BILL NUMBER: AB 624	AMENDED
	BILL TEXT

	AMENDED IN SENATE  FEBRUARY 12, 2008
	AMENDED IN ASSEMBLY  JANUARY 23, 2008

INTRODUCED BY   Assembly Member Coto
   (  Coauthor:   Assembly Member 
 Dymally   Coauthors:   Assembly
Members   Dymally   and Lieu  )

                        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.  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,
gender, and sexual orientation data pertaining to its governance and
 domestic  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   staff  of the foundation, the number of
grants  and percentage of grant dollars  awarded to 
specified  organizations serving ethnic minority
communities and lesbian, gay, bisexual, and transgender communities,
 and  the  number of grants and  percentage
of grant dollars awarded to  specified 
organizations where 50% or more of the board members  or staff
 are ethnic minorities or are lesbian, gay, bisexual, or
transgender  , and the number of grants and percentage of grant
dollars awarded to predominantly low-income communities  . The
bill would require 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, 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.  
   (4) 
    (3)  The racial composition of the foundation's staff,
including the percentage of staff members that are African-American,
Asian-American, Pacific Islander, Caucasian, Latino, Native American,
and Alaskan Native. 
   (5) 
    (4)  The gender composition of the 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.  
   (7) 
    (5)  The percentage of business contracts awarded to
businesses owned by African-Americans, Asian-Americans, Pacific
Islanders, Caucasians, Latinos, Native Americans, Alaskan Natives,
and lesbian, gay, bisexual, or transgender people. 
   (8) 
    (6)  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. 
   (9) 
    (7)  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. 
   (10) 
    (8)  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. 
   (11) 
    (9)  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. 
   (12) 
    (10)  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. 
   (13) 
    (11)  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. 

   (12) The number of grants awarded to predominantly low-income
communities.  
   (13) The percentage of grant dollars awarded to predominantly
low-income communities. 
   (b) The information collected pursuant to subdivision (a) shall be
posted on the 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 foundations with assets over
two hundred fifty million dollars ($250,000,000)  and shall apply
only to a foundation's domestic grants  .
   (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,
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.
 
   (4) 
    (3)  The racial composition of the charitable trust or
foundation's staff, including the percentage of staff members that
are African-American, Asian-American, Pacific Islander, Caucasian,
Latino, Native American, and Alaskan Native. 
   (5) 
    (4)  The gender composition of the charitable trust or
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.  
   (7) 
    (5)  The percentage of business contracts awarded to
businesses owned by African-Americans, Asian-Americans, Pacific
Islanders, Caucasians, Latinos, Native Americans, Alaskan Natives,
and lesbian, gay, bisexual, or transgender people. 
   (8) 
    (6)  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. 
   (9) 
    (7)  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. 
   (10) 
    (8)  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. 
   (11) 
    (9)  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. 
   (12) 
    (10)  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. 
   (13) 
    (11)  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. 

   (12) The number of grants awarded to predominantly low-income
communities.  
   (13) The percentage of grant dollars awarded to predominantly
low-income communities. 
   (b) The information collected pursuant to subdivision (a) shall be
posted on the 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 foundations with assets over
two hundred fifty million dollars ($250,000,000)  and shall apply
only to a foundation's domestic grants  .
   (d) For purposes of this section, "organization" means an
organization described in Section 501(c)(3) of the Internal Revenue
Code.