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AB-2591 Local government: youth commissions.(2023-2024)

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Date Published: 04/09/2024 09:00 PM
AB2591:v97#DOCUMENT

Amended  IN  Assembly  April 09, 2024
Amended  IN  Assembly  April 01, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2591


Introduced by Assembly Member Quirk-Silva

February 14, 2024


An act to add Article 3.5 (commencing with Section 25050) to Chapter 1 of Part 2 of Division 2 of Title 3 of, and to add Chapter 1.5 (commencing with Section 36850) to Part 2 of Division 3 of Title 4 of, the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


AB 2591, as amended, Quirk-Silva. Local government: youth commissions.
Existing law requires the governing board of a school district maintaining one or more high schools to include within its membership one or more pupil members if pupils submit a petition for pupil representation to the governing board, as provided. Existing law requires the pupil member to be chosen by the pupils enrolled in the high school or high schools of the school district in accordance with procedures prescribed by the governing board of the school district. Existing law requires the pupil member to have preferential voting rights. Existing law prohibits a pupil member from being included in determining the vote required to carry any measure before the governing board.
This bill would require a city or county, as described, to establish a youth commission in response to petitions from high school pupils enrolled youth 13 to 18 years of age, inclusive, residing in their jurisdiction, as specified. Because the bill would add to the duties of cities and counties to respond to petitions from high school pupils, youth, it would constitute a state-mandated local program.
This bill would require the governing board of the city or county to prescribe the policies and procedures for the selection of members of the youth commissions and the rights and responsibilities of the youth commissions, subject to specified requirements. These requirements would include that, among other things, a youth commission member receive all open meeting materials presented to the regular members at the same time the materials are presented to the regular members, except for materials that pertain to closed session items. The bill would require a youth commission existing before January 1, 2025, to comply with the requirements of this act on or before January 1, 2027. The bill would also require the governing body of the city or county to require at least one governing body member to attend at least one youth commission meeting per month.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Article 3.5 (commencing with Section 25050) is added to Chapter 1 of Part 2 of Division 2 of Title 3 of the Government Code, to read:
Article  3.5. County Youth Commission

25050.
 For purposes of this chapter, the following definitions apply:
(a) “Board” means the board of supervisors of a county.
(b) “City youth commission” means a city youth commission established by a city council pursuant to Chapter 1.5 (commencing with Section 36850) of Part 2 of Division 3 of Title 4.
(c) “County youth commission” means a youth commission, youth council, or other form of youth advisory body established by the board. board pursuant to this article.

25051.
 (a) There may be submitted to the board of a county with one or more city youth commissions, a pupil youth petition requesting the board to establish a county youth commission of the board pursuant to this chapter. article.
(b) The petition shall contain the signatures of either of the following, whichever is less:
(1) Not less than 500 pupils regularly enrolled in high schools located within the county. youth 13 to 18 years of age, inclusive, who reside in the county.
(2) Not less than 10 percent of the number of pupils regularly enrolled in high schools located within the county. youth 13 to 18 years of age, inclusive, who reside in the county.
(c) Each fiscal year, and within 60 days of receipt of a petition for pupil youth representation, or at its next regularly scheduled meeting if no meeting is held within those 60 days, the board shall order the existence of a county youth commission.
(d) A county youth commission existing before January 1, 2025, shall comply with the requirements of this chapter on or before January 1, 2027.

25052.
 The board shall prescribe the policies and procedures for the selection of members of the county youth commission, subject to the requirements of this section.
(a) The board may provide for an application, election, nomination, or any other process as decided by the board for the selection of members of the county youth commission.
(b) The county youth commission shall be composed of both of the following:
(1) One representative from each city youth commission within the county, unless a city youth commission chooses to not send a representative.
(2) At least one at-large representative tasked with representing unincorporated areas. This member shall be enrolled in a high school of the county, may be less than 18 years of age, and shall 13 to 18 years of age, inclusive, and reside in an unincorporated area of the county. The board may elect to include more than one at-large representative to represent unincorporated areas.
(c) Except as otherwise provided in subdivision (d), both of the following term requirements apply:
(1) The term of a county youth commission member shall be one year, commencing on August 1 of each year.
(2) A county youth commission member shall not serve more than two terms.
(d) The term of a county youth commission member may be adjusted only in cases where a vacancy occurs.

25053.
 The board shall prescribe the roles and responsibilities of the county youth commission, subject to the requirements of this section.
(a) A county youth commission member shall have all of the following rights:
(1) Attend all meetings of the board, except closed sessions.
(2) Receive all open meeting materials presented to the regular members at the same time the materials are presented to the regular members, except for materials that pertain to closed session items.
(3) The opportunity to present to the board any of the following:
(A) An update on projects the county youth commission is currently working on.
(B) A request for action by the board.
(C) A proposal for future projects.
(D) Comments or concerns regarding the community.
(b) The county youth commission shall have both of the following responsibilities:
(1) Meet at least two times per month.
(2) Send at least one county youth commission member to attend the meetings of the board, except closed sessions.
(c) A county youth commission member shall not be liable for any acts of the board.

25054.
 The board shall require at least one board member to attend at least one county youth commission meeting per month.

SEC. 2.

 Chapter 1.5 (commencing with Section 36850) is added to Part 2 of Division 3 of Title 4 of the Government Code, to read:
CHAPTER  1.5. City Youth Commission

36850.
 For purposes of this chapter, the following definitions apply:
(a) “City youth commission” means a youth commission, youth council, or other form of youth advisory body established by the council.
(b) “Council” means the city council of a city.

36851.
 (a) There may be submitted to the council maintaining one or more high schools a pupil a youth petition requesting the city to establish a city youth commission of the council pursuant to this chapter.
(b) The petition shall contain the signatures of either of the following, whichever is less:
(1) Not less than 500 pupils regularly enrolled in high schools located within the city. youth 13 to 18 years of age, inclusive, who reside in the county.
(2) Not less than 10 percent of the number of pupils regularly enrolled in high schools located within the city. youth 13 to 18 years of age, inclusive, who reside in the county.
(c) Each fiscal year, and within 60 days of receipt of a petition for pupil youth representation, or at its next regularly scheduled meeting if no meeting is held within those 60 days, the council shall order the existence of a city youth commission.
(d) A city youth commission existing before January 1, 2025, shall comply with the requirements of this chapter on or before January 1, 2027.

36852.
 The council shall prescribe the policies and procedures for the selection of members of the city youth commission, subject to the requirements of this section.
(a) The council may provide for an application, election, nomination, or any other process as decided by the council for the selection of members of the city youth commission.
(b) A pupil youth selected to serve as a city youth commission member shall be enrolled in a high school of the city, may be less than 18 years of age. 13 to 18 years of age, inclusive, and a resident of the city.
(c) Except as otherwise provided in subdivision (d), both of the following term requirements apply:
(1) The term of a city youth commission member shall be one year, commencing on July 1 of each year.
(2) A city youth commission member shall not serve more than two terms.
(d) The term of a city youth commission member may be adjusted only in cases where a vacancy occurs.

36853.
 The council shall prescribe the roles and responsibilities of the city youth commission, subject to the requirements of this section.
(a) A city youth commission member shall have all of the following rights:
(1) Attend all meetings of the council, except closed sessions.
(2) Receive all open meeting materials presented to the regular members at the same time the materials are presented to the regular members, except for materials that pertain to closed session items.
(3) The opportunity to present to the council any of the following:
(A) An update on projects the city youth commission is currently working on.
(B) A request for action by the council.
(C) A proposal for future projects.
(D) Comments or concerns regarding the community.
(b) The city youth commission shall have both of the following responsibilities:
(1) Meet at least two times per month.
(2) Send at least one city youth commission member to attend the meetings of the council, except closed sessions.
(c) A city youth commission member shall not be liable for any acts of the council.

36854.
 The council shall require at least one council member to attend at least one city youth commission meeting per month.

SEC. 3.

 The Legislature finds and declares that Section 2 of this act adding Section 36850 to the Government Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act apply to all cities, including charter cities.

SEC. 4.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.