BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 580
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          Date of Hearing:   April 9, 2013


           ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND  
                                   INTERNET MEDIA
                               Ian C. Calderon, Chair

                   AB 580 (Nazarian) - As Amended:  March 19, 2013
           
          SUBJECT  :   Arts Council Grant Funding

           SUMMARY  : Creates an annual continuous appropriation from the  
          General Fund (GF) to the California Arts Council (CAC) in the  
          amount of $75,000,000, and makes various legislative findings  
          and declarations.  Specifically,  this bill  :  

          1)Provides that the GF shall be continuously appropriated to the  
            CAC in the amount of $75,000,000 in each fiscal year. 

          2)Requires that these funds shall be used only to issue grants  
            to further the arts, as otherwise authorized to be issued by  
            the CAC.

          3)The bill makes the following legislative findings and  
            declarations:

             a)   Life in this state is enriched by art, innovation, and  
               creativity.

             b)   The source of art is in the natural flow of the human  
               mind, but realizing craft and beauty is demanding, and the  
               people of the state desire to encourage and nourish these  
               skills wherever they occur, to the intrinsic and extrinsic  
               benefit of all.

             c)   Every dollar in state support for the arts leverages  
               seven dollars in earned and contributed revenue, and brings  
               back more than three dollars in taxes to state and local  
               government entities.

             d)   California's cultural enterprises provide nearly 500,891  
               jobs for its residents, accounting for 7.6 percent of total  
               employment.

             e)   Non-profit arts organizations contribute $9,000,400,000  








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               to the state's economy.

             f)   Non-profit arts organizations are a partner to the  
               creative industries and play a key role in the 21st Century  
               workforce and the global economy, including in the fields  
               of architecture, advertising, consulting, education,  
               performing arts, museums, and other cultural industries;  
               design, including electronic design, software development,  
               film, games, including computer games, historic  
               preservation, music, new media, publishing, radio,  
               television, and tourism.




             g)   An investment in the arts and the creative economy  
               industries can revitalize a neighborhood or area by  
               accomplishing all of the following:

                  i)        Stimulating the economy.

                  ii)                 Engaging residents.

                  iii)                Drawing tourists.

                  iv)                 Providing a sense of community.

                  v)        Serving as a gathering place.

                  vi)                 Encouraging creativity.

                  vii)                Strengthening community  
                    partnerships.

               viii)  Promoting the arts and supporting artists.

                  ix)                 Developing a positive image for the  
                    area.

                  x)        Enhancing property values.

                  xi)                 Capitalizing on local cultural,  
                    economic, and social assets.

                  xii)                Creating jobs.








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           EXISTING LAW  :

          1)Creates CAC, consisting of 11-members who serve four-year,  
            staggered terms.  Nine members are appointed by the Governor,  
            subject to Senate confirmation, and the Speaker of the  
            Assembly and the Senate Committee on Rules appoint one member  
            each.  [Government Code Section 8751(a).]

          2)Directs CAC to encourage artistic awareness, participation,  
            and expression; to help independent local groups develop their  
            own arts programs; to promote employment of artists and those  
            skilled in crafts in the public and private sector; to provide  
            for exhibition of artistic works in public buildings; and, to  
            enlist the aid of all state agencies in the task of ensuring  
            the fullest expression of artistic potential.  (Government  
            Code Section 8753.)

          3)Requires the Department of Motor Vehicles (DMV) to issue, for  
            fees in specified amounts, a special interest license plate  
            bearing a full-plate graphic design that depicts a significant  
            feature or quality of the State of California and is approved  
            by the DMV in consultation with CAC.  (Vehicle Code Section  
            5074.)

           FISCAL EFFECT  :  Unknown

           

          COMMENTS  :   

           1)Author and Supporters Statement of Need for Legislation  :  
           
            According to the author, "This bill will create jobs and boost  
            California's economy by restoring funding to the arts.   
            Specifically, this bill will allocate $75 million to the CAC,  
            from the GF, to fund art programs that will be enjoyed and  
            taken advantage of by local communities throughout the state. 

            "At the proposed estimate of $2.00 per person (which equals  
            approximately 75 million), California would still not rank in  
            the top ten in state funding.  However, this bill will provide  
            a significant amount of support to the arts and to the  
            residents of California to remediate the lost funding the CAC  
            has faced in the last decade.  The arts provide an  








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            intellectual infrastructure for our entire creative economy,  
            from technology to the entertainment industry. 

            The San Francisco International Arts Festival letter is  
            representative of many supporters when they write in support  
            of this bill to say, "The arts are a major player in our  
            state's economy, generating billions in total economic  
            activity and fundamentally impacting California's core  
            creative industries."  To illustrate their point, they offer  
            the following:  "California's cultural enterprises provide  
            more than 500,000 jobs for Californians or 7.6% of total  
            employment; in addition California's non-profit arts  
            specifically contribute more than $9 billion to the state's  
            economy.  Additionally, the arts are a key partner to the  
            creative industries, encourage creativity, help prepare  
            students and workers to compete in the 21st Century global  
            economy, attract creative workers and industries of all kinds,  
            stimulate the economy, engage residents, provide a sense of  
            community, celebrating diversity and building bridges  
            understanding, and draw tourists and visitors."

            The Californians for the Arts, sponsors of this bill, add in  
            support, "Since 2003, California has ranked last among all the  
            states in per capita investment in the arts - allocating just  
            three cents per person from the GF.  This bill will leverage  
            the arts as a proven and powerful catalyst for spurring local  
            economies and for preparing California's workforce to prosper  
            in the global creative economy.  The arts are vital to the  
            quality of life that we are so very proud of in California.  
            Your legislation will provide a stable revenue source for  
            CAC's granting programs to non-profit arts organizations,  
            leveraging the arts as a significant contributor to  
            California's economic recovery through tourism, job creation,  
            social services and educational outreach.  This bill proposes  
            a sound investment for California."

            Finally, the local arts agency Arts Orange County offer that  
            "The creative industries are one of the largest employer  
            sectors in Orange County, represented not only by obvious  
            examples like Disneyland, but also by digital game creators  
            like Blizzard Entertainment, the fashion industry like St.  
            John Knits, Oakley and Quicksilver, and high-tech companies  
            like Broadcom and Emulex.  These firms avidly pursue not just  
            the best and brightest-but the most creative new hires.  They  
            seek individuals that have not only the technical skills  








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            required, but the kinds of skills acquired through training  
            and participation in the arts-inspiration, collaboration,  
            imagination."




           2)Background  : 

              a)   California Arts Funding and Program Levels  :  

                The CAC was created in 1975 under then Governor Jerry Brown  
               to increase access to the arts for all Californians.  The  
               CAC budget had grown from its first full year of funding in  
               fiscal year 1976-77 at $1,917,000 to $32,224,000 in fiscal  
               year 2001-02, when 1,590 grants were awarded to non-profit  
               arts organizations.  In 2003, appropriations to the CAC  
               were cut by 97%, and GF appropriation from the Legislature  
               has remained essentially flat at $1,000,000 over the past  
               decade.  Since 2003, California has ranked last or next to  
               last among the states in terms of per capita investment in  
               the arts.  
                
                Current funding levels for CAC in the fiscal year 2011-12  
               were just over $5,000,000 broken down by source as follows:

                           General Fund                         
                    $1,027,202.70 
                           Graphic Design License Plate Account           
                    $2,794,355.96                      
                           National Endowment for the Arts (NEA)          
                    $1,158,493.86                           
                           Reimbursements                      $      
                    26,500.00 
                           Special Deposit: Donations                      
                               $   125,710.00           
                           Total                                
                    $5,132,262.52  

                According to their annual report for 2011, the CAC,  
               "Provided $3.4 million in grants and initiatives to the  
               non-profit arts sector, putting artists in schools and  
               underserved communities, providing support for local arts  
               councils in 50 counties and two major cities, providing  
               support for statewide arts service and multicultural  








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               networks, organized Poetry Out Loud recitation contest for  
               over 40,000 students statewide, providing arts programs for  
               kids and communities in every county in the state, and  
               supporting over 2,795 California jobs."
                  
             a)   Arts as an Economic Generator  :  
           
               The author states that public investment in the non-profit  
               arts has been proven to both spark economic activity in  
               communities and return tax dollars to public coffers.   
               Pointing out recent research which shows that arts  
               investments made by the state of Pennsylvania generated  
               $2.50 for the state's treasury for every one dollar spent.   
               In California, the Los Angeles County Economic Development  
               Commission issues an annual report on the Creative Economy,  
               which found when looking at the economic activity of the  
               creative economy in Los Angeles and Orange Counties,  
               for-profit and non-profit ventures total $230.7 billion  
               dollars in 2012.  They also found the sector supports  
               664,000 jobs and generates $3.3 billion in state and local  
               taxes.  

               In the last statewide survey of the economic impact of the  
               arts here in California, a 2004 study commissioned by CAC  
               (with support from The William and Flora Hewlett Foundation  
               and others) focused on the economic impact of non-profit  
               arts on the state's economy.  The Arts: A Competitive  
               Advantage for California II found that "Non-profit arts  
               organizations attract an audience of 71.2 million and bring  
               a $5.4 billion impact to the state's economy, including  
               66,300 full-time and 95,100 part-time jobs, (40,000  
               arts-related plus 26,300 having an impact on the arts), and  
               generate nearly $300 million in state and local taxes."

           1)Prior and Related Legislation  : 

             a)   SB 571 (Price), of the current Session, allows taxpayers  
               to make voluntary contributions to the California Arts  
               Council Fund on their state personal income tax returns.  
               Pending before the Senate Government and Finance Committee.

             b)   SB 1076 (Price), Chapter 319, Statutes of 2010, allowed  
               taxpayers to make voluntary contributions to the California  
               Arts Council Fund on their state personal income tax  
               returns. This act sunset due to failure of the CAC to reach  








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               the statutory threshold of $250,000 in tax donations.

             c)   AB 700 (Krekorian), of the 2009-10 Legislative Session,  
               would have established the Creative Industries and  
               Community Economic Revitalization Fund in the State  
               Treasury, and required that 20% of all revenues derived  
               from the payment of sales and use taxes that are remitted  
               to the State Board of Equalization by the taxpayers engaged  
               in specified lines of business, as provided, be deposited  
               in the fund.  The CAC would be authorized to expend the  
               moneys in the fund, upon appropriation by the Legislature,  
               to issue grants pursuant to the act, as specified.  AB 700  
               was held in the Assembly Committee on Appropriations on  
               Suspense.

             d)   AB 2728 (Karnette), of the 2007-08 of the Legislative  
               Session, would have required 20% of state sales and use tax  
               revenues derived from the sales of specified art-related  
               goods be deposited in the State Treasury for allocation to  
               the CAC once the GF achieves structural balance.  AB 2728  
               was held in Assembly Appropriations Committee.

             e)   AB 1365 (Karnette), of the 2007-08 Legislative Session,  
               was a substantially similar measure to AB 2728, without the  
               balanced budget trigger requirement.  AB 1365 was held in  
               Assembly Appropriations Committee.

             f)   AB 655 (Leno), of the 2005-06 Legislative Session,  
               proposed a 1% surcharge on the price of admission to  
               specified arts and entertainment venues.  AB 655 was held  
               in this committee.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Californians for the Arts (Sponsor)
          Arts for LA
          Bowers Museum
          City of San Diego Commission for Arts and Culture
          Colburn Foundation
          CounterPULSE
          Foundation for the Arts in Alameda County
          Jail Guitar Doors
          Joe Goode Performance Group








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          Laguna Art Museum
          Los Angeles Chamber Orchestra
          Marin Theatre Company
          Mary Lonergan Art
          Movimiento de Arte y Cultural
          Museum of Contemporary Art San Diego
          Quinn Associates
          San Diego Youth Symphony and Conservatory
          San Francisco Ballet
          San Francisco Opera
          South Coast Repertory
          St. Madeline Sophie's Center
          Theatre Bay Area
          Four private citizens

           Opposition 
           
          None on file


           Analysis Prepared by  :    Dana Mitchell / A.,E.,S.,T. & I.M. /  
          (916) 319-3450