BILL NUMBER: SB 803	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 20, 2012
	AMENDED IN SENATE  JANUARY 10, 2012
	AMENDED IN SENATE  MAY 4, 2011
	AMENDED IN SENATE  MARCH 22, 2011

INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 18, 2011

   An act to add  Article 9.5 (commencing with Section 33425) to
Chapter 3 of Part 20 of Division 2 of Title 2 of the Education Code,
and 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 youth  services  
education  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 803, as amended, DeSaulnier. California Youth Leadership
Project.
   Existing law establishes  various programs to advocate for
the needs of seniors and other groups, including the Senior
Legislature.   the State Department of Education under
the administration of the Superintendent of Public Instruction, and
provides for numerous duties of the department with respect to the
education of youth. 
   This bill would establish the California Youth Leadership Project
under the State Department of Education for the purpose of supporting
and promoting youth civic engagement by awarding scholarships  ,
in accordance with specified   criteria,  to youth and
civic engagement programs  for youth from 14 to 18 years of age
 . The bill would create the California Youth Leadership Project
Committee, which would be chaired by the Superintendent of Public
Instruction and be composed of specified appointed members. The bill
would authorize the  advisory  committee to enter
into an interagency agreement with the State Department of Education
to carry out necessary administrative functions. 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 Leadership Project
  project  would cease.
   The Personal Income Tax Law authorizes taxpayers to contribute
amounts in excess of their tax liability for the support of specified
funds. 
   The 
    This  bill would create in the State Treasury the
California Youth Leadership Fund to receive contributions from tax
return designations to support the California Youth Leadership
Project.  This   The  bill would allocate
all moneys transferred to the California Youth Leadership Fund, as
prescribed, upon appropriation by the Legislature, to the Franchise
Tax Board and the Controller for the reimbursement of costs incurred,
and to the State Department of Education to provide for the
California Youth Leadership Project.  This   The
 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 Youth Leadership
Fund 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 Leadership Committee 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 Youth Leadership Fund


   18736.  (a) An individual may designate on the tax return that a
contribution in excess of the tax liability, if any, be made to the
California Youth Leadership Fund, 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 Youth Leadership Fund" 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 support the California Youth Leadership
Project.
   (f) Notwithstanding any other provision, a voluntary contribution
designation for the California Youth Leadership Fund shall be added
on the tax return when another voluntary contribution designation is
removed or as soon as space is available on the tax return.
   (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 Youth Leadership Fund 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 Youth Leadership Fund. The Controller shall transfer from
the Personal Income Tax Fund to the California Youth Leadership Fund
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 Youth Leadership
Fund 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) To the State Department of Education to provide for the
California Youth Leadership Project, pursuant to Chapter 4
(commencing with Section 2200) of Division 2.5 of the Welfare and
Institutions Code.
   (c) All moneys allocated pursuant to subdivision (b) of this
section may be carried over from the year in which they were
received.
   18739.  (a) Except as otherwise provided in subdivision (b), this
article shall remain in effect only until January 1 of the fifth
taxable year following the first appearance of the California Youth
Leadership Fund 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
Youth Leadership Fund 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 State Department of
Education 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 equal or exceed 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, "minimum contribution amount for
the calendar year" means two hundred fifty thousand dollars
($250,000) for the second calendar year after the first appearance of
the California Youth Leadership Fund 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 Youth Leadership Fund 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 LEADERSHIP PROJECT


   2200.  
   SECTION 1.    Article 9.5 (commencing with Section
  33425) is added to Chapter 3 of Part 20 of Division 2 of
Title 2 of the Education Code, to read: 

      Article  9.5.    California Youth Leadership
Project 


    33425.   (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 that there are more than 9,000,000
youth under 19 years of age in California, and an additional
3,000,000 more young adults between 18 and 24 years of age.
   (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 youth, an estimated 200,000 minors
and thousands more youth between 18 and 24 years of age experience
homelessness each year. Another 60,000 youth are in the foster care
system, over 1,250 youth in California currently occupy juvenile
justice facilities, and more than 2,500 youth 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 policy process that ultimately impacts their well-being.
   (d) The Legislature recognizes that there are limited civic
engagement opportunities for these disconnected and disadvantaged
youth, especially opportunities developed and designed for and with
them in mind.
   (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   pupils  and  students
  pupils  of color in California, that gang and
youth violence continue to be a concern and, 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.
   (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.
    2201.   33426.   (a) The California
Youth Leadership Project is hereby established under the
State Department of Education   department  for the
purpose of promoting youth civic engagement through meaningful
opportunities to improve the quality of life for California's
disconnected and disadvantaged youth.
   (b) The California Youth Leadership Project shall support and
promote youth civic engagement by awarding scholarships to youth 
between 14 and 18 years of age  . Furthermore, youths awarded
scholarships by the California Youth Leadership Project shall be
given the opportunity to make meaningful recommendations regarding
legislation and policies that impact their own lives and the lives of
the thousands of other youth in California whose voices often go
unheard.  An organization that operates civic engagement programs
may submit applications for participation in the project on behalf
of interested youth. 
   (c) The California Youth Leadership Project shall  award
youth scholarships to civic engagement programs that do 
 allocate scholarship award funds to organizations that submit
applications on behalf of youth who are selected to receive
scholarship awards under this article. These organizations shall do,
but not necessarily be limited to,  all of the following 
for the youth who receive scholarship awards under this article 
:
   (1) Provide youth participants tools to examine and discuss policy
and fiscal issues affecting the interests, needs, and conditions of
the youth of California.
   (2) Provide youth participants the opportunity to formally advise
and make recommendations to the Legislature and the Governor on
specific issues affecting youth  , including, but not
  .   These issues may include, but need not be
 limited to, all of the following:
   (A) Education.
   (B) Employment.
   (C) Access to state and local governmental 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
 California Youth Leadership Project Committee  
department  .
   (3) Provide youth participants the opportunity to 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) Provide youth participants the opportunity to convene and
conduct meetings to fulfill the purposes of this chapter.
   (5) Provide youth participants the opportunity to act as an
information center on California youth policy and fiscal issues,
including, but not limited to, the issues listed in paragraph (2).
   (6) When available, enable individual youth to travel to the State
Capitol to learn the legislative process and, on occasion, to
testify at legislative hearings. 
   (d) An organization that receives a scholarship award on behalf of
youth under this article shall use these funds only for
youth-related activities described in subdivision (c). 
    2202.   33427.   (a) The California
Youth Leadership Project shall be overseen by the California Youth
Leadership Project Committee.
   (b) The California Youth Leadership Project Committee shall be
established and oversee the California Youth Leadership Project and
distribute funds pursuant to Article 4.5 (commencing with Section
18736) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and
Taxation Code and this  chapter   article 
.
   (c) Members of the California Youth Leadership Project Committee,
in making youth scholarship awards, shall take into consideration
that awarded youth represent the racial, ethnic, socioeconomic,
cultural, physical, and educational diversity of California. 
Particular emphasis should be placed on reaching out  
Priority for awarding scholarships under this article shall be given
 to at-risk or disadvantaged youth  between 14 and 18 years
of age  , as their participation in the California Youth
Leadership Project will provide keen insight into many of the issues
that youth face in their day-to-day lives.
   (d) (1) The California Youth Leadership Project Committee shall be
chaired by the Superintendent  of Public Instruction
 , or his or her designee, and shall include no more than
six members.
   (2) The Superintendent  of Public Instruction 
shall appoint the following four members to the California Youth
Leadership Project Committee:
   (A) A representative from a statewide nonprofit youth
organization.
   (B) A representative from a community-based nonprofit organization
that serves youth or deals with youth-related issues.
   (C) A representative of a local educational agency or school
district.
   (D) A youth  under   between 14 and  18
years of age who has participated in a youth leadership program
involving lobbying the Legislature on issue areas affecting youth.
This person shall serve only in an advisory capacity.
   (3) The California Health and Human Services Agency may also, but
is not required to, appoint a member to the California Youth
Leadership Project Committee.
   (4)  Members   To   the extent
possible, a member  of the California Youth Leadership Project
Committee, appointed under    any of  subparagraphs
(A) to (C), inclusive, of paragraph (2) shall have experience and be
trained to work with youth between 14 and 18 years of age on 
any of  the issues described in subdivision (c) of Section
 2201   33426  , and shall have special
experience in civic engagement, 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.
   (e) The members of the California Youth Leadership Project
Committee shall serve on a voluntary basis and shall not receive a
salary.
    2203.   33428.   Duties of the
California Youth Leadership Project Committee shall include, but not
be limited to, all of the following:
   (a) Develop and provide applications for the Youth Leadership
Project scholarship and collect applications from youth who would
like to apply.
   (b) Determine ways to promote the program and make applications
available.
   (c) Establish criteria for the selection of youth, and make awards
based on those criteria and the purposes of this chapter.
   (d) Ensure that there is no discrimination based on race,
religious creed, color, national origin, age, gender, marital status,
 disability,  sex, or sexual orientation.
   (e) Establish the time, location, and number of annual meetings of
the committee. The committee shall meet no less than once each year.

   (f) If necessary, enter into a mutually agreed upon interagency
agreement with the  State Department of Education 
 department  to carry out administrative duties related to
the project.
   (g) Submit an annual budget and report to the State Department of
Education  department  .
   (h) (1) Determine when there are sufficient funds to support the
project. If the committee determines that there are insufficient
funds to cover all costs, the activities of the California Youth
Leadership Project shall cease.
   (2) State funds shall not be used to support the California Youth
Leadership Project 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.
    2204.   33429.   (a) The funds for the
California Youth Leadership Project shall be allocated from the
California Youth Leadership Fund pursuant to Article 4.5 (commencing
with Section 18736) of Chapter 3 of Part 10.2 of Division 2 of the
Revenue and Taxation Code, or from private funds directed to the
State Department of Education    department  and
allocated to the California Youth Leadership Project Committee for
the purpose of funding activities of the California Youth Leadership
Project.
   (b) The California Youth Leadership Project may accept gifts and
grants from any source, public or private, to help perform its
functions, pursuant to this  chapter   article
 .
   (c) The California Youth Leadership Project 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 
 article  , including, but not limited to, partnering with
nonprofit groups or state agencies to perform various duties required
by this  chapter   article  , as long as
the program or activity is not in violation of a state law or
regulation.
   SEC. 2.    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 Youth Leadership Fund


   18736.  (a) An individual may designate on the tax return that a
contribution in excess of the tax liability, if any, be made to the
California Youth Leadership Fund 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 Youth Leadership Fund" 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 support the California Youth Leadership
Project.
   (f) Notwithstanding any other provision, a voluntary contribution
designation for the California Youth Leadership Fund shall be added
on the tax return when another voluntary contribution designation is
removed or as soon as space is available on the tax return.
   (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 Youth Leadership Fund 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 Youth Leadership Fund. The Controller shall transfer from
the Personal Income Tax Fund to the California Youth Leadership Fund
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 Youth Leadership
Fund 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) To the State Department of Education to provide for the
California Youth Leadership Project, pursuant to Article 9.5
(commencing with Section 33425) of Chapter 3 of Part 20 of Division 2
of Title 2 of the Education Code.
   (c) All moneys allocated pursuant to subdivision (b) of this
section may be carried over from the year in which they were
received.
   18739.  (a) Except as otherwise provided in subdivision (b), this
article shall remain in effect only until January 1 of the fifth
taxable year following the first appearance of the California Youth
Leadership Fund 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
Youth Leadership Fund 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 State Department of
Education 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 equal or exceed 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, "minimum contribution amount for
the calendar year" means two hundred fifty thousand dollars
($250,000) for the second calendar year after the first appearance of
the California Youth Leadership Fund 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 Youth Leadership Fund 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 before its repeal shall
continue to be transferred and disbursed in accordance with this
article as in effect immediately before that repeal. 
                                                   ____ CORRECTIONS
Text--Page 10.
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