BILL NUMBER: AB 2471 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 21, 2008
AMENDED IN SENATE AUGUST 18, 2008
AMENDED IN SENATE AUGUST 4, 2008
AMENDED IN ASSEMBLY MAY 23, 2008
AMENDED IN ASSEMBLY APRIL 1, 2008
INTRODUCED BY Assembly Member Karnette
(Principal coauthor: Assembly Member Dymally)
(Coauthor: Assembly Member Portantino)
(Coauthor: Senator Torlakson)
FEBRUARY 21, 2008
An act to add and repeal Chapter 9.6 (commencing with Section
8770) of Division 1 of Title 2 of the Government Code, relating to
arts.
LEGISLATIVE COUNSEL'S DIGEST
AB 2471, as amended, Karnette. Digital Arts Studio Partnership and
Workforce Program Act.
Existing law generally provides for various youth development
programs in the state.
This bill, until January 1, 2013, would establish the Digital Arts
Studio Partnership and Workforce Program (DASP) to train youth in
digital technology skills. It would require the program to be
administered by the Governor's office according to specified criteria
and subject to the availability of private funding for that purpose.
It would require the office, as the host agency for the program, to
contract with a nonprofit corporation meeting prescribed criteria to
implement the program. The bill would require the Governor's office
to establish an interagency agreement among various entities, and
would require representatives from those entities to meet at least
twice annually and to perform various duties with regard to the
program. The bill would require the Governor's office to report to
the Legislature annually on the program beginning March 1, 2010.
The bill woul d also create the Digital Arts Studio
Partnership Program Fund within the State Treasury to receive private
moneys for purposes of the program.
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. The Legislature finds and declares all of the
following:
(a) The youth of California are the primary beneficiaries of
digital media technology development because this technology is the
foundation of social relations, intellectual development, workforce
development, and exploration and understanding of their world.
(b) Currently, the training and educating of our youth in the
entire field of digital literacy, media arts, and communications
technology is often absent, isolated, fragmented, marginalized, and
underdeveloped in schools, industry, and the community.
(c) There is a need to ensure the availability of, and full access
to, innovative and career-quality digital arts training and tools,
and their dissemination to secondary school youth and educators.
Reinforcing basic and advanced skills in, and knowledge of, digital
literacy, media arts, and aesthetics applications will serve as a
means of improving the quality of education, digital literacy, and
workforce and community development offered in California.
(d) The understanding of the scope and nature of the field of
digital literacy, media arts, and telecommunications technology is
underdeveloped, and lacks cohesion and coherence.
(e) Educating and training our youth in digital media arts
technology will lead to careers in that field, thus contributing to a
stronger state economy through meeting vital employer sector needs.
(f) The establishment of a coordinated and networked regional
training and service model will enable our youth to obtain
competencies and skills and to pursue career paths in digital media
and telecommunications technology.
(g) There is a demonstrable need for high-quality media
communication tools and products in the community nonprofit sector in
order for that sector to accomplish its mission.
(h) Youth interconnectivity is benefited by access to, and mastery
of, emerging digital media technology, leading to improved
self-determination, self-empowerment, civic contributions, and
cultural harmony in our society.
(i) The manufacture, entertainment, and system design elements of
the digital media communication industries define the future of
interrelationships in California in the 21st century and, as such,
play an unparalleled and compelling role in the education, workforce
development, and economic future of California.
(j) Therefore, it is the intent of the Legislature in enacting
this act to develop comprehensive, community-based, public and
private statewide and regional partnerships that are the result of a
systematic planning process that includes strategies aimed at linking
existing programs providing technology training or services, or
both, to youth, promoting instructor professional development and
networking, and establishing active involvement and support of
private industry.
SEC. 2. Chapter 9.6 (commencing with Section 8770) is added to
Division 1 of Title 2 of the Government Code, to read:
CHAPTER 9.6. DIGITAL ARTS STUDIO PARTNERSHIP AND WORKFORCE
PROGRAM ACT
8770. This chapter shall be known and may be cited as the Digital
Arts Studio Partnership and Workforce Program Act.
8771. For the purposes of this chapter, the following definitions
shall apply:
(a) "DASP" or "program" means the Digital Arts Studio Partnership
and Workforce Program established pursuant to Section 8772.
(b) "Host agency" means the office of the Governor.
(c) "Interagency agreement" means the formal agreement established
to empower collaborative relationships between participating
education agencies and the other designated entities to implement the
essential cooperation and resource sharing required to effect the
paradigm shift in this chapter.
(d) "State Digital Arts Studio Partnership and Workforce
Organization" means a nonprofit corporation that meets the criteria
of Section 8774 and that has been approved by, and contracts with,
the host agency for implementation of the program at a statewide
level.
(e) "Regional DASP organization" means a regional nonprofit
corporation that has been approved by the host agency and contracts
with a nonprofit corporation as described in Section 8774 for
implementation of the program at a local level.
(f) "Satellite studio" means an organization that coordinates in
reporting, planning, and event operations between the hub and the
regional DASP organization and that meets all of the following
criteria:
(1) It can provide state-of-the-art digital media arts
consultative and support services to at least five of the media
ateliers or clubs.
(2) It can provide computers, video, audio, or other digital media
software and digital studio production and postproduction equipment
onsite and offsite.
(3) It can successfully produce and deliver media messages to a
potentially large offsite audience via cable television, Internet Web
site, broadcast, wireless communication, or low power FM (LPFM)
radio, or other means of electronic message distribution.
(4) It has specific training programs and curriculum designed for
youth aged 13 to 22 years, inclusive, and adult mentors.
(g) "Hub" means a facility that is contracted by the regional DASP
organization to provide the full range of state-of-the-art tools and
studio space, including computers, video, audio, or other digital
media software and production equipment onsite or offsite, and that
meets both of the following criteria:
(1) It can successfully deliver media messages to a potentially
large offsite audience via cable television, Internet Web site,
broadcast, wireless communication, or LPFM radio, or other means of
mass audience electronic message distribution.
(2) It offers regional training programs and curriculum
coordination with industry and postsecondary institutions for
emerging digital arts technology designed for young people and their
adult mentors in an afterschool or extended schoolday type program
for workforce development.
(h) "Media atelier or club" means a neighborhood program,
facility, or classroom that meets all of the following criteria:
(1) It is a dedicated digital media arts environment that can
provide afterschool or extended schoolday digital media arts training
activities for young people interested in mastery and knowledge of
digital media production and opportunities for community service.
(2) It can provide computers, video, audio, or other digital media
software and production and postproduction equipment and services
onsite and offsite.
(3) It has adult mentoring and a peer-to-peer support program
designed for young people.
(4) It agrees to report required program work, fiscal information,
and other data in a timely manner to the designated satellite studio
or to the regional DASP organization, to host periodic meetings and
media events for young people in close proximity to their homes, and
to establish and respect youth-led media association advisory plan
input.
(i) "Youth" means individuals aged 13 to 22 years, inclusive,
unless otherwise specified.
8772. (a) The Digital Arts Studio Partnership and Workforce
Program, also known as DASP, is hereby established in state
government.
(b) The purpose of the program is to create a voluntary regional
public and private partnership in digital literacy, media arts, and
telecommunications technology that will train youth and their mentors
in school or community-based regional digital technology programs,
in order to expand both academic and vocational pathways to learning
and to provide a qualified domestic workforce in communications
technology and the arts.
8773. (a) The office of the Governor, or a designee of the
Governor, shall administer the program, in consultation with the
Division of Career Technical Education in the State Department of
Education and the Chancellor of the California Community Colleges,
and shall serve as the program's host agency. In administering the
program, the host agency shall do all of the following:
(1) Develop and administer a master contract with the corporation
described in Section 8774.
(2) Approve the plan developed pursuant to Section 8775.
(3) Approve contracts that the nonprofit corporation described in
Section 8774 has entered into with not more than one regional DASP
organization in the state.
(4) Report annually, beginning no later than March 1, 2010, and by
that date each subsequent year, on the progress of the program to
the Joint Committee on the Arts, the Assembly Committee on Arts,
Entertainment, Sports, Tourism, and Internet Media, the Senate
Committee on Education, the Assembly Committee on Education, and the
Legislative Analyst's Office. The report shall include performance
measures, as set forth in paragraph (10), and any other information
required by the Legislature.
(5) Provide input for the program's annual budget.
(6) Approve contracts for assessments or evaluations.
(7) Review expenditures for the program.
(8) Serve as a cohost, with the contracting corporation, of the
program's annual statewide conference.
(9) Convene at least one meeting annually of representatives of
K-12 education, community colleges, four-year learning institutions,
workforce development agencies, including, but not limited to, the
Labor and Workforce Development Agency and state and local workforce
investment boards, and youth councils, to review the progress the
state is making toward meeting the objectives of this chapter. The
review shall include, but not be limited to, how the state is working
with industry to develop a well-trained workforce in digital media
arts and telecommunications technology.
(10) Establish performance criteria for evaluating digital arts
studio partnerships that include, but are not limited to, the
following:
(A) Training outcomes.
(B) Youth multimedia art products and their exhibition.
(C) Digital media and aesthetics curriculum development and
dissemination.
(D) After-school instructor recruitment and training.
(E) Partnerships with industry and their effectiveness.
(F) Youth leadership development.
(G) Community service and enhancement.
(H) Communication arts growth and achievements.
(I) Impact on digital divide challenges.
(11) (A) Establish an interagency agreement as a transitional
method to provide oversight and guidance among the participating
public agencies in implementing the DASP.
(B) The participating agencies in the interagency agreement may
include, but shall not be limited to, the State Department of
Education, the Office of the Chancellor of the California Community
Colleges, the Office of the Chancellor of the California State
University, the Office of the President of the University of
California, the Labor and Workforce Development Agency, the Business,
Transportation and Housing Agency, the office of the Lieutenant
Governor, the California Film Commission, and the California Arts
Council.
(C) The agreement shall provide a mechanism for the parties to the
agreement to meet, at a minimum, twice each calendar year in order
to advise the host agency on policy and to assist in the development
of the plan developed pursuant to Section 8775. Policy issues
include, but are not limited to, evaluating the needs of the state
with respect to emerging technology; establishing allocation
priorities for industry sectors, such as entertainment, design, or
communications, among others; and convening the program's annual
statewide conference.
(b) The office of the Governor shall appoint a staff person to
exercise oversight of the duties of the host agency, subject to the
availability of funds for the position.
(c) The office of the Governor, or the Governor's designee, shall
implement this section only to the extent that private funds are
appropriated by the Legislature in the annual Budget Act, or other
statute, for those purposes.
8774. (a) The host agency shall contract with a nonprofit
corporation to implement the activities in this chapter. The criteria
for selection of the contractor shall include all of the following:
(1) The contracting corporation shall be a nonprofit corporation
organized under the laws of this state, whose sole responsibility is
to implement the program described in this chapter.
(2) The contracting corporation shall have the capability to
conduct statewide activities.
(3) The board of directors of the contracting corporation shall
include at least one member from the regional organization and at
least two youths under 22 years of age.
(4) The contracting corporation and its officers shall have a
history of work in the area of digital arts, including, but not
limited to, convening of statewide conferences, developing policy,
and working with industry partners.
(5) The contracting corporation shall demonstrate that it has the
ability to disseminate curriculum and to assist professional
development courses.
(6) Colleges, universities, community nonprofits in limited
geographic areas, or for-profit corporations, shall not be eligible
to contract under this section.
(b) The contracting corporation shall have all of the following
duties:
(1) Developing the plan pursuant to Section 8775, for approval by
the host agency.
(2) Drafting a master contract for approval by the host agency.
(3) Planning and administering all aspects of conferences, forums,
and meetings with respect to the statewide program, including the
annual statewide DASP conference.
(4) Establishing standards and requirements and grant guidelines,
processes, and procedures for, and administering contracts with, the
regional DASP organization.
(5) Overseeing the performance of grantees, including local
service providers such as hubs, media ateliers or clubs, satellite
studios, and industry partners.
(6) Developing policies for the program, subject to approval by
the host agency.
(7) Developing recommendations for statutory or regulatory changes
for the program, subject to approval by the host agency.
(8) Meeting regularly with secondary and postsecondary state
education leaders.
(9) Producing and promoting model curriculum units in digital
multimedia technology education for one DASP organization.
(10) Serving as liaison with applicable state agency advisory
panels and private industry sectors.
(11) Developing assessment or evaluation contracts for host agency
approval.
(12) Developing and maintaining an inclusive Internet Web site.
(13) Providing necessary data collection and research functions.
(14) Administering the day-to-day operations of the program.
(15) Submitting an annual report to the host agency detailing the
progress made and challenges encountered toward meeting the goals set
forth in the statewide plan.
(16) Entering into contracts with one regional DASP organization.
(c) No appropriation of other than private funds shall be made in
the annual Budget Act or other statute for the sole purpose of
providing funds required to implement the provisions of this section.
However, it is the intent of the Legislature that the nonprofit
corporation described in this section may apply for and utilize
existing state resources, including, but not limited to, workforce
investment, career technical education, teacher professional
development, and funding for arts, media, and related facilities to
implement this section.
8775. The plan developed by the contracting corporation shall
include all of the following elements:
(a) A map of digital programs, to include all of the following:
(1) Training targets for each region that enumerate the number of
youth and teachers to be trained annually.
(2) An assessment of programs in digital media arts in California
at the secondary, community college, and four-year educational
institutions as well as private or community training agencies.
(3) A list of companies or corporations that offer
state-of-the-art training programs and support for instructors that
may provide relations with DASP, including, but not limited to, the
following:
(A) Cash contributions.
(B) Mentors.
(C) Resident artists, scientists, designers, or communications
experts who work in a school or community-based nonprofit program
that is a program partnership.
(D) Assistance in vocational and career educational counseling.
(E) Educational tours and onsite training for youth and mentors.
(F) Establishment and administration of "junior achievement
operations" or similar model programs at program partner schools or
nonprofit community agencies.
(G) Equipment or tools that are currently on the market or
emerging into the market.
(H) Beta testing and training at program sites for new and
emerging equipment and systems.
(I) Organizational design, management consultation and assistance,
curriculum and standards development, public service media
production, public awareness and outreach assistance, and Internet
Web site development or maintenance with, and for, any program
partnership.
(J) Media or product exhibition venue and sponsorship assistance.
(K) Fundraising and resource development assistance.
(L) Service learning opportunity support and assistance.
(M) Contributions to eliminate digital divide situations and to
access disparities due to poverty, race, disability, gender, or
geographic barriers through organizational development and system
change interventions and resources.
(N) Scholarships.
(O) Sponsorship of program-conducted video, film, Internet, audio,
or other digital media shows, exhibitions, or competitions for
students in program partner areas or schools.
(P) Design and development of curriculum at the state and local
levels.
(Q) Textbooks, software, and technical advice on the way to use
donated equipment.
(R) Warranties and maintenance on equipment and tools.
(S) Provision of internships, fellowships, job shadowing, and
seasonal, part-time, or full-time employment opportunities for either
or both program partnership youth and mentors.
(T) Assistance in advanced educational or employment
opportunities for program partnership youth and mentors.
(b) Industry areas of concentration, including all of the
following:
(1) A description of industry needs by sector, including, but not
limited to, digital art and design, manufacturing, software design,
and entertainment, as well as other applications in forensics,
sciences, health care, agriculture, legal, and other relevant
professions that require digital modeling or simulations.
(2) An inventory and description of programs offered by industry
partners, including, but not limited to, internships, mentorships,
residencies, executive loan programs, and certification and
noncertification training programs.
(3) Identification of the best practice pathways and approaches to
engage all of the investment strategies that DASP industry partners
may offer that include using all divisions of a company, including
sales and marketing, human resources, philanthropy, and community and
government relations entities.
(c) An education interface, including all of the following:
(1) An inventory and description of all partner educational
institutions that sign agreements with the contracting corporation or
with the regional DASP organization.
(2) An assessment of articulation of educational programs at all
levels, including, but not limited to, middle school, high school,
community college, and four-year institutions.
(3) A description of how to encourage use of the state's career
technical education standards and framework through workshops or
assistance made available through DASP.
(4) Other necessary functions that relate to education and digital
media programs and companies.
(d) A master contract, including all of the following:
(1) A definition of the regional DASP organization and designation
of the regional DASP organization.
(2) (A) Execution of an agreement with the regional DASP
organization that ensures fulfillment of DASP objectives, including,
but not limited to, the following functions and activities:
(i) A professional staff development plan for teachers in the
region by approved agents, and other workshops for teachers in using
digital arts standards and frameworks.
(ii) Development of mentorships, internships, and residencies in
schools.
(iii) Development of articulation agreements between secondary
schools, community colleges, and four-year institutions.
(iv) Convening of open and public regional DASP organization board
meetings, at least four times annually.
(v) Selection of regional DASP organization representatives for
the board of the contracting corporation.
(vi) Mandatory attendance of staff and board of the regional DASP
organization at the statewide annual conference.
(vii) Participation in DASP affinity groups, including, but
limited to, drafting sessions at the annual statewide conference.
(viii) Participation in data collection as called for by the
contracting corporation.
(ix) Production of multimedia festivals or showcases, or both, of
youth works.
(x) Holding career promotion days for youth in the region.
(xi) Marketing and promoting DASP work for public awareness.
(xii) Developing grants and related funding support sources.
(xiii) Promoting community service projects and coordination with
the regional nonprofit organizational sector.
(xiv) Recruiting private sector partners, including individuals,
companies, and corporations in the field of technology, media, arts,
entertainment, Web design, industrial design, communications, and
software development for investment and participation in the program.
(xv) Recruiting partners among labor unions, professional
associations, business associations, nonprofit sector organizations,
and relevant workforce government agencies.
(B) The execution of agreements with the regional DASP
organization shall also ensure that the organization can achieve all
of the following objectives:
(i) The capacity to reach a population of at least one million
people or collaborate in a regional, multicounty, community-based,
coordinated program, or the capacity to broadcast student-produced
media, or both.
(ii) The capacity and ability to train 500 youths and 100 mentors
or instructors annually where feasible. Youths trained shall include
youth from low-income families and communities of color, and youth
with disabilities.
(iii) Where feasible, the ability to provide access for youth,
beyond the established schoolday, to state-of-the-art facilities,
equipment, and personnel.
(iv) The ability to provide expert staff who shall serve as
trainers and mentors.
(v) The ability to identify underequipped and underserved
communities and schools in the targeted region, for purposes of
inclusion in the program.
(vi) Identify and designate a hub site or organization that can
provide necessary production and broadcast facilities for digital
media and communications work.
(vii) Identify and designate at least four satellite studio sites
that can provide technologic equipment to shoot and edit youth media
product, with accessibility of a teacher or mentor onsite to assist
youth.
(viii) Identify and designate necessary additional youth media
ateliers or clubs where youth can meet, learn, and work
collaboratively on projects.
(ix) Development of youth organizations led, to the degree
possible, by youth.
(3) A description of funds available and the mechanism for funding
regional programs.
(4) Grant development functions provided by DASP to the
participating regional DASP organization.
8776. (a) The Digital Arts Studio Partnership Demonstration
Program Fund is hereby established in the State Treasury.
(b) The fund may receive private moneys, to be administered by the
host agency for purposes of this chapter, upon appropriation by the
Legislature.
8776. 8777. Except as specified
with respect to state entities, no part of this chapter shall be
construed to apply to any public or private entity that has not
agreed to participate in the program.
8777. 8778. This chapter shall
remain in effect only until January 1, 2013, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2013, deletes or extends that date.