BILL NUMBER: AB 624	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 23, 2008

INTRODUCED BY   Assembly Member Coto
    (   Coauthor:   Assembly Member  
Dymally   ) 

                        FEBRUARY 21, 2007

   An act to add Section 5081 to the Corporations Code, and to add
Section 16065 to the Probate Code, relating to private foundations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 624, as amended, Coto.  Private foundations 
 Foundations  : diversity.
   Existing law regulates the administration of nonprofit
corporations and trusts that are deemed to be private foundations, as
defined under federal tax law, and requires these private
foundations to distribute their income for each taxable year so as
not to subject the private foundation or its property to specified
federal tax requirements. Existing law requires these entities to
prepare specified annual reports.
   This bill would require a private  , corporate, or public
operating  foundation with assets over $250,000,000 to collect
specified ethnic  and   ,  gender  ,
and sexual   orientation  data pertaining to its
governance and grantmaking. The bill would require this information
to include, but not be limited to, the following: the racial 
and   ,  gender  , and sexual  
orientation  composition of the board of directors or trustees
 and members of the foundation  , the number of grants
awarded to specified organizations serving ethnic minority
communities  and lesbian, gay, bisexual, and transgender
communities  , and the percentage of grant dollars awarded to
specified organizations where 50% or more of the board members are
ethnic minorities  or are lesbian, gay, bisexual, or transgender
 . The bill would require  these private foundations
  a foundation  to disclose this information via
its Internet Web site, if available, and to include this information
in its annual report, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 5081 is added to the Corporations Code, to
read:
   5081.  (a) Notwithstanding any other provision of law, a
corporation, during any period or periods that it is deemed to be
 a "private foundation" as defined in Section 509 of the
Internal Revenue Code   a private, corporate, or public
operating foundation  , shall collect the following information:

   (1) The racial composition of its board of directors, including
the percentage of board members that are African-American,
Asian-American, Pacific Islander, Caucasian, Latino, Native American,
and Alaskan Native.
   (2) The gender composition of its board of directors, including,
the percentage of board members who are male and female. 
   (3) The sexual orientation composition of its board of directors,
including the percentage of board members who are lesbian, gay,
bisexual, and transgender people.  
   (3) 
    (4)  The racial composition of the  private
 foundation's staff, including the percentage of staff
members that are African-American, Asian-American, Pacific Islander,
Caucasian, Latino, Native American, and Alaskan Native. 
   (4) 
    (5)  The gender composition of the  private
 foundation's staff, including  ,  the
percentage of staff who are male and female. 
   (6) The sexual orientation composition of the foundation's staff,
including the percentage of staff who are lesbian, gay, bisexual, and
transgender people.  
   (5) 
    (7)  The percentage of business contracts awarded to
businesses owned by African-Americans, Asian-Americans, Pacific
Islanders, Caucasians, Latinos, Native Americans,  and
Alaskan Natives   Alaskan Natives, and lesbian, gay,
bisexual, or transgender people  . 
   (6) 
    (8)  The number of grants awarded to organizations
serving African-American, Asian-American, Pacific Islander,
Caucasian, Latino, Native American, and Alaskan Native 
communities   Communities, and lesbian, gay, bisexual,
and transgender communities  . 
   (7)
    (9)  The percentage of grant dollars awarded to
organizations serving African-American, Asian-American, Pacific
Islander, Caucasian, Latino, Native American, and Alaskan Native
 communities   Communities, and lesbian, gay,
bisexual, and transgender communities  . 
   (8) 
    (10)  The number of grants awarded to organizations
where 50 percent or more of the board members are ethnic minorities
 or are lesbian, gay, bisexual, or transgender people  .

   (9) 
    (11)  The percentage of grant dollars awarded to
organizations where 50 percent or more of the board members are
ethnic minorities  or are lesbian, gay, bisexual, or transgender
people  . 
   (10) 
    (12)  The number of grants awarded to organizations
where 50 percent or more of the staff are ethnic minorities  or
are lesbian, gay, bisexual, or transgender people . 
   (11) 
    (13)  The percentage of grant dollars awarded to
organizations where 50 percent or more of the staff are ethnic
minorities  or are lesbian, gay, bisexual, or transgender people
 .
   (b) The information collected pursuant to subdivision (a) shall be
posted on the  private  foundation's Internet Web
site, if available, and included in its annual report in a section
labeled "DIVERSITY."
   (c) This section shall only apply to  private 
foundations with assets over two hundred fifty million dollars
($250,000,000).
   (d) For purposes of this section, "organization" means an
organization described in Section 501(c)(3) of the Internal Revenue
Code.
  SEC. 2.  Section 16065 is added to the Probate Code, to read:
   16065.  (a) Notwithstanding any other provision of law, a trust,
during any period or periods that it is deemed to be a 
"private foundation" as defined in Section 509 of the Internal
Revenue Code   private, corporate, or public operating
foundation  , shall collect the following information:
   (1) The racial composition of its board of trustees or directors,
including the percentage of board members that are African-American,
Asian-American, Pacific Islander, Caucasian, Latino, Native American,
and Alaskan Native.
   (2) The gender composition of its board of trustees or directors,
including, the percentage who are male and female. 
   (3) The sexual orientation composition of its board of trustees or
directors, including the percentage of the board of trustees or
directors who are lesbian, gay, bisexual, and transgender people.
 
   (3) 
    (4)  The racial composition of the charitable trust or
 private  foundation's staff, including the
percentage of staff members that are African-American,
Asian-American, Pacific Islander, Caucasian, Latino, Native American,
and Alaskan Native. 
   (4) 
    (5)  The gender composition of the charitable trust or
 private  foundation's staff, including  ,
 the percentage who are male and female. 
   (6) The sexual orientation composition of the charitable trust or
foundation's staff, including the percentage of staff who are
lesbian, gay, bisexual, and transgender people.  
   (5) 
    (7)  The percentage of business contracts awarded to
businesses owned by African-Americans, Asian-Americans, Pacific
Islanders, Caucasians, Latinos, Native Americans,  and
Alaskan Natives  Alaskan Natives, and lesbian, gay,
bisexual, or transgender people  . 
   (6) 
    (8)  The number of grants awarded to organizations
serving African-American, Asian-American, Pacific Islander,
Caucasian, Latino, Native American, and Alaskan Native 
communities   Communities, and lesbian, gay, bisexual,
and transgender communities  . 
   (7) 
    (9)  The percentage of grant dollars awarded to
organizations serving African-American, Asian-American, Pacific
Islander, Caucasian, Latino, Native American, and Alaskan Native
 communities   Communities, and lesbian, gay,
bisexual, and transgender communities  . 
   (8) 
    (10)  The number of grants awarded to organizations
where 50 percent or more of the board members are ethnic minorities
 or are lesbian, gay, bisexual, or transgender people  .

   (9) 
    (11)  The percentage of grant dollars awarded to
organizations where 50 percent or more of the board members are
ethnic minorities  or are lesbian, gay, bisexual, or transgender
people  . 
   (10) 
    (12)  The number of grants awarded to organizations
where 50 percent or more of the staff are ethnic minorities  or
are lesbian, gay, bisexual, or transgender people  . 
   (11) 
    (13)  The percentage of grant dollars awarded to
organizations where 50 percent or more of the staff are ethnic
minorities  or are lesbian, gay, bisexual, or transgender people
 .
   (b) The information collected pursuant to subdivision (a) shall be
posted on the  private  foundation's Internet Web
site, if available, and included in its annual report in a section
labeled "DIVERSITY."
   (c) This section shall only apply to  private 
foundations with assets over two hundred fifty million dollars
($250,000,000).
   (d) For purposes of this section, "organization" means an
organization described in Section 501(c)(3) of the Internal Revenue
Code.
____ CORRECTIONS  Text--Pages 2 and 3.
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