BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB1676
                                                                  Page  1

          Date of Hearing:   April 29, 2014


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

                   AB 1676 (Nazarian) - As Amended:  March 28, 2014
           
          SUBJECT :   Creative Industries and Community Economic  
          Revitalization Act of 2014.

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

          1)Provides that the GF shall continuously appropriate an  
            unspecified amount to the CAC 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)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  








                                                                  AB1676
                                                                  Page  2

               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.

           EXISTING LAW  : 

          1)Creates the CAC, consisting of 11-members who serve four-year,  
            staggered terms.  Nine members are appointed by the Governor,  








                                                                  AB1676
                                                                  Page  3

            subject to Senate confirmation, and the Speaker of the  
            Assembly and the Senate Committee on Rules appoint one member  
            each.  

          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.  

          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 the CAC.  

           FISCAL EFFECT  :   Unknown

           COMMENTS :   

           1)Author's Statement and Support for Legislation  :  According to  
            the author, "AB 1676 will create jobs and boost California's  
            economy by restoring funding to the arts.  Specifically, AB  
            1676 will allocate an unspecified to the CAC, from the GF, to  
            fund art programs that will be enjoyed and taken advantage of  
            by local communities throughout the state. 

            "The arts contribute significantly to California's  
            economy through tourism, jobs, social services and  
            educational outreach.  According to the latest Otis  
            Report on the Creative Economy, looking at California as  
            a whole tabulates that the sector supports 1.4 million  
            creative industry jobs and generates $13 billion in tax  
            revenues.  In addition, public investment in the  
            nonprofit arts has been proven to both spark economic  
            activity in communities and return tax dollars to public  
            coffers.  Recent research shows that arts investments  
            made by the state of Pennsylvania generate $2.50 for the  
            state's treasury for every one dollar spent.  Governor  
            Brown created the Arts Council almost 40 years ago.  With  
            this bill, California can re-leverage its powerful arts  
            sector to spark economic recovery now and lay the  
            groundwork for future prosperity in the global economy by  








                                                                  AB1676
                                                                  Page  4

            returning funding to the California Arts Council."

           2)Unspecified Appropriation Amount  :  The author does not  
            address the fact that        AB 1676 does not have an  
            appropriation amount included, however this committee  
            approved an identical measure, AB 1662 (Ian Calderon)  
            earlier this Session.

           3)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 2012-13  
               were just over $5,000,000 broken down by source as follows:

                 General Fund                                  $1,019,865
                 Graphic Design License Plate Account                     
                 $2,782,555                         
                 National Endowment for the Arts (NEA)               
                 $1,085,687                         
                 Special Deposit: Donations               $70,000
                 Tax Check off                                 $324,933  
                 Total                                         $5,309,540  

                According to their annual report for 2012, the CAC,  
               "Provided $3.2 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 55 counties and two major cities, providing  
               support for statewide arts service and multicultural  
               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."
                  








                                                                 AB1676
                                                                  Page  5

             b)   Arts as an Economic Generator  :  Supporters provided the  
               committee staff with information to support their  
               assertions 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,  
               The 2013 Otis Report on the Creative Economy, which  
               tabulated the economic activity of the entire creative  
               economy, found that 1 in 10 jobs in California are part of  
               the creative industries, the creative industries of  
               California generated $273.5 billion in total (direct,  
               indirect, and induced) economic output, and employ 1.4  
               million workers. The tax contributions of the creative  
               industries to the state are an impressive $13 billion  
               dollars annually when one combines the total property,  
               state and local personal income, sales and other taxes.

              c)   Arts as an Education Catalyst  :  According to information  
               provided by the author, the arts also play an important  
               role in educational retention, as students who participate  
               in the arts are 5 times less likely to drop-out as students  
               who do not.  In addition, the Alliance for Arts Education  
               white paper, Policy Pathway: Embracing Education to Achieve  
               Title 1 Goals claims that educational integration of the  
               arts into learning can help turn Title 1 deficient schools  
               around, saying, "Studies find that integrating arts with  
               instruction in other academic subjects-for example,  
               teaching skills and content of drama and English Language  
               Arts in tandem-increases student learning and achievement  
               and helps teachers more effectively meet the needs of all  
               students."  One such study, conducted at the University of  
               Arkansas, found that exposure to the arts demonstrably  
               increases analytical ability and critical thinking by  
               substantial margins.  The researchers took some children to  
               a museum, and others were treated to a traveling art  
               exhibit, while others were not given any exposure to the  
               exhibit, or field trip.  Before and after, the children  
               were given critical thinking exercises.  The results showed  
               that all children exposed to art displayed higher  
               analytical and critical thinking skills than those who were  
               not.  The outcomes were especially impressive among rural  








                                                                  AB1676
                                                                  Page  6

               students who saw a 33% difference in analytical ability  
               when compared to their cohort who did not have the same art  
               intervention exposure.  [Learning to Think Critically: A  
               Visual Art Experiment. (2014) Bowen. Greene, Kisida,  
               Educational Researcher, 2014 43:37].

           4)Committee Staff Concern: Are Two Identical CAC Funding Bills  
            Needed?   As mentioned above, this committee heard and approved  
            AB 1662 (Ian Calderon), a measure substantially identical to  
            the instant bill, on March 25, 2014, (which was before AB 1676  
            was amended to contain its current provisions on March 28,  
            2014).  This situation raises a number of logistical issues  
            and policy questions.  Most obviously is the question of need;  
            are two bills which do the exact same thing necessary? 

           5)Prior and Related Legislation  : 

             a)   AB 1662 (Ian Calderon) Identical to the instant measure.  
                AB 1662 is currently pending on the Assembly  
               Appropriations Suspense calendar.

             b)   SB 1432 (Lieu), substantially similar to AB 1676, but  
               with a $25 million dollar continuous appropriation for CAC.  
                SB 1432 is currently pending in the Senate Appropriations  
               Committee.

             c)   AB 580 (Nazarian), also substantially similar to AB  
               1676, but contained an appropriation of $75 million dollars  
               for CAC.  AB 580 was heard and passed out of this committee  
               but was held in the Assembly Committee on Appropriations on  
               Suspense.

             d)   SB 571 (Price), Chapter 430, Statues of 2013, allowed  
               taxpayers to once again make voluntary contributions to the  
               California Arts Council Fund on their state personal income  
               tax returns.

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

             f)   AB 700 (Krekorian), of the 2009-10 Legislative Session,  
               would have established the Creative Industries and  








                                                                  AB1676
                                                                  Page  7

               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.

             g)   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.

             h)   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.

             i)   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 
           
          California Alliance for Arts Education

           Opposition 
           
          None on file

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










                                                                  AB1676
                                                                  Page  8