BILL NUMBER: AB 624	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 3, 2008
	AMENDED IN SENATE  FEBRUARY 12, 2008
	AMENDED IN ASSEMBLY  JANUARY 23, 2008

INTRODUCED BY   Assembly Member Coto
   (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 the racial and gender
composition of the board of directors and staff of the foundation
 ,   ;     if applicable,
 the number of grants and  percentage of  grant
dollars awarded to organizations  specifically  serving
ethnic minority communities  and   , 
lesbian, gay, bisexual, and transgender communities,  and other
underrepresented communities;  the number of grants and 
percentage of  grant dollars awarded to 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  number and  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   including the number and 
percentage of board members who are male and female.
   (3) The racial composition of the foundation's staff, including
the  percentage of   number and percentage of
full-time equivalent  staff members that are African-American,
Asian-American, Pacific Islander, Caucasian, Latino, Native American,
and Alaskan Native.
   (4) The gender composition of the foundation's staff, including
the  number and  percentage of staff who are male and
female.
   (5) The  number and  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.
  and Alaskan Natives. 
   (6)  The   If applicable, the  number of
grants  and grant dollars  awarded to organizations 
specifically  serving African-American, Asian-American, Pacific
Islander, Caucasian, Latino, Native American, and Alaskan Native
communities,  and  lesbian, gay, bisexual, and
transgender communities  and other underrepresented communities
 . 
   (7) The percentage of grant dollars awarded to organizations
serving African-American, Asian-American, Pacific Islander,
Caucasian, Latino, Native American, and Alaskan Native communities,
and lesbian, gay, bisexual, and transgender communities. 

   (8) 
    (7)  The number of grants  and 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.   .  
   (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.  
   (10) 
    (8)  The number of grants  and grant dollars 
awarded to organizations where 50 percent or more of the 
full-time equivalent  staff are ethnic minorities or are
lesbian, gay, bisexual, or transgender people.   .
 
   (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) 
    (9)  The number of grants and grant dollars 
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  number and  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  number and  percentage who are male and
female.
   (3) The racial composition of the charitable trust or foundation's
staff, including the percentage of   number and
percentage of full-time equivalent  staff members that are
African-American, Asian-American, Pacific Islander, Caucasian,
Latino, Native American, and Alaskan Native.
   (4) The gender composition of the charitable trust or foundation's
staff, including the  number and  percentage who are male
and female.
   (5) The  number and  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.
  and Alaskan Natives. 
   (6)  The   If applicable, the  number of
grants  and grant dollars  awarded to organizations 
specifically  serving African-American, Asian-American, Pacific
Islander, Caucasian, Latino, Native American, and Alaskan Native
communities,  and  lesbian, gay, bisexual, and
transgender communities  and other underserved communities 
. 
   (7) The percentage of grant dollars awarded to organizations
serving African-American, Asian-American, Pacific Islander,
Caucasian, Latino, Native American, and Alaskan Native communities,
and lesbian, gay, bisexual, and transgender communities. 

   (8) 
    (7)  The number of grants  and 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.   .  
   (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.  
   (10) 
    (8)  The number of grants  and grant dollars 
awarded to organizations where 50 percent or more of the 
full-time equivalent  staff are ethnic minorities  or
are lesbian, gay, bisexual, or transgender people.   .
 
   (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) 
    (9)  The number of grants  and grant dollars 
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.