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AB-1765 CaliforniaVolunteers: nonprofit public benefit corporation.(2015-2016)

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AB1765:v95#DOCUMENT

Assembly Bill No. 1765
CHAPTER 743

An act to add Chapter 5.6 (commencing with Section 8400) to Division 1 of Title 2 of the Government Code, relating to state government.

[ Approved by Governor  September 28, 2016. Filed with Secretary of State  September 28, 2016. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1765, Irwin. CaliforniaVolunteers: nonprofit public benefit corporation.
Under existing law, by executive order, CaliforniaVolunteers is established in the office of the Governor and is charged with overseeing programs and initiatives for service and volunteerism.
This bill would authorize CaliforniaVolunteers, for so long as it is authorized to exist, to form a nonprofit public benefit corporation or other entity exempt from income taxation, as provided, to raise revenues and receive grants or other financial support from private or public sources, for the purposes of undertaking or funding any lawful activity authorized to be undertaken by CaliforniaVolunteers. The bill would require that the nonprofit public benefit corporation or other entity use the financial support it receives solely for the governmental purposes approved by CaliforniaVolunteers for activities within the scope of authority of CaliforniaVolunteers. The bill would prohibit the nonprofit public benefit corporation or other entity from using for its own administrative costs more than 10% of the grants and financial support it receives. The bill would specify the mission of that nonprofit public benefit corporation or other entity.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Chapter 5.6 (commencing with Section 8400) is added to Division 1 of Title 2 of the Government Code, to read:
CHAPTER  5.6. CaliforniaVolunteers

8400.
 (a) CaliforniaVolunteers, as established by Executive Order S-24-06, is authorized to form a nonprofit public benefit corporation or other entity exempt from income taxation as an organization described in Section 501(c)(3) of the Internal Revenue Code or Section 23701d of the Revenue and Taxation Code to raise revenues and receive grants or other financial support from private or public sources, for the purposes of undertaking or funding any lawful activity authorized to be undertaken by CaliforniaVolunteers. Grants or financial support received by the nonprofit public benefit corporation or other entity shall be used solely for the governmental purposes approved by CaliforniaVolunteers for activities within the scope of authority of CaliforniaVolunteers. No more than 10 percent of the grants and financial support received by the nonprofit public benefit corporation or other entity may be used to pay for the administrative costs of that nonprofit public benefit corporation or other entity. The mission of the nonprofit public benefit corporation or other entity is as follows:
(1) To support the funding of CaliforniaVolunteers programming and administrative costs.
(2) To support any priorities set forth by the Governor or the CaliforniaVolunteers board of commissioners.
(b) The authority granted in subdivision (a) shall expire if the Governor rescinds Executive Order S-24-06 or otherwise rescinds the establishment of CaliforniaVolunteers.