Amended  IN  Assembly  February 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 832

Introduced by Assembly Member Cervantes

February 13, 2023

An act to amend Section 8760 Sections 14502 and 14504 of the Government Code, relating to the California Poet Laureate. California Transportation Commission.


LEGISLATIVE COUNSEL'S DIGEST


AB 832, as amended, Cervantes. California Poet Laureate. California Transportation Commission: membership.
Existing law establishes the Arts Council and sets forth the duties of the council in promoting the arts in the state. Existing law establishes the position of California Poet Laureate, who is appointed for a specified term by the Governor, confirmed by the Senate from a list of nominees garnered by the council through a specified process, and who performs prescribed duties. establishes the California Transportation Commission in the Transportation Agency. Existing law vests the California Transportation Commission with various powers and duties relative to the programming of transportation capital projects and allocation of funds to those projects pursuant to the state transportation improvement program and various other transportation funding programs. Under existing law, the commission consists of 13 members, including 9 members appointed by the Governor with the advice and consent of the Senate, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules, as specified. Existing law requires the Governor, in appointing those members to the commission, to make every effort to ensure, among other things, the commission has a diverse membership with expertise in transportation issues, taking into consideration factors, including, but not limited to, socioeconomic background and professional experience, which may include experience working in, or representing, disadvantaged communities.
This bill would make nonsubstantive changes to provisions concerning the nomination and appointment of the California Poet Laureate. delete the above-described requirement that the Governor, in appointing those members to the commission, make every effort to ensure the commission has a diverse membership with expertise in transportation issues and would instead require that at least one of those Governor-appointed members of the commission reside in, and work directly with, communities in the state that are disproportionately burdened by, and vulnerable to, high levels of pollution, including, but not limited to, communities with diverse racial and ethnic populations and communities with low-income populations.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 14502 of the Government Code is amended to read:

14502.
 The commission consists of 13 members appointed as follows:
(a) (1) Nine members shall be appointed by the Governor with the advice and consent of the Senate. One member shall be appointed by the Speaker of the Assembly and one member shall be appointed by the Senate Committee on Rules, with neither of these members subject to confirmation by the Senate. A member appointed pursuant to this subdivision shall not simultaneously hold an elected public office, or serve on any local or regional public board or commission with business before the commission.
(2) Of the members appointed pursuant to this subdivision, at least one shall reside in, and work directly with, communities in the state that are disproportionately burdened by, and vulnerable to, high levels of pollution, including, but not limited to, communities with diverse racial and ethnic populations and communities with low-income populations.
(b) One Member of the Senate appointed by the Senate Committee on Rules and one Member of the Assembly appointed by the Speaker of the Assembly shall be ex officio members without vote and shall participate in the activities of the commission to the extent that such participation is not incompatible with their positions as Members of the Legislature.
(c) Notwithstanding any other provision of law, a voting member of the commission may serve on the High-Speed Rail Authority as established in Division the California High-Speed Rail Act (Division 19.5 (commencing with Section 185000) of the Public Utilities Code. Code).

SEC. 2.

 Section 14504 of the Government Code is amended to read:

14504.
 (a) In appointing members, the Governor shall make every effort to ensure both of the following: that
(1)That there is a geographic balance of representation on the commission as a whole, with members from the northern and southern areas and from the urban and rural areas of the state.

(2)That the commission has a diverse membership with expertise in transportation issues, taking into consideration factors including, but not limited to, socioeconomic background and professional experience, which may include experience working in, or representing, disadvantaged communities.

(b) Each member of the commission shall represent the state at large.

SECTION 1.Section 8760 of the Government Code is amended to read:
8760.

(a)The position of California Poet Laureate is hereby established.

(b)The California Poet Laureate shall be appointed by the Governor and confirmed by the Senate from a list of three nominees provided by the Arts Council garnered through the following process:

(1)The council shall establish a panel of three literary experts that may include any of the following:

(A)Literature professors and teachers, including professional poets teaching in programs such as the California Poets in the Schools and other arts in schools programs.

(B)Public and private arts organizations that have a significant literary component.

(C)Professional poets.

(D)Boards and directors of literary organizations.

(E)Literary critics.

(F)Others deemed by the director to have expertise in contemporary American poetry.

(2)(A)The panel shall solicit nominations from a broad array of literary sources and individuals, including, but not limited to, all of the following:

(i)University and college literature departments.

(ii)Literary organizations, societies, and centers.

(iii)Poetry book publishers and poetry editors.

(iv)Directors of poetry reading series.

(v)Independent book sellers specializing in poetry.

(B)The panel shall make every effort to ensure that information regarding the solicitation of nominations is broadly distributed.

(3)The council may establish other rules and regulations regarding the nomination process and expend funds for those purposes.

(c)Each nominee for California Poet Laureate submitted by the Arts Council to the Governor shall have resided in California for at least 10 years, have a significant body of published work, and be widely considered to be a poet of stature.

(d)A poet laureate appointed pursuant to this section shall serve for a term of two years and may not serve more than two terms.