BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 803
Author: DeSaulnier (D)
Amended: 8/20/12
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 7-2, 4/27/11
AYES: Wolk, DeSaulnier, Hancock, Hernandez, Kehoe, La
Malfa, Liu
NOES: Huff, Fuller
SENATE APPROPRIATIONS COMMITTEE : 6-2, 1/19/12
AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
NOES: Walters, Emmerson
NO VOTE RECORDED: Runner
SENATE FLOOR : 27-11, 1/26/12
AYES: Alquist, Calderon, Cannella, Corbett, Correa, De
León, DeSaulnier, Evans, Hancock, Hernandez, Kehoe, La
Malfa, Leno, Lieu, Liu, Lowenthal, Negrete McLeod,
Padilla, Pavley, Price, Rubio, Simitian, Steinberg,
Vargas, Wolk, Wright, Yee
NOES: Anderson, Berryhill, Blakeslee, Dutton, Emmerson,
Fuller, Gaines, Harman, Huff, Strickland, Walters
NO VOTE RECORDED: Runner, Wyland
ASSEMBLY FLOOR : 53-26, 8/22/12 - See last page for vote
SUBJECT : California Youth Leadership Project
SOURCE : Author
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DIGEST : This bill establishes the California Youth
Leadership Project (CYLP) and creates a new voluntary
contribution fund (VCF) check-off program on the personal
income tax (PIT) form for voluntary contributions to the
California Youth Leadership Fund.
Assembly Amendments (1) clarify specific criteria and age
groups, (2) add finding and declarations, and (3) define
disconnected and disadvantaged youth, as specified.
ANALYSIS : Existing state law allows taxpayers to
contribute money to one or more of 15 VCFs by checking a
box on their state income tax return. California law
requires contributions made through check-offs to be made
from taxpayers' own resources and not from their tax
liability, as is possible on federal tax returns.
Check-off amounts may be claimed as charitable
contributions on taxpayers' tax returns during the
subsequent year.
This bill:
1. Establishes the California Youth Leadership Fund in the
State Treasury to receive contributions made by
individuals on the state tax return and specifies the
following:
A. Requires the Franchise Tax Board (FTB) to revise
the tax return form to include a space labeled
"California Youth Leadership Fund." Requires the form
to include in the instructions information that the
contribution may be in the amount of $1 or more and
that the contribution shall be used to support the
CYLP;
B. Specifies that 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;
C. Requires the moneys transferred to the California
Youth Leadership Fund to be allocated to the FTB and
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the State Controller for reimbursement of all costs
incurred by the agencies to administer the provisions
in this bill and the California Department of
Education (CDE) to provide for the CYLP; and
D. Specifies that the provisions establishing the
California Youth Leadership Fund shall repeal on
January 1 of the fifth 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 FTB determines that the annual
contribution amount will be less than $250,000, or an
adjusted amount, as specified, for subsequent taxable
years.
2. Makes findings and declarations regarding the following:
a) the needs of youth in California, particularly youths
with disabilities and disadvantaged youths, including
those who are homeless, are in foster care, juvenile
justice facilities, or on parole from those facilities;
b) the limited civic engagement opportunities for these
disconnected and disadvantaged youth; and c) that
providing more of the five developmental resources
(caring adults, safe places, a healthy start, an
effective education, and opportunities to help others)
for more young people can help avoid millions of dollars
in later prison, health, and welfare costs.
3. Establishes the CYLP under the CDE for the purpose of
promoting youth civic engagement through meaningful
opportunities to improve the quality of life for
California's disconnected and disadvantaged youth.
4. Specifies that the CYLP shall support and promote youth
civic engagement by awarding scholarships to youths
between 14 and 18 years of age. Specifies that youths
awarded scholarships 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 youths in California whose
voices often go unheard. Authorizes an organization that
operates civic engagement programs to submit
applications for participation in the project on behalf
of interested youth.
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5. Specifies that the CYLP shall allocate scholarship award
funds to organizations that submit applications on
behalf of youth who are selected to receive scholarship
awards. Requires the organizations to do all of the
following:
A. Provide youth participants the tools to examine
and discuss policy and fiscal issues affecting the
interests, needs, and conditions of the youth of
California;
B. 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 limited to,
education, employment, access to state and local
governmental services, the environment, behavioral
and physical health, safety, technology, criminal
justice, homelessness, foster care, child welfare,
emancipation, financial literacy, substance abuse,
driver's license requirements, poverty, increased
youth participation in state and local government,
issues affecting youth with disabilities, and any
other policy or fiscal issues deemed appropriate by
the CDE;
C. 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;
D. Provide youth participants the opportunity to
convene and conduct meetings to fulfill the purposes
of the CYLP;
E. 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 identified in b) above; and
F. When available, enable individual youth to travel
to the State Capitol to learn the legislative process
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and, on occasion, to testify at legislative hearings.
6. Requires an organization that receives a scholarship
award on behalf of youth to use the funds only for
youth-related activities pursuant to this bill.
7. Defines, for purposes of this bill, "disconnected and
disadvantaged youth" as including, but not limited to,
youth who are homeless between 18 and 24 years of age,
youth with disabilities, youth who are from minority
racial or ethnic groups, youth who are in or have been
emancipated from foster care, youth who have been in or
are on parole from the juvenile justice system, youth
who are from low-income households, youth who are high
school dropouts or are at risk of dropping out of
school, youth who are pregnant or are young mothers, and
other youth who could benefit from participation in the
California Youth Leadership Project.
8. Establishes the CYLP Committee to oversee the CYLP and
distribute funds collected through the check-off program
on the income tax form.
9. Requires the CYLP Committee, in making youth scholarship
awards, to take into consideration that awarded youth
represent the racial, ethnic, socioeconomic, cultural,
physical, and educational diversity of California.
Specifies that priority for awarding scholarships shall
be given to at-risk or disadvantaged youth between the
ages of 14 and 18, as their participation in the CYLP
will provide keen insight into many of the issues that
youth face in their day-to-day lives.
10.Requires the CYLP Committee to be chaired by the
Superintendent of Public Instruction (SPI), or his or
her designee, and shall include no more than six
members.
11.Requires the SPI to appoint the following four members
to the CYLP Committee:
A. A representative from a statewide nonprofit youth
organization;
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B. A representative from a community-based nonprofit
organization that serves youth or deals with
youth-related issues, including, but not limited to,
the issues described in #5B above;
C. A representative of a local educational agency or
school district; and
D. A youth between 14 and 18 years of age who has
participated in a youth leadership program involving
lobbying the Legislature on issue areas affecting
youth. Specifies that this person shall serve only
in an advisory capacity.
12.Specifies that the California Health and Human Services
Agency may also, but is not required to, appoint a
member to the CYLP Committee.
13.Specifies that to the extent possible, members of the
CYLP Committee shall have experience and be trained to
work with youth between 14 and 18 years of age on the
issues described in #5B above, and shall have special
experience in civic engagement, advocacy, and at least
one of the following issue areas affecting youth:
crisis prevention or intervention; drug, alcohol, and
tobacco abuse prevention or intervention; foster care;
juvenile justice; homelessness; lesbian, gay, bisexual,
and transgender rights and social justice; mental
health, and youth with disabilities.
14.Specifies that the duties of the CYLP Committee shall
include, but not be limited to, all of the following:
A. Develop and provide applications for the
California 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
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of the CYLP;
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. Specifies that the
committee shall meet no less than once each year;
F. If necessary, enter into a mutually agreed upon
interagency agreement with the CDE to carry out
administrative duties related to the project;
G. Submit an annual budget and report to the CDE;
and,
H. Determine when there are sufficient funds to
support the project. Specifies that if the committee
determines that there are insufficient funds to cover
all costs, the activities of the CYLP shall cease.
Specifies that state funds shall not be used to
support the CYLP.
15.Specifies that the funds for the CYLP shall be allocated
from the California Youth Leadership Fund or from
private funds directed to the CDE and allocated to the
CYLP Committee for the purpose of funding activities of
the CYLP.
16.Authorizes the CYLP to accept gifts and grants from any
source, public or private.
17.Specifies that the CYLP Committee shall have the
authority to define its program and utilize its funds in
any way necessary to carry out the duties of this bill,
including, but not limited to, partnering with nonprofit
groups or state agencies to perform various duties, as
long as the program or activity is not in violation of a
state law or regulation.
Prior Legislation
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This bill is similar to SB 516 (DeSaulnier), 2009-10
Session, which would have established the California Youth
Legislature supported by the California Youth Leadership
Fund created by AB 2017 (Hall), 2009-10 Session. However,
both bills were vetoed by the Governor.
In his veto message of SB 516 (DeSaulnier), Governor
Schwarzenegger stated: "This bill is similar to a measure
I vetoed in 2008 ÝAB 2252 (DeSaulnier)]. I still encourage
California youth to engage in the public policy issues that
directly impact their lives such as education, employment,
foster care, homelessness, and more. However, as most
parents and adults can attest, I would also argue that
youth do not need statutory authorization to have their
voices and opinions heard. There are numerous
organizations, entities and communications in which youth
can be engaged in our legislative process."
In his veto message of AB 2017 (Hall), 2009-10 Session, the
Governor stated, "This bill is contingent on the enactment
of Senate Bill 516, which I cannot support. I would ask
that the authors of these bills reconcile their efforts to
support greater youth involvement in public policy without
creating additional organizations when there are numerous
organizations and entities already dedicate to working with
youth from all backgrounds."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Assembly Appropriations Committee:
1. Based on past tax check-offs, annual revenues are
expected to be in the $300,000-$800,000 range, although
some check-offs have received less revenues.
2. FTB estimates this bill will cost the state about
$20,000 per year in lost revenues as taxpayers deduct
these charitable donations. This estimate assumes the
check-off is added in the 2012-13 fiscal year, donations
meet the average amount for the other tax check-offs and
taxpayers deduct these charitable donations at the
historical rate. Revenue losses would be similar in
subsequent years.
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3. CDE estimates that it will cost approximately $100,000
to administer the program established by this bill. The
costs for FTB and the State Controller are minor and
absorbable.
SUPPORT : (Verified 8/22/12)
American Federation of State, County and Municipal
Employees
California Coalition for Youth
California Youth Empowerment Network
Los Angeles Unified School District
Mental Health Association in California
San Diego Youth Services
ARGUMENTS IN SUPPORT : According to the author, "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. Furthermore, 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. To meet this need,
there are several programs that provide youth leadership
opportunities. This bill will make funds available
directly to the youth who participate in such programs."
This bill establishes the CYLP, funded by donations made by
California taxpayers through a new check-off program on the
PIT form. The findings and declarations in the bill focus
on the need and benefits of giving disadvantaged kids (kids
who are homeless, have disabilities, or are in foster care,
juvenile justice facilities or on parole) the opportunity
to learn about policymaking and be provided the
opportunities to develop and provide policy recommendations
in a host of issue areas to the Legislature. The bill
attempts to achieve this goal through the provision of
scholarship awards.
This bill requires the CYLP to award youth scholarships to
civic engagement programs that will provide participants
(scholarship recipients) the tools to examine and discuss
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policy and fiscal issues, formally advise and make
recommendations to the Legislature and the Governor on a
host of issues affecting youth, provide youth the
opportunity to consult with existing local youth advisory
commissions and community-based, grassroots, youth-led
organizations, provide participants the opportunity to
convene and conduct meetings, provide youth with the
opportunity to act as an information center on California
youth policy and fiscal issues, and when available, enable
participants to travel to the State Capitol to learn the
legislative process and testify at legislative hearings.
This bill establishes the California Youth Leadership Fund
and creates a new PIT check-off program whereby taxpayers
can make donations for the CYLP for a five year period,
when an existing VCF sunsets or when there is room on the
form. There are currently 18 VCFs on the PIT form.
This bill is similar to AB 233 (Hall), pending on the
Governor's desk, which establishes the California YMCA
Youth and Government Fund on the PIT form and allocates
$300,000 to the California YMCA Youth and Government Board
of Directors to award nonprofit civic youth organizations a
grant of up to $10,000 each in order to operate civic
education and mock legislative programs.
ASSEMBLY FLOOR : 53-26, 8/22/12
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Davis, Dickinson, Eng, Feuer, Fletcher, Fong,
Fuentes, Furutani, Galgiani, Gatto, Gordon, Hall,
Hayashi, Hill, Huber, Hueso, Huffman, Lara, Bonnie
Lowenthal, Ma, Mendoza, Mitchell, Monning, Nestande, Pan,
Perea, V. Manuel Pérez, Portantino, Skinner, Solorio,
Swanson, Torres, Wieckowski, Williams, Yamada, John A.
Pérez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Beth Gaines, Garrick, Gorell, Grove, Hagman, Halderman,
Harkey, Jeffries, Jones, Knight, Logue, Mansoor, Miller,
Morrell, Nielsen, Norby, Olsen, Silva, Smyth, Valadao,
Wagner
NO VOTE RECORDED: Roger Hernández
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AGB/RJG:m 8/22/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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