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AB-931 State and local boards and commissions: representation: appointments.(2019-2020)

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Date Published: 02/20/2019 09:00 PM
AB931:v99#DOCUMENT

Revised  April 04, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 931


Introduced by Assembly Member Boerner Horvath
(Coauthors: Assembly Members Burke, Carrillo, Friedman, Gloria, McCarty, Petrie-Norris, Quirk-Silva, Luz Rivas, Blanca Rubio, Smith, and Wicks)
(Coauthor: Senator Skinner)

February 20, 2019


An act to add Section 11142 to, and to add Chapter 11.5 (commencing with Section 54977) to Part 1 of Division 2 of Title 5 of, the Government Code, relating to government boards.


LEGISLATIVE COUNSEL'S DIGEST


AB 931, as introduced, Boerner Horvath. State and local boards and commissions: representation: appointments.
Existing law establishes various boards and commissions within state government. Under existing law, it is the policy of the State of California that the composition of these state boards and commissions broadly reflect the general public, including ethnic minorities and women. Under existing law, the Governor and other appointing authorities are responsible for nominating to these boards and commissions persons of different backgrounds, abilities, interests, and opinions.
Existing law also establishes the policy of the Legislature to ensure equal access to specific information about the many local regulating and advisory boards, commissions, and committees and to ensure equal opportunity to be informed of vacancies on those boards. Existing law requires each legislative body of a local agency to prepare an appointments list of all regular and ongoing boards, commissions, and committees that are appointed by the legislative body of the local agency.
This bill, on and after January 1, 2025, would require the composition of each state and local board and commission with appointed members to have a specified minimum number of women board members or commissioners based on the total number of board members or commissioners on that board. The bill would also require the office of the Governor, with respect to those boards and commissions, to collect and release, annually, at a minimum, aggregated demographic data provided by state and local board and commission applicants, nominees, and appointees.
This bill would include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities and counties, including charter cities and counties.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares as follows:
(a) Appointed commission members and board members at both the state and local government level have the power to make important decisions impacting the daily lives, opportunities, and the future welfare of those living and working throughout various regions of the state.
(b) The policy decisions taken by board and commission members with respect to the programs and services they oversee often have a direct and substantial impact on social, economic, and gender equality.
(c) Access to board and commission membership frequently establishes a pathway to other governmental leadership positions.
(d) Research, however, shows that decisionmaking bodies in certain geographic areas of California are comprised disproportionally of white males from privileged socioeconomic backgrounds.
(e) For instance, an August 2018 report by the Center on Policy Initiatives entitled “Community Representation Report: Boards and Commissions in the San Diego Region” concluded that the five entities it studied were disproportionately White, male, economically advantaged, and professionally or politically connected to the established power structure.
(f) It is critical to have boards and commissions comprised of those who more accurately reflect the gender make up of California communities, so that all Californians feel they are represented and have the ability to have their needs and issues heard and addressed by those who represent them in leadership roles.
(g) Therefore, it is necessary for California to take affirmative steps to remedy the injustices resulting from underrepresentation of women in leadership positions in order to improve the lives and opportunities of all Californians.

SEC. 2.

 Section 11142 is added to the Government Code, to read:

11142.
 (a) (1) Beginning on and after January 1, 2025, each state board and commission with appointed members shall comply with the following:
(A) If the number of board members or commissioners is five or more, the state board or commission shall have a minimum of 50 percent women board members or commissioners.
(B) If the number of board members or commissioners is four or fewer, the state board or commission shall have a minimum of one woman board member or commissioner.
(2) For the purposes of this section, “woman” means an individual who self-identifies her gender as a woman, without regard to the individual’s designated sex at birth.
(b) (1) The office of the Governor shall collect and release, annually, at a minimum, and on an aggregate basis, both of the following:
(A) Demographic data provided by all state board and commission applicants relative to ethnicity, race, gender, gender identity, and sexual orientation.
(B) Demographic data provided by all state board and commission nominees or appointees relative to ethnicity, race, gender, gender identity, and sexual orientation.
(2) Any demographic data disclosed or released pursuant to this subdivision shall disclose only aggregated statistical data and shall not identify any individual applicant, nominee, or appointed board member or commissioner.
(3) Any demographic data disclosed or released pursuant to this subdivision shall also indicate the percentage of respondents who declined to respond.
(c) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 3.

 Chapter 11.5 (commencing with Section 54977) is added to Part 1 of Division 2 of Title 5 of the Government Code, to read:
CHAPTER  11.5. Local Board and Commission Composition

54977.
 (a) (1) Beginning on and after January 1, 2025, each local board and commission with appointed members shall comply with the following:
(A) If the number of board members or commissioners is five or more, the local board or commission shall have a minimum of 50 percent women board members or commissioners.
(B) If the number of board members or commissioners is four or fewer, the local board or commission shall have a minimum of one woman board member or commissioner.
(2) For the purposes of this section, “woman” means an individual who self-identifies her gender as a woman, without regard to the individual’s designated sex at birth.
(b) (1) The office of the Governor shall collect and release, annually, at a minimum, and on an aggregate basis, both of the following:
(A) Demographic data provided by all local board and commission applicants relative to ethnicity, race, gender, gender identity, and sexual orientation.
(B) Demographic data provided by all local board and commission nominees or appointees relative to ethnicity, race, gender, gender identity, and sexual orientation.
(2) Any demographic data disclosed or released pursuant to this subdivision shall disclose only aggregated statistical data and shall not identify any individual applicant, nominee, or appointed local board member or commissioner.
(3) Any demographic data disclosed or released pursuant to this subdivision shall also indicate the percentage of respondents who declined to respond.
(c) Each local board and commission shall provide the demographic information required by subdivision (b) to the office of the Governor in a form prescribed by that office.
(d) For purposes of this section, “local board and commission” means all local boards and commissions that include publicly appointed members, including, but not limited to, those of cities, counties, and special districts.
(e) This section applies to all cities and counties, including charter cities and counties.
(f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 4.

 The Legislature finds and declares that addressing gender equality on appointed boards and commissions throughout the state is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 3 of this act, adding Chapter 11.5 (commencing with Section 54977) to Part 1 of Division 2 of Title 5 of the Government Code, applies to all cities and counties, including charter cities and counties.
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REVISIONS:
Heading—Line 2.
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