BILL NUMBER: SB 516 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 15, 2010
AMENDED IN ASSEMBLY JUNE 24, 2009
AMENDED IN SENATE MAY 28, 2009
AMENDED IN SENATE APRIL 29, 2009
AMENDED IN SENATE APRIL 14, 2009
INTRODUCED BY Senator DeSaulnier
(Coauthor: Assembly Member Torlakson)
FEBRUARY 26, 2009
An act to add and repeal Article 4.5 (commencing with Section
18736) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and
Taxation Code, and to add Chapter 4 (commencing with Section 2200) to
Division 2.5 of the Welfare and Institutions Code, relating to the
California Youth Legislature.
LEGISLATIVE COUNSEL'S DIGEST
SB 516, as amended, DeSaulnier. California Youth Legislature.
Existing law establishes the California Senior Legislature to
provide model legislation for older citizens and advocate for the
needs of seniors. This law establishes in the State Treasury the
California Fund for Senior Citizens to receive contributions from tax
return designations to support the sessions of the California Senior
Legislature. Existing law authorizes individual taxpayers to
contribute amounts in excess of their tax liability for the support
of specified funds or accounts.
This bill would establish the California Youth Legislature,
composed of students ages 14 to 18 years, inclusive, and, subject to
specified considerations, appointed by Members of the
Legislature, to provide model legislation and advocate for
the needs of youth. The California Youth Legislature would be charged
with examining and discussing policy and fiscal issues affecting the
interests, needs, and conditions of the youth of California and
to with formally advise
advising and make making
recommendations to the Legislature and the Governor on
specific issues affecting youth. The bill would authorize
create the California Youth Legislature
Advisory Committee, which would be chaired by the chair of the Joint
Committee on Rules and composed of appointed representatives of
organizations with expertise on issues facing youths, which, among
other duties, would appoint members of the youth legislature. The
bill would require the California Youth Legislature
advisory committee to enter into an interagency
agreement with the Joint Committee on Rules to carry out necessary
administrative functions. If the Joint Committee on Rules
The advisory committee also would be charged with
determining when there are sufficient funds to support the program
and if it determines that there are insufficient
funds to cover all costs, the activities of the California Youth
Legislature would cease. The
The bill would create in the State Treasury the
California Fund for Youth to receive contributions from tax return
designations to support the sessions of the California Youth
Legislature. This bill would provide for the repeal of this
contribution provision for this fund on January 1 of the 5th taxable
year following the first appearance of the California Fund for Youth
on the tax return or on January 1 of an earlier calendar year, if the
Franchise Tax Board estimates that the annual contribution amount
will be less than $250,000, or an adjusted amount, as specified, for
subsequent taxable years. The bill also would authorize the
California Youth Legislature to accept gifts and grants from any
source to help perform its functions.
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. Article 4.5 (commencing with Section 18736) is added to
Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation
Code, to read:
Article 4.5. California Fund for Youth
18736. (a) Any individual may designate on the tax return that a
contribution in excess of the tax liability, if any, be made to the
California Fund for Youth, which is established by Section 18737.
(b) The contributions shall be in full dollar amounts and may be
made individually by each signatory on a joint return.
(c) A designation under subdivision (a) shall be made for any
taxable year on the original return for that taxable year, and once
made shall be irrevocable. In the event that payments and credits
reported on the return, together with any other credits associated
with the individual's account, do not exceed the individual's tax
liability, the return shall be treated as though no designation has
been made.
(d) If an individual designates a contribution to more than one
account or fund listed on the tax return, and the amount available is
insufficient to satisfy the total amount designated, the
contribution shall be allocated among the designees on a pro rata
basis.
(e) The Franchise Tax Board shall revise the form of the return to
include a space labeled "California Fund for Youth" to allow for the
designation permitted under subdivision (a). The form shall also
include in the instructions information that the contribution may be
in the amount of one dollar ($1) or more and that the contribution
shall be used to conduct the sessions of the California Youth
Legislature and to support its ongoing activities on behalf of youth.
(f) Notwithstanding any other provision, a voluntary contribution
designation for the California Fund for Youth shall not be added on
the tax return until another voluntary contribution designation is
removed.
(g) A deduction shall be allowed under Article 6 (commencing with
Section 17201) of Chapter 3 of Part 10 for any contribution made
pursuant to subdivision (a).
18737. There is hereby established in the State Treasury the
California Fund for Youth to receive contributions made pursuant to
Section 18736. The Franchise Tax Board shall notify the Controller of
both the amount of money paid by taxpayers in excess of their tax
liability and the amount of refund money that taxpayers have
designated pursuant to Section 18736 to be transferred to the
California Fund for Youth. The Controller shall transfer from the
Personal Income Tax Fund to the California Fund for Youth an amount
not in excess of the sum of the amounts designated by individuals
pursuant to Section 18736 for payment into that fund.
18738. All moneys transferred to the California Fund for Youth
pursuant to Section 18736, upon appropriation by the Legislature,
shall be allocated as follows:
(a) To the Franchise Tax Board and the Controller for
reimbursement of all costs incurred by the Franchise Tax Board and
the Controller in connection with their duties under this article.
(b) The balance to the California Youth Legislature, for
its to be allocated for the ongoing activities
on behalf of youth of the California Youth
Legislature .
(c) All moneys allocated pursuant to subdivision (b) of this
section may be carried over from the year in which they were
received.
(d) The funds allocated to the California Youth Legislature for
the purpose of funding the activities of the California Youth
Legislature shall be spent pursuant to the purview of the Joint
Rules Committee Committee on Rules of
the California Youth Legislature in a manner
consistent with the bylaws of the California Youth Legislature,
created by the California Youth Legislature Advisory Committee,
established through a majority vote of the California Youth
Legislature Advisory Committee .
18739. (a) This article shall remain in effect only until January
1 of the fifth taxable year following the first appearance of the
California Fund for Youth on the tax return, and as of that date is
repealed.
(b) (1) By September 1 of the second calendar year, and by
September 1 of each subsequent calendar year that the California Fund
for Youth appears on a tax return, the Franchise Tax Board shall do
all of the following:
(A) Determine the minimum contribution amount required to be
received during the next calendar year for the fund to appear on the
tax return for the taxable year that includes that next calendar
year.
(B) Provide written notification to the California Youth
Legislature of the amount determined in subparagraph (A).
(C) Determine whether the amount of contributions estimated to be
received during the calendar year will equal or exceed the minimum
contribution amount determined by the Franchise Tax Board for the
calendar year pursuant to subparagraph (A). The Franchise Tax Board
shall estimate the amount of contributions to be received by using
the actual amounts received and an estimate of the contributions that
will be received by the end of that calendar year.
(2) If the Franchise Tax Board determines that the amount of
contributions estimated to be received during a calendar year will
not at least equal the minimum contribution amount for the calendar
year, this article is repealed with respect to taxable years
beginning on or after January 1 of that calendar year.
(3) For purposes of this section, the minimum contribution amount
for a calendar year means two hundred fifty thousand dollars
($250,000) for the second calendar year after the first appearance of
the California Fund for Youth on the personal income tax return or
the adjusted minimum contribution amount adjusted pursuant to
subdivision (c).
(c) For each calendar year, beginning with the third calendar year
that the California Fund for Youth appears on the tax return, the
Franchise Tax Board shall adjust, on or before September 1 of that
calendar year, the minimum estimated contribution amount specified in
subdivision (b) as follows:
(1) The minimum estimated contribution amount for the calendar
year shall be an amount equal to the product of the minimum
contribution amount for the prior September 1 multiplied by the
inflation factor adjustment as specified in paragraph (2) of
subdivision (h) of Section 17041, rounded off to the nearest dollar.
(2) The inflation factor adjustment used for the calendar year
shall be based on the figures for the percentage change in the
California Consumer Price Index received on or before August 1 of the
calendar year pursuant to paragraph (1) of subdivision (h) of
Section 17041.
(d) Notwithstanding the repeal of this article, any contribution
amounts designated pursuant to this article prior to its repeal shall
continue to be transferred and disbursed in accordance with this
article as in effect immediately prior to that repeal.
SEC. 2. Chapter 4 (commencing with Section 2200) is added to
Division 2.5 of the Welfare and Institutions Code, to read:
CHAPTER 4. CALIFORNIA YOUTH LEGISLATURE
2200. (a) The Legislature finds and declares that the needs of
California's youth can best be assessed by California's youth.
(b) The Legislature recognizes recognizes
that there are over 9,000,000 youths under the age of 19 years in
California, and an additional 3,000,000 more young adults between the
ages of 18 years and 24 years.
(c) The Legislature
recognizes that all young people need five key developmental
resources in order to become productive citizens: caring adults, safe
places, a healthy start, an effective education, and opportunities
to help others. The Legislature further recognizes that young people
who receive more of these developmental resources fare better than
young people who receive fewer, and that those young people are more
likely to avoid violence, contribute to their communities, and
achieve high grades in school. The Legislature further recognizes the
significant number of California's youth who live disadvantaged
lives. Of those youths, an estimated 200,000 minors and
thousands more youths ages 18 years to 24 years, inclusive,
experience homelessness each year. Another 80,000 youths are in the
foster care system, over 2,500 youths in California currently occupy
juvenile justice facilities, and more than 3,000 youths
are on parole from those facilities. Youth who are homeless, in
the juvenile justice system, or in foster care have limited
opportunities to participate in the policies process that ultimately
impacts their well-being.
(d) The Legislature recognizes that there are limited civic
engagement opportunities for these disconnected and disadvantaged
youths, especially opportunities developed and designed for and with
them in mind.
(c)
(e) The Legislature is alarmed that hundreds of
thousands of California youth are among the two-thirds of America's
children and youth recently identified by the America's Promise
Alliance as not receiving sufficient developmental resources to
safely put them on the path to adulthood. The Legislature also is
concerned that the high school completion rate is less than 60
percent for low-income students and students of color in California,
that gang and youth violence continue to be a concern and
that after years of declining numbers, teen pregnancy rates are also
on the rise. although birth rates to teen mothers have
decreased, "teen pregnancy and parenting" continues to be a
significant social problem in California. The Legislature is
encouraged, however, by research indicating that providing more of
the five developmental resources for more young people can help
prevent many of these problems, and that millions of dollars in later
prison, health, and welfare costs can be avoided by providing more
developmental resources for more young people now.
(d)
(f) The Legislature also agrees with the America's
Promise Alliance's call for greater collaboration and integration in
working to turn failure into action and improve the lives of young
people at risk and with the actions of the more than 20 states that
have committed their state resources for the creation of statewide
entities charged with improving the developmental well-being of their
children and youth.
(e)
(g) The California Youth Legislature shall be
established through this chapter and shall operate according to the
procedures set forth in this chapter to provide model legislation and
advocate for the needs of youth.
2201. (a) The California Youth Legislature shall be composed of
two houses, the California Youth Senate, composed of 40 members, and
the California Youth Assembly, composed of 80 members.
(b) Members of the California Youth Legislature shall serve
two-year terms.
(c) Members of the California Youth Legislature shall be ages 14
to 18, inclusive, and currently enrolled in a California junior high,
middle, or high school, or participating in a nonpublic, home-based
educational program or a general equivalency degree program.
2202. (a) The members of the California Youth Legislature shall
be appointed by the Legislature, with one member appointed
by each California Youth Legislature Advisory
Committee. Each Member of the Senate and each Member of the
Assembly may nominate one youth from his or her respective
district to apply for the program .
(b) Members of the Senate and Members of the Assembly, in making
their nominations, and members of the California Youth
Legislature Advisory Committee, in making their appointments,
shall take into consideration that the members of the California
Youth Legislature represent the racial, ethnic, socioeconomic,
cultural, physical, and educational diversity of California.
Particular emphasis should be placed on reaching out to at-risk or
disadvantaged youth to serve as members of the California Youth
Legislature, as their participation will provide keen insight to many
of the issues that youth face in their day-to-day lives.
2203. (a) The California Youth Legislature shall have
the authority to define its program and utilize its funds in any way
necessary to carry out the duties of this chapter, as long as the
program or activity is not in violation of a state law or regulation.
Legislature's main policy goal will be to provide
meaningful opportunities for actual civic engagement to improve the
quality of life for California's disconnected and disadvantaged
youth. Furthermore, youths involved with the California Youth
Legislature will make meaningful recommendations regarding
legislation and policies that impact their own lives and
the lives of the thousands of other youths in California whose voices
often go unheard.
(b) The California Youth Legislature shall do all of the
following:
(1) Examine and discuss policy and fiscal issues affecting the
interests, needs, and conditions of the youth of California.
(2) Formally advise and make recommendations to the Legislature
and the Governor on specific issues affecting youth, including, but
not limited to, all of the following:
(A) Education.
(B) Employment.
(C) Access to state and local government services.
(D) The environment.
(E) Behavioral and physical health.
(F) Safety.
(G) Technology.
(H) Criminal justice.
(I) Homelessness.
(J) Foster care.
(K) Child welfare.
(L) Emancipation.
(M) Financial literacy.
(N) Substance abuse.
(O) Driver's license requirements.
(P) Poverty.
(Q) Increased youth participation in state and local government.
(R) Any other policy or fiscal issues deemed appropriate by the
Youth Legislature.
(3) Consult with any existing local level youth advisory
commissions and community-based, grassroots youth-led organizations
for input and potential solutions on issues related to youth.
(4) To complete its duties, the California Youth Legislature shall
convene and conduct meetings according to its bylaws, created by the
California Youth Legislature Advisory Committee to fulfill the
intentions of this chapter.
(c) The Youth Legislature shall act as an information center on
California youth policy and fiscal issues, including, but not limited
to, the issues listed in subdivision (b). When available, funds
shall be allocated to enable individual youths to travel to the State
Capitol to learn the legislative process and, on occasion, to
testify at hearings on legislation.
2204. (a) The The California Youth
Legislature Advisory Committee shall be established and shall serve
as the advisory board to the California Youth Legislature regarding
the development, implementation, and administration of the program as
provided in this chapter.
(b) (1) The California Youth Legislature Advisory Committee shall
be chaired by the chair of the Joint Committee on Rules, or his or
her designee. The Joint Committee on Rules shall appoint members of
the California Youth Legislature Advisory Committee.
(2) The California Youth Legislature Advisory Committee shall be
composed of, but not limited to, appointed representatives from
statewide nonprofit youth organizations, community-based nonprofit
organizations that serve youth or youth-related issues, and an
appointed representative of a local education agency or school
district or its appointed designee. The California Health and Human
Services Agency may also, but is not required to, appoint a member of
the California Youth Legislature Advisory Committee.
(3) To assure that members of the California Youth Legislature
have the support they may need given their unique situation, members
of the California Youth Legislature Advisory Committee must have
experience and training working with youths ages 14 to 18 years,
inclusive, on the issues described in subdivision (b) of Section 2203
and have special experience in civic engagement and advocacy and at
least one of the following issue areas affecting youth:
(A) Crisis prevention or intervention.
(B) Drug, alcohol, and tobacco abuse prevention or intervention.
(C) Foster care.
(D) Juvenile justice.
(E) Homelessness.
(F) Lesbian, gay, bisexual, and transgender rights and social
justice.
(G) Mental health.
(c) (1) The California Youth Legislature Advisory Committee shall
determine the time, location, and number of annual meetings, but
shall meet no less than four times per year.
(2) The California Youth
Legislature shall enter into a mutually agreed-upon interagency
agreement with the Joint Committee on Rules to carry out
administrative duties related to its program. The
interagency agreement shall provide for reimbursement to the Joint
Committee on Rules for its administrative costs from funds available
to the California Youth Legislature.
(b) The Joint Committee on Rules
(3) The California Youth Legislature Advisory Committee shall
submit an annual budget and report to the Joint Committee on Rules.
(d) (1) The
California Youth Legislature Advisory Committee shall determine
when there are sufficient funds to support the program. If the
Joint Committee on Rules committee
determines there are insufficient funds to cover all costs, the
activities of the California Youth Legislature shall cease.
(c)
(2) State funds shall not be used to support the
California Youth Legislature except as provided in Article 4.5
(commencing with Section 18736) of Chapter 3 of Part 10.2 of Division
2 of the Revenue and Taxation Code.
(d) This section does not preclude the California Youth
Legislature from entering into mutually agreed-upon interagency
agreements for any subsequent fiscal year.
(e) (1) The California Youth Legislature Advisory Committee shall
develop and provide applications for the California Youth Legislature
and collect applications from youths who have been nominated by
legislators and other youths who would like to apply.
(2) The California Youth Legislature Advisory Committee shall
provide legislators with information on the program to promote in
their districts as well as provide outreach to various youth
organizations to promote the program and make available applications.
(3) The California Youth Legislature Advisory Committee shall
establish criteria for the selection of youths, collect applications,
and make appointments based on the applications submitted and the
purposes of this chapter.
(4) The California Youth Legislature Advisory Committee shall not
discriminate based on race, religious creed, color, national origin,
age, gender, marital status, sex, or sexual orientation.
(f) The California Youth Legislature Advisory Committee may
develop criteria for granting of funds to a nonprofit agency with
experience serving disconnected or at-risk youths to administer the
California Youth Legislature or various duties required by this
chapter.
2205. (a) The funds for the California Youth Legislature shall be
allocated from the California Fund for Youth or private funds
directed to the Legislature Joint Committee
on Rules and allocated to the California Youth Legislature Advisory
Committee for the purpose of funding activities of the
California Youth Legislature.
(b) The California Youth Legislature may accept gifts and grants
from any source, public or private, to help perform its functions,
pursuant to Section 2203 this chapter .
(c) The California Youth Legislature Advisory Committee shall have
the authority to define its program and utilize its funds in any way
necessary to carry out the duties of this chapter, as long as the
program or activity is not in violation of a state law or regulation.
(d) (1) The California Youth Legislature Advisory Committee may
grant funds to a nonprofit agency to administer the California Youth
Legislature.
(2) No more than 5 percent of the grant award may be used for
administrative costs of the selected agency.