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AB-2612 Governor’s Office of Business and Economic Development: International trade and investment.(2023-2024)

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Date Published: 02/14/2024 09:00 PM
AB2612:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2612


Introduced by Assembly Member Hoover

February 14, 2024


An act to amend Sections 13996.41 and 13997 of the Government Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


AB 2612, as introduced, Hoover. Governor’s Office of Business and Economic Development: International trade and investment.
Existing law requires the Governor’s Office of Business and Economic Development (GO-Biz) to develop and implement an International Trade and Investment Program and authorizes the director of GO-Biz to establish international trade and investment offices, as specified. Existing law authorizes GO-Biz to accept nonstate moneys for the purposes of operating an international trade and investment office, as specified. Existing law requires GO-Biz to post a report on its internet website for each donation that it receives to fund an international trade and investment office that is funded in whole or in part by nonstate funds, as specified, or operated under a contract with a nonprofit entity, as specified, and for each donation that it receives for the purposes of promoting international trade and investment events, as specified, within 30 days of receiving those donations.
This bill would instead require GO-Biz to post the above-described reports on its internet website from within 15 days of GO-Biz receiving those donations.
Existing law authorizes GO-Biz to contract with a nonprofit entity to operate an international trade and investment office. Existing law requires a contract for that purpose to, among other things, require the nonprofit entity to provide GO-Biz with specified information sufficient to satisfy the internet website posting requirement described above within 30 days of the receipt by the nonprofit of each donation used to fund an international trade and investment office.
This bill would instead require the contract to require the nonprofit entity to provide GO-Biz with the specified information sufficient to satisfy the internet posting requirement within 15 days of the nonprofit receiving those donations.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 13996.41 of the Government Code is amended to read:

13996.41.
 (a) The Governor’s Office of Business and Economic Development shall develop and implement an International Trade and Investment Program that does all of the following:
(1) Attracts employment-producing direct foreign investment to the state.
(2) Provides support for California businesses in accessing international markets, including assistance to increase California exports.
(3) Engages in other international trade or foreign investment activities assigned by the Governor.
(b) The Director of the Governor’s Office of Business and Economic Development may establish and terminate international trade and investment offices outside of the United States as he or she the director determines is appropriate if the requirements of Section 13996.65 are satisfied.
(c) This section shall not be construed to confer powers or impose duties upon the Governor’s Office of Business and Economic Development that conflict with any powers conferred or duties imposed upon the Department of Food and Agriculture with respect to the promotion of California agriculture, fish, or forest exports.
(d) The Governor’s Office of Business and Economic Development shall develop a conflict-of-interest and gift policy that applies to the Governor’s Office of Business and Economic Development and all international trade and investment offices established by it.
(e) Any international trade and investment office established by the Governor’s Office of Business and Economic Development may be funded in whole or in part by nonstate funds.
(f) The Governor’s Office of Business and Economic Development may contract with a nonprofit entity to operate an international trade and investment office. The contract shall, among other provisions, require the nonprofit entity to provide the Governor’s Office of Business and Economic Development information sufficient to satisfy the reporting requirements in subdivision (c) of Section 13997 within 30 15 days of receipt by the nonprofit entity of each donation used to fund an international trade and investment office.

SEC. 2.

 Section 13997 of the Government Code is amended to read:

13997.
 (a) With respect to international trade and investment offices funded in whole or in part by nonstate funds pursuant to subdivision (e) of Section 13996.41, all of the following shall apply:
(1) The Governor’s Office of Business and Economic Development may accept nonstate moneys, including, but not limited to, federal and private sector funds, for the purposes of operating any international trade and investment office, subject to Title 9 (commencing with Section 81000). the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)). A donor shall not donate more than 25 percent of the annual budget of an international trade and investment office in a calendar year. The donor may specify the international trade and investment office for which the private sector moneys shall be used. The private sector moneys shall be deposited in the Economic Development and Trade Promotion Account, which is hereby established in the Special Deposit Fund (Art. 2 (commencing with Section 16370), Ch. 2, Pt. 2, Div. 4) (Article 2 (commencing with Section 16370) of Chapter 2 of Part 2 of Division 4) within the State Treasury. Notwithstanding Section 13340, the Director of the Governor’s Office of Business and Economic Development may expend moneys in the Economic Development and Trade Promotion Account, without regard to fiscal year, for the purposes of this subdivision. Moneys in the Economic Development and Trade Promotion Account may be allocated to an international trade and investment office, and if so allocated shall be maintained by that office in an account. Records of donations received and expenditures made pursuant to this section shall be subject to public disclosure.
(2) For each donation that it receives to fund an international trade and investment office, the Governor’s Office of Business and Economic Development shall post a report on its Internet Web site internet website within 30 15 days of receiving that donation. The report shall contain all of the following information: name and address of the donor; amount of the donation; date the donation was made; name and address of the entity receiving or using the donation; a brief description of the goods or services provided or purchased, if any; and a description of the specific purpose or event for which the donation was made, if any.
(b) The Governor’s Office of Business and Economic Development may accept private moneys for the purposes of promoting international trade and investment events subject to Title 9 (commencing with Section 81000). the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)). The donor may specify the international trade and investment event for which the private sector moneys shall be used.
(1) The private sector moneys shall be deposited into the Economic Development and Trade Promotion Account. Notwithstanding Section 13340, the Director of the Governor’s Office of Business and Economic Development may expend moneys in the Economic Development and Trade Promotion Account without regard to fiscal year, for purposes of this subdivision. Records of donations received and expenditures made pursuant to this section shall be subject to public disclosure.
(2) For each donation that it receives to fund international trade and investment events, the Governor’s Office of Business and Economic Development shall post a report on its Internet Web site internet website within 30 15 days of receiving that donation. The report shall contain the following information: name and address of the donor; amount of the donation; date the donation was made; name and address of the entity receiving or using the donation; a brief description of the goods or services provided or purchased, if any; and a description of the specific purpose or event for which the donation was made, if any.
(c) With respect to international trade and investment offices operated under contract with a nonprofit entity pursuant to subdivision (f) of Section 13996.41:
(1) A donor shall not donate more than 25 percent of the annual budget of an international trade and investment office in a calendar year.
(2) For each donation that it receives to fund an international trade and investment office, the Governor’s Office of Business and Economic Development shall post a report on its Internet Web site internet website within 30 15 days of receiving that donation. The report shall contain the following information: name and address of the donor; amount of the donation; date the donation was made; name and address of the entity receiving or using the donation; a brief description of the goods or services provided or purchased, if any; and a description of the specific purpose or event for which the donation was made, if any.
(d) Nothing in this section shall affect any requirement of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)).