BILL NUMBER: AB 116 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 12, 2002
AMENDED IN SENATE APRIL 2, 2002
AMENDED IN ASSEMBLY APRIL 16, 2001
INTRODUCED BY Assembly Members Nakano, Chan, Chu, and Liu
(Coauthors: Assembly Members Aroner, Cedillo, Correa, Diaz,
Goldberg, Havice, Strom-Martin, Vargas, and Wayne)
(Coauthors: Senators Alpert, Ortiz, and Romero)
JANUARY 18, 2001
An act to add Chapter 3.3 (commencing with Section 8255) to
Division 1 of Title 2 of the Government Code, relating to Asian and
Pacific Islander American affairs.
LEGISLATIVE COUNSEL'S DIGEST
AB 116, as amended, Nakano. Commission on Asian and Pacific
Islander American Affairs.
Existing law establishes various advisory boards and commissions
in state government with specified duties and responsibilities.
This bill would create the Commission on Asian and Pacific
Islander American Affairs consisting of 13 members appointed as
specified. The duties of the commission include advising the
Governor, the Legislature, and state agencies, departments, and
commissions on issues relating to the social and economic
development, and the rights and interests of Asian Pacific Islander
American (APIA) communities.
The bill would also require the commission to act as a liaison
with APIA communities, hold meetings on issues affecting the APIA
community, and submit an annual report with specified recommendations
by December 1 of each year to the Governor and the Legislature that
details the commission's activities and sets forth its action plan
for the following year.
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. Chapter 3.3 (commencing with Section 8255) is added to
Division 1 of Title 2 of the Government Code, to read:
CHAPTER 3.3. COMMISSION ON ASIAN AND PACIFIC ISLANDER AMERICAN
AFFAIRS
8255. The Legislature finds and declares all of the following:
(a) The Asian and Pacific Islander American (APIA) community is
the fastest growing community in the State of California. According
to the last census, the state's APIA population is over 12 percent of
the total state population. California also has the largest
population of Pacific Islanders in the contiguous United States.
(b) In the 1990 census, the four largest APIA groups, Chinese,
Filipino, Korean, and Japanese, made up 90 70
percent of the state's APIA population. In the 2000 census,
these four groups now make up 50 66
percent of the new state's APIA population. New emerging APIA
communities now make up the other half of the state's APIA
population. They bring with them many challenges and assets relative
to the changing face of California. Many of these groups are not
immigrants, but refugees. Many are here because of failed foreign
policy strategies. All are here and will for the most part not go
back to their countries of origin.
(c) The APIA community comprises, and will continue to comprise, a
significant population in the State of California, and have unique
interests and concerns that must be addressed on a continuing basis
in order for APIA communities to flourish in California. It is,
therefore, appropriate and beneficial to create a state advisory
commission.
8255.5. The following definitions govern this chapter:
(a) "Commission" means the Commission on Asian and Pacific
Islander American Affairs.
(b) "APIA" means Asian and Pacific Islander American.
8256. (a) There is established in state government the Commission
on Asian and Pacific Islander American Affairs, which shall be
comprised of 13 members appointed in accordance with subdivision (b)
and shall conduct its business in accordance with this chapter.
(b) (1) The members of the commission shall be individuals with
knowledge or expertise of the APIA community, whether by experience
or training, and who are representative of that community in the
state, both geographically and demographically.
(2) Commission members shall be appointed as follows:
(A) Four members, appointed by the Senate Committee on Rules.
(B) Four members, appointed by the Speaker of the Assembly.
(C) Five members, appointed by the Governor. The Governor's
appointees shall not be subject to confirmation by the Senate.
(3) The Senate Committee on Rules, Rules
and the Speaker of the Assembly , and the Governor
shall make one appointment each from a pool of three
nominees selected for each of the respective positions by the Asian
and Pacific Islander Legislative Caucus.
(4) Appointments shall be made during the 2003 calendar year.
The terms of commission members shall commence on January 1, 2004.
(5) (A) Subject to subparagraph (B), commission members
shall serve for terms of four years.
(B) Of the initial appointments by the Governor, four members
shall serve four-year terms, and one member shall serve a two-year
term. Of the initial appointments by the Senate Committee on Rules
and the Speaker of the Assembly, two members appointed by each
appointing power shall serve four-year terms, and two members
appointed by each appointing power shall serve two-year terms.
(5)
(6) Any vacancy in the membership of the commission shall
not affect the powers of the commission and shall be filled in the
same manner as the original appointment.
(c) The chair of the commission shall be elected by a majority of
the appointed members of the commission at the first
official meeting of the commission, and shall serve a term of one
year or until a successor is elected, whichever occurs later.
8256.5. (a) A majority of the appointed members of the
commission shall constitute a quorum to conduct business, but the
commission may establish a lesser quorum for conducting meetings
scheduled by the commission. The commission may establish by majority
vote any other rules for the conduct of the commission's business,
if the rules are not inconsistent with this chapter or other
provisions of law.
(b) After its first year, the commission shall establish both of
the following:
(1) A schedule of meetings to be held six
four times a year.
(2) Designated meeting places at locations throughout the State of
California.
(c) Members of the commission shall serve without compensation,
but may be reimbursed for actual and necessary travel expenses.
8257. The commission shall do all of the following:
(a) Advise the Governor, the Legislature, and state agencies,
departments, and commissions on issues relating to the social and
economic development, and the rights and interests of APIA
communities and on how to respond most effectively to the views,
needs, and concerns of the state's APIA communities.
(b) Assist the state in maintaining effective liaison and outreach
with APIA communities in California, by, among other means,
disseminating information about Asian American resources to the
public and engaging in effective outreach with APIA communities in
the state by communicating information to them concerning public and
private programs that are beneficial to their interest.
(c) Examine issues of access and cultural and language sensitivity
by state agencies, departments, and commissions and compile research
about APIA communities relative to the use of state services,
including the development and maintenance of data relative to this
use.
(d) Provide assistance to policymakers and state agencies on
identifying the needs or problems affecting APIA communities and in
developing appropriate responses and programs.
(e) Educate the public about hate crimes against APIA communities
and other key issue areas identified by the commission.
8258. By December 1 of each year, the commission shall submit an
annual report to the Governor and the Legislature detailing
activities undertaken by the commission in the preceding 12-month
period. The report shall set forth the commission's proposed action
plan for the following year and its recommendations on how to improve
the delivery of state services to APIA communities.
8259. With respect to its duties under Section 8257, the
commission shall be an advisory commission 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 commission
without further legislation that specifically authorizes that the
evaluations, determinations, and findings of the commission be
implemented.
8259.5. In addition to any funds appropriated expressly for the
purposes of this chapter, the commission may apply for and accept
grants and receive gifts, donations, and other financial support from
public or private sources for purposes of this chapter, subject to
the requirements of Sections 11005 and 11005.1 of the Government
Code. ____ CORRECTIONS Text --
Page 4. ____