disconnected and disadvantaged
youth, especially opportunities developed and designed for and with
them in mind.
   (e) The Legislature is alarmed that hundreds of thousands of
California youth are among the two-thirds of America's children and
youth recently identified by the America's Promise Alliance as not
receiving sufficient developmental resources to safely put them on
the path to adulthood. The Legislature also is concerned that the
high school completion rate is less than 60 percent for low-income
students and students of color in California, that gang and youth
violence continue to be a concern and although birth rates to teen
mothers have decreased, "teen pregnancy and parenting" continues to
be a significant social problem in California. The Legislature is
encouraged, however, by research indicating that providing more of
the five developmental resources for more young people can help
prevent many of these problems, and that millions of dollars in later
prison, health, and welfare costs can be avoided by providing more
developmental resources for more young people now.
   (f) The Legislature also agrees with the America's Promise
Alliance's call for greater collaboration and integration in working
to turn failure into action and improve the lives of young people at
risk and with the actions of the more than 20 states that have
committed their state resources for the creation of statewide
entities charged with improving the developmental well-being of their
children and youth.
   2201.  (a) The California Youth Leadership Project is hereby
established under the  Joint Committee on Rules 
 State Department of Education  for the purpose of promoting
youth civic engagement through meaningful opportunities to improve
the quality of life for California's disconnected and disadvantaged
youth.
   (b) The California Youth Leadership Project shall support and
promote youth civic engagement by awarding scholarships to youth.
Furthermore, youths awarded scholarships by the California Youth
Leadership Project shall be given the opportunity to make meaningful
recommendations regarding legislation and policies that impact their
own lives and the lives of the thousands of other youth in California
whose voices often go unheard.
   (c) The California Youth Leadership Project shall award youth
scholarships to civic engagement programs that do all of the
following:
   (1) Provide youth participants tools to examine and discuss policy
and fiscal issues affecting the interests, needs, and conditions of
the youth of California.
   (2) Provide youth participants the opportunity to formally advise
and make recommendations to the Legislature and the Governor on
specific issues affecting youth, including, but not limited to, all
of the following:
   (A) Education.
   (B) Employment.
   (C) Access to state and local governmental services.
   (D) The environment.
   (E) Behavioral and physical health.
   (F) Safety.
   (G) Technology.
   (H) Criminal justice.
   (I) Homelessness.
   (J) Foster care.
   (K) Child welfare.
   (L) Emancipation.
   (M) Financial literacy.
   (N) Substance abuse.
   (O) Driver's license requirements.
   (P) Poverty.
   (Q) Increased youth participation in state and local government.
   (R) Any other policy or fiscal issues deemed appropriate by the
California Youth Leadership Project Committee.
   (3) Provide youth participants the opportunity to consult with any
existing local level youth advisory commissions and community-based,
grassroots youth-led organizations for input and potential solutions
on issues related to youth.
   (4) Provide youth participants the opportunity to convene and
conduct meetings to fulfill the purposes of this chapter.
   (5) Provide youth participants the opportunity to act as an
information center on California youth policy and fiscal issues,
including, but not limited to, the issues listed in paragraph (2).
   (6) When available, enable individual youth to travel to the State
Capitol to learn the legislative process and, on occasion, to
testify at legislative hearings.
   2202.  (a) The California Youth Leadership Project shall be
overseen by the California Youth Leadership Project Committee.
   (b) The California Youth Leadership Project Committee shall be
established and oversee the California Youth Leadership Project and
distribute funds pursuant to Article 4.5 (commencing with Section
18736) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and
Taxation Code and this chapter.
   (c) Members of the California Youth Leadership Project Committee,
in making youth scholarship awards, shall take into consideration
that awarded youth represent the racial, ethnic, socioeconomic,
cultural, physical, and educational diversity of California.
Particular emphasis should be placed on reaching out to at-risk or
disadvantaged youth, as their participation in the California Youth
Leadership Project will provide keen insight into many of the issues
that youth face in their day-to-day lives.
   (d) (1) The California Youth Leadership Project Committee shall be
chaired by the  chair of the Joint Committee on Rules
  Superintendent of Public Instruction  , or his or
her designee, and shall include no more than six members.
   (2) The  Joint Committee on Rules  
Superintendent of Public Instruction  shall appoint the
following four members to the California Youth Leadership Project
Committee:
   (A) A representative from a statewide nonprofit youth
organization.
   (B) A representative from a community-based nonprofit organization
that serves youth or youth-related issues.
   (C) A representative of a local educational agency or school
district.
   (D) A youth under 18 years of age who has participated in a youth
leadership program involving lobbying the Legislature on issue areas
affecting youth. This person shall serve only in an advisory
capacity.
   (3) The California Health and Human Services Agency may also, but
is not required to, appoint a member to the California Youth
Leadership Project Committee.
   (4) Members of the California Youth Leadership Project Committee,
appointed under subparagraphs (A) to (C), inclusive, of paragraph (2)
shall have experience and be trained to work with youth between 14
and 18 years of age on the issues described in subdivision (c) of
Section 2201, and shall have special experience in civic engagement,
advocacy, and at least one of the following issue areas affecting
youth:
   (A) Crisis prevention or intervention.
   (B) Drug, alcohol, and tobacco abuse prevention or intervention.
   (C) Foster care.
   (D) Juvenile justice.
   (E) Homelessness.
   (F) Lesbian, gay, bisexual, and transgender rights and social
justice.
   (G) Mental health.
   (e) The members of the California Youth Leadership Project
Committee shall serve on a voluntary basis and shall not receive a
salary.
   2203.  Duties of the California Youth Leadership Project Committee
shall include, but not be limited to, all of the following:
   (a) Develop and provide applications for the Youth Leadership
Project scholarship and collect applications from youths who would
like to apply.
   (b) Determine ways to promote the program and make applications
available.
   (c) Establish criteria for the selection of youths, and make
awards based on those criteria and the purposes of this chapter.
   (d) Ensure that there is no discrimination based on race,
religious creed, color, national origin, age, gender, marital status,
sex, or sexual orientation.
   (e) Establish the time, location, and number of annual meetings of
the committee. The committee shall meet no less than once each year.

   (f) If necessary, enter into a mutually agreed upon interagency
agreement with the  Joint Committee on Rules  
State Department of Education  to carry out administrative
duties related to the project.
   (g) Submit an annual budget and report to the  Joint
Committee on Rules   State Department of Education 
.
   (h) (1) Determine when there are sufficient funds to support the
project. If the committee determines that there are insufficient
funds to cover all costs, the activities of the California Youth
Leadership Project shall cease.
   (2) State funds shall not be used to support the California Youth
Leadership Project except as provided in Article 4.5 (commencing with
Section 18736) of Chapter 3 of Part 10.2 of Division 2 of the
Revenue and Taxation Code.
   2204.  (a) The funds for the California Youth Leadership Project
shall be allocated from the California Youth Leadership Fund pursuant
to Article 4.5 (commencing with Section 18736) of Chapter 3 of Part
10.2 of Division 2 of the Revenue and Taxation Code, or from private
funds directed to the  Joint Committee on Rules 
 State Department of Education  and allocated to the
California Youth Leadership Project Committee for the purpose of
funding activities of the California Youth Leadership Project.
   (b) The California Youth Leadership Project may accept gifts and
grants from any source, public or private, to help perform its
functions, pursuant to this chapter.
   (c) No more than 10 percent of the funds allocated to the
California Youth Leadership Project Committee for the purpose of
funding activities of the California Youth Leadership Project may be
used for administrative costs.
   (d) Except as otherwise provided in subdivision (c), the
California Youth Leadership Project Committee shall have the
authority to define its program and utilize its funds in any way
necessary to carry out the duties of this chapter, including, but not
limited to, partnering with nonprofit groups or state agencies to
perform various duties required by this chapter, as long as the
program or activity is not in violation of a state law or regulation.