Amended in Senate August 21, 2014

Amended in Senate August 28, 2013

Amended in Senate June 25, 2013

Amended in Assembly May 14, 2013

Amended in Assembly April 15, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 914

Introduced by Assembly Member begin delete Gordon end delete begin insert Bradford end insert

February 22, 2013

begin delete An act to add Article 3.5 (commencing with Section 84350) to Chapter 4 of Title 9 of the Government Code, relating to the Political Reform Act of 1974. end delete begin insert An act to add Chapter 3.4 (commencing with Section 8265) to Division 1 of Title 2 of the Government Code, relating to state government, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 914, as amended, begin delete Gordon end delete   begin insert Bradford end insert . begin delete Political Reform Act of 1974: campaign disclosures. end delete begin insert Interagency Task Force on the Status of Boys and Men of Color. end insert

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The California Constitution prohibits a person from being deprived of life, liberty, or property without due process of law, or from being denied equal protection of the laws. The United States Constitution prohibits a state from denying to any person within its jurisdiction the equal protection of the laws. Existing law establishes various advisory boards and commissions in state government with specified duties and responsibilities.

end insert begin insert

The federal My Brother’s Keeper Initiative, launched by the President in February 2014, required the establishment of the My Brother’s Keeper Task Force, an interagency effort to improve the expected educational and life outcomes for and address the persistent opportunity gaps faced by boys and young men of color in the United States.

end insert begin insert

This bill would create the Interagency Task Force on the Status of Boys and Men of Color, a multiagency advisory body that would serve as a support mechanism for department agency and systems leaders by taking coordinated action in meeting the myriad challenges facing boys and men of color in California, and assisting the respective departments and agencies in more successfully improving life outcomes for this population. The membership of the task force would include members of the Legislature, as well as representatives of specified agencies, departments, and private entities. The bill would set forth the initial and ongoing responsibilities of the task force, including, among others, an assessment of state program alignment with the objectives of the My Brother’s Keeper program and the Assembly Select Committee on the Status of Boys and Men of Color in California, and the development of strategies to enhance positive outcomes and eliminate or mitigate negative outcomes for boys and men of color in the state. This bill would establish the Boys and Men of Color Task Force Fund, to carry out the bill’s requirements in support of the task force, upon appropriation by the Legislature. The bill would authorize the task force to accept federal funds, gifts, donations, grants, or bequests for all or any of its purposes.

end insert begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

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The Political Reform Act of 1974 imposes various reporting requirements with regard to contributions and independent expenditures, as defined, made for political purposes. The act establishes the Fair Political Practices Commission as the agency responsible for administering and enforcing the act. A violation of the act’s provisions is punishable as a misdemeanor.

end delete begin delete

This bill would require the Commission to develop a Nonprofit and Multipurpose Organization Disclosure Statement form. The bill would require that the form provide for the disclosure of specified information relating to certain contributions, expenditures, and independent expenditures made by, and donations made to, a nonprofit corporation. The bill would, except as otherwise provided, require a nonprofit corporation to file a Nonprofit and Multipurpose Organization Disclosure Statement, at a time prescribed by the Commission, in any year in which the nonprofit corporation makes combined contributions, expenditures, or independent expenditures in support of or opposition to a candidate, political party, or ballot measure in this state aggregating $50,000 or more during the nonprofit corporation’s fiscal year.

end delete begin delete

The bill would require the Commission to make Nonprofit and Multipurpose Organization Disclosure Statements available to the public. The bill would authorize a nonprofit corporation or a donor to the nonprofit corporation to petition the Commission to maintain the confidentiality of information relating to donors and donations. The bill would require the Commission to grant a petition to maintain the confidentiality of donor and donation information if the petitioner establishes by clear and convincing evidence that the public disclosure of donor information will cause undue harm, threats, harassment, or reprisals to the donor, or that the donor did not know or have reason to know that his or her donation would be used to make a contribution, expenditure, or independent expenditure in support of or opposition to a candidate, political party, or ballot measure, as specified.

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By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 2⁄3 vote of each house and compliance with specified procedural requirements.

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This bill would declare that it furthers the purposes of the act.

end delete

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert begin insert

The Legislature finds and declares as follows:

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(a) On February 27, 2014, the President of the United States
launched the My Brother's Keeper initiative to address persistent
opportunity gaps faced by boys and young men of color and to
ensure that all young people can reach their full potential.

end insert begin insert

(b) The My Brother's Keeper Task Force recognizes that
challenges facing boys and young men of color affect others as
well and that it is important to break down barriers wherever they
exist and identify means of creating ladders of opportunity for all.

end insert begin insert

(c) The My Brother's Keeper Task Force was established to
develop a coordinated federal effort to significantly improve the
expected life outcomes for boys and young men of color, including
Black Americans, Hispanic Americans, and Native Americans,
and to improve their contributions to the nation’s prosperity, so
that all youth have an equal opportunity at the American dream.

end insert begin insert

(d) The My Brother's Keeper Task Force noted that significant
diversity exists within and among boys and men of color as a
segment of the population. Differences of language status, income,
disability, sexual orientation, and many other factors influence
the identity and experience of these young people, just as with any
other population.

end insert begin insert

(e) My Brother's Keeper is focused on the following milestones:
(1) getting a healthy start and entering school ready to learn; (2)
reading at grade level by third grade; (3) graduating from high
school ready for college and career; (4) successfully entering the
workforce; and (5) keeping kids on track and giving them second
chances.

end insert begin insert

(f) The My Brother's Keeper Task Force Report to the President
(May 2014) cites numerous areas in which boys and men of color
consistently experience disproportionately negative outcomes.
These areas include living in poverty, living without a male parent
in the household, high school dropout rates, unemployment, death
by homicide, and imprisonment.

end insert begin insert

(g) The My Brother's Keeper Task Force has identified initial
recommendations and areas of opportunity at each of these key
milestones or “focus areas.” The task force has also identified
several cross-cutting areas of opportunity that span all focus areas.

end insert begin insert

(h) The recommendations in the My Brother's Keeper Task
Force Report to the President inform and influence California
policy and California's compliance with those recommendations
makes the state more competitive for federal funding and
strengthens its economic competitiveness.

end insert begin insert

(i) Our state’s future prosperity and health depend on all
Californians having a fair chance to thrive and succeed. One of
the best investments we can make is to be certain we do everything
possible to help young people become healthy, productive adults.
As California becomes more diverse, we must nurture and harness
the talents, skills, and hopes of young people of color -- boys and
young men in particular.

end insert begin insert

(j) The Department of Finance projects California's population
of boys and men of color will increasingly represent a growing
percentage of the state's male population, reaching close to 80
percent for boys and men of color compared to 20 percent for
non-Hispanic white males by 2050.

end insert begin insert

(k) The Assembly Select Committee on the Status of Boys and
Men of Color in California has recognized that boys and young
men of color are in jeopardy, and this poses a serious threat to
California’s economic strength and competitiveness.

end insert begin insert

(l) The Assembly Select Committee on the Status of Boys and
Men of Color's policy framework emphasizes the following issues:
(1) health and safety; (2) education; (3) juvenile justice; (4)
employment and wealth; and (5) youth development. Related issues
that have been recommended for expansion of the committee’s
work include higher education, immigration, and housing.

end insert begin insert

(m) Community and youth leaders from across the state have
taken a significant interest in partnering with government and
systems leaders through the Alliance for Boys and Men of Color
in order to improve the health and success of our state's young
people of color.

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begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Chapter 3.4 (commencing with Section 8265) is added
to Division 1 of Title 2 of the end insert begin insert Government Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 3.4. end insert Interagency Task Force on the Status of
Boys and Men of Color

 

begin insert 8265. end insert   

(a) (1) There is in state government the Interagency
Task Force on the Status of Boys and Men of Color, which shall
serve as a support mechanism for department, agency, and systems
leaders by taking coordinated action in meeting the myriad
challenges facing boys and men of color, and assisting the
respective departments and agencies in more successfully
improving life outcomes for this population.

(2) It is the intent of the Legislature that the task force include
participation from a core set of department, agency, and systems
leaders with discretion and responsibility for policy areas of
primary importance to the fulfillment of the Final Report and
Policy Platform for State Action (2012-2018) of the Assembly
Select Committee on the Status of Boys and Men in California.

(b) The task force shall be comprised of the following 21
members:

(1) One Member of the Senate, appointed by the President Pro
Tempore of the Senate, and one Member of the Assembly, appointed
by the Speaker of the Assembly, to the extent that participation is
not incompatible with their position as Members of the Legislature.

(2) The Superintendent of Public Instruction, or his or her
designee.

(3) The Secretary for Education, or his or her designee.

(4) The President of the University of California, or his or her
designee.

(5) The Chancellor of the California State University, or his or
her designee.

(6) The Chancellor of the California Community Colleges, or
his or her designee.

(7) The Secretary of California Health and Human Services, or
his or her designee.

(8) The State Public Health Officer, or his or her designee.

(9) The Deputy Director of the Office of Health Equity, or his
or her designee.

(10) The Secretary of Business, Consumer Services, and
Housing, or his or her designee.

(11) The Secretary of Labor and Workforce Development, or
his or her designee.

(12) The Director of Employment Development, or his or her
designee.

(13) The Executive Director of the California Workforce
Investment Board, or his or her designee.

(14) The Chair of the California Workforce Investment Board,
or his or her designee.

(15) The Secretary of Transportation, or his or her designee.

(16) The Director of Finance, or his or her designee.

(17) The Attorney General, or his or her designee.

(18) The Secretary of the Department of Corrections and
Rehabilitation, or his or her designee.

(19) The Chair of the Board of State and Community
Corrections, or his or her designee.

(20) The Chief Justice of California, or his or her designee.

(c) The task force shall elect one of its members to serve as
chair of the task force. Desirable qualifications for the position of
chair shall include, but not be limited to, all of the following:

(1) He or she should possess a broad and deep understanding
of the issues facing boys and men of color.

(2) He or she should be a political appointee with a senior
leadership role either leading a department or agency or managing
a significant and pertinent body of work.

(3) He or she should have a demonstrated strong and positive
working relationship with the members of the Legislature and the
Governor.

(d) All members of the task force shall hold office until the
appointment of their successors.

begin insert 8266. end insert   

Meetings of the task force shall be subject to the
Bagley-Keene Open Meetings Act (Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of Division 3).

begin insert 8267. end insert   

The task force shall have the powers and authority
necessary to carry out the duties imposed upon it by this chapter,
including, but not limited to, all of the following:

(a) To employ any administrative, technical, or other personnel
necessary for the performance of its powers and duties.

(b) To hold hearings, make and sign any agreements, and to do
or perform any acts that may be necessary, desirable, or proper
to carry out the purposes of this chapter.

(c) To cooperate with, and secure the cooperation of, any
department, division, board, bureau, commission, or other agency
of the state to facilitate the task force properly to carry out its
powers and duties.

(d) To appoint advisers or advisory committees from time to
time when the task force determines that the experience or expertise
of the advisers or advisory committees is needed for projects of
the task force. Section 11009 shall apply to these advisers or
advisory committees.

(e) To accept any federal funds granted, by act of Congress or
by executive order, for all or any of the purposes of this chapter.

(f) To accept any gifts, donations, grants, or bequests for all or
any of the purposes of this chapter.

begin insert 8268. end insert   

(a) Within six months after the effective date of this
chapter, the task force shall complete all of the following
requirements:

(1) Assess existing department and agency programs that align
with the priorities outlined in the May 2014 My Brother’s Keeper
Task Force Report to the President. Based on this assessment, the
task force shall identify state opportunities to partner and
coordinate with the work of the federal My Brother’s Keeper Task
Force.

(2) Assess the Governor’s Budget to identify those areas in
which the budget priorities are in alignment with the objectives
of the task force.

(3) Review the action plan of the Final Report and Policy
Platform for State Action (2012-2018) of the Assembly Select
Committee on the Status of Boys and Men of Color in California,
and identify ambitious state goals for boys and men of color, as
well as barriers to achieving desired results.

(b) Upon completion of the requirements in subdivision (a), the
long-term, ongoing responsibilities of the task force shall include
all of the following:

(1) Assessing state policies, regulations, and programs with
respect to boys and men of color, and the development of proven
and promising strategies to enhance positive outcomes and
eliminate or mitigate negative outcomes.

(2) Preparing population and agency-specific data on boys and
men of color in California. The task force shall aggregate the data
and make it publicly available in a manner that does not reveal
personally identifiable information or otherwise conflict with
federal or state privacy laws.

(3) Serving as a liaison to departments and agencies by ensuring
engagement and partnership with other public, nonprofit, and
philanthropic entities among the various member agencies and
with the task force as a whole, and recommend ways to strengthen
partnerships with external leaders advancing strategies relevant
to boys and men of color.

(c) The first meeting of the task force shall be convened on or
before January 31, 2015. Subsequently, the task force shall convene
on no less than a quarterly basis to assess progress on its ongoing
responsibilities pursuant to subdivision (b), and to provide support
and ensure coordination across agencies.

(d) (1) Notwithstanding Section 10231.5, the task force shall
prepare and submit to the Legislature an annual report on
department and agency findings pursuant to this section. The task
force shall also report these findings at the Assembly Select
Committee on the Status of Boys and Men of Color in California’s
annual hearing on the status of advancing the committee priorities
and policies.

(2) A report submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795.

begin insert 8269. end insert   

With respect to its duties under Section 8268, the task
force shall be an advisory body only, and there shall be no right
or obligation on the part of the state, or the parties meeting and
conferring, to implement the findings of the task force without
further legislation that specifically authorizes that the evaluations,
determinations, and findings of the task force be implemented.

begin insert 8269.5 end insert   

The Boys and Men of Color Task Force Fund is hereby
created as a fund in the State Treasury to carry out this chapter
in support of the task force, upon appropriation by the Legislature.
Subject to the approval of the Department of Finance, all moneys
collected or received by the task force from gifts, bequests, or
donations shall be deposited in the State Treasury to the credit of
the Boys and Men of Color Task Force Fund in accordance with
the terms of the gift or donation from which the moneys are derived
and in accordance with Sections 8647, 11005, 11005.1, and 16302
of the Government Code.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

end insert begin insert

In order to act quickly to address the challenges facing boys and
young men of color by breaking down barriers wherever they exist
in state agencies, and to identify means of creating ladders of
opportunity for all, it is necessary for this act to take effect
immediately.

end insert

begin delete

SECTION 1.  

Article 3.5 (commencing with Section 84350) is
added to Chapter 4 of Title 9 of the Government Code, to read:

 

Article 3.5.  Nonprofit and Multipurpose Organizations

 

84350.  

(a) This section shall apply only to a nonprofit
corporation, as defined in Section 501(c) of the Internal Revenue
Code, that satisfies both of the following:

(1) The nonprofit corporation makes, in this state, contributions,
expenditures, or independent expenditures, as defined in Sections
82015, 82025, and 82031, respectively, in support of or opposition
to a candidate, political party, or ballot measure, or any
combination thereof.

(2) The aggregate contributions, expenditures, or independent
expenditures described in paragraph (1) total, in any combination,
fifty thousand dollars ($50,000) or more during a calendar year.

(b) The Commission shall develop a Nonprofit and Multipurpose
Organization Disclosure Statement form that provides for the
disclosure of all of the following information relative to the
contributions, expenditures, and independent expenditures made
by a nonprofit corporation in support of or opposition to a
candidate, political party, or ballot measure:

(1) The aggregate combined dollar amount of contributions,
expenditures, and independent expenditures that are made during
the reporting period.

(2) The amount of expenses attributable to contributions,
expenditures, and independent expenditures as a percentage of the
nonprofit corporation’s total expenses that are made during the
reporting period.

(3) For purposes of a nonprofit corporation for which the
combined amounts of contributions, expenditures, and independent
expenditures made during the reporting period exceed 10 percent
of the nonprofit corporation’s total expenses, each of the following
with respect to contributions, expenditures, and independent
expenditures made during that period:

(A) The amount of any funds, or the fair market value of any
services or assets, that are provided in relation to a contribution,
expenditure, or independent expenditure.

(B) The amount or fair market value of any liabilities incurred
in relation to a contribution, expenditure, or independent
expenditure.

(C) The date that the funds, services, or assets were provided
or the liabilities were incurred.

(D) The name and address of the recipient of the contribution,
expenditure, or independent expenditure.

(E) A description of the contribution, expenditure, or
independent expenditure and its purpose, including whether the
contribution, expenditure, or independent expenditure was made
in support of or opposition to a candidate, political party, or ballot
measure.

(F) Information related to each donor who made donations in
an aggregate amount of ten thousand dollars ($10,000) or more to
the nonprofit corporation during the reporting period, including
each of the following:

(i) The name and address of the donor.

(ii) The name of the employer of the donor, if available.

(iii) The date and amount of each donation from that donor
during the reporting period.

(c) (1) Except as otherwise provided in this subdivision, a
nonprofit corporation described in subdivision (a) shall file, at a
time to be determined by the Commission, a Nonprofit and
Multipurpose Organization Disclosure Statement with the
Commission for any year in which the nonprofit corporation meets
the fifty thousand dollar ($50,000) threshold described in
subdivision (a). Except as provided in subdivision (d), the
Commission shall make the filed Nonprofit and Multipurpose
Organization Disclosure Statement available to the public, as
required by Section 81008.

(2) A nonprofit corporation shall not be required to file a
Nonprofit and Multipurpose Organization Disclosure Statement
for any period when the nonprofit corporation is filing reports
either as a committee under Section 82013 or as a sponsor of a
committee, and the information described in paragraphs (1) and
(2) of subdivision (b) is disclosed on the committee’s reports in a
manner prescribed by the Commission.

(3) If a nonprofit corporation required to file a Nonprofit and
Multipurpose Organization Disclosure Statement pursuant to this
section maintains one or more segregated bank accounts for the
purpose of making election-related contributions, expenditures,
or independent expenditures described in subdivision (a), and those
accounts represent the exclusive source of the nonprofit
corporation’s election-related contributions, expenditures, and
independent expenditures in this state, the nonprofit corporation
is only required to report information described in subparagraph
(F) of paragraph (3) of subdivision (b) with respect to donations
deposited into the segregated election-related accounts.

(d) A nonprofit corporation or a donor to a nonprofit corporation
that is subject to the reporting requirements of this section may
petition the Commission, no later than 45 days prior to the date
on which the Nonprofit and Multipurpose Organization Disclosure
Statement must be filed, to maintain the confidentiality of donor
information that is disclosed on the statement. If a petitioner
demonstrates by clear and convincing evidence that the public
disclosure of donor information reported on the Nonprofit and
Multipurpose Organization Disclosure Statement will cause undue
harm, threats, harassment, or reprisals to the donor or that the donor
did not know or have reason to know that his or her donation would
be used to make a contribution, expenditure, or independent
expenditure described in subdivision (a) in this state, the
Commission shall, notwithstanding Section 81008, treat the donor
and donation information as confidential and shall redact the donor
and donation information from any documents that are made
available to the public. The Commission shall inform the petitioner,
in writing, whether the petition to maintain the confidentiality of
donor and donation information has been granted or denied. The
Commission’s grant or denial determination shall include a
statement of findings and conclusions, and the reasons or basis for
the determination.

SEC. 2.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

SEC. 3.  

The Legislature finds and declares that this bill furthers
the purposes of the Political Reform Act of 1974 within the
meaning of subdivision (a) of Section 81012 of the Government
Code.

end delete