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

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Date Published: 10/14/2019 09:00 PM
AB931:v92#DOCUMENT

Assembly Bill No. 931
CHAPTER 813

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

[ Approved by Governor  October 12, 2019. Filed with Secretary of State  October 12, 2019. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 931, Boerner Horvath. Local boards and commissions: representation: appointments.
Existing law 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, 2030, would require, with respect to a city with a population of 50,000 or more, that the city not appoint members of nonsalaried, nonelected boards or commissions consisting of 5 or more members such that individuals of the same gender identity comprise more than 60% of the board or commission’s membership. The bill would also prohibit a board or commission with 4 or fewer nonelected and nonsalaried members from being comprised exclusively of people with the same gender identity. The bill would define “gender identity” for purposes of the bill, and would exclude from its provisions a board or commission that has as its primary purpose addressing issues of relevance to a particular gender identity. By imposing new requirements on cities, the bill would impose a state-mandated local program.
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, 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.

 The Legislature finds and declares as follows:
(a) Appointed commission members and board members at the 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.

 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) On and after January 1, 2030, the following shall apply to a city with a population of 50,000 or more:
(1) The city shall not appoint members of nonsalaried, nonelected boards or commissions consisting of five or more members such that individuals of the same gender identity comprise more than 60 percent of the board or commission’s membership.
(2) Any board or commission of the city with four or fewer nonelected and nonsalaried members shall not be comprised exclusively of people of the same gender identity.
(b) For purposes of this section, “gender identity” means the gender or absence of gender with which the board or commission member self-identifies, without regard to the individual’s assigned sex at birth.
(c) This section shall not apply to a board or commission that has as its primary purpose to address issues of relevance to particular gender identity.
(d) 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.

 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 2 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, 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.