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Language of the Act - SB252


 

AMENDED IN SENATE MAY 31, 2006

california legislature—2005–06 regular session

ASSEMBLY BILL No. 252

Introduced by Assembly Member Chavez Dymally

February 8, 2005

An act to amend Section 8778 add and repeal Chapter 9.6

(commencing with Section 8770) of Division 1 of Title 2 of the

Government Code, relating to arts, and making an appropriation

therefor.

legislative counsel’s digest AB 252, as amended, Chavez Dymally. Digital Arts Studio

Partnership Demonstration Program Act.

Existing law generally provides for various youth development

programs in the state.

This bill, until January 1, 2011, would establish the Digital Arts

Studio Partnership Program (DASP) to train youth in digital

technology skills. It would require the program to be administered by

the Lieutenant Governor’s office according to specified criteria and

subject to the availability of funding for that purpose. It would require

the office, as the host agency for the program, to contract with a

nonprofit corporation meeting prescribed criteria to implement the

program in partnership with participating regional DASP

organizations, as defined, to convene a DASP Statewide Advisory

Panel to perform various duties with regard to the program, and to

report annually to specified entities on the progress of the program.

The bill would authorize the Lieutenant Governor’s office to receive

and expend, through the continuously appropriated Special Deposit

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Fund, private moneys for these purposes, thereby making an

appropriation.

Existing law requires, until January 1, 2006, the Arts Council to

administer the Digital Arts Studio Partnership Demonstration

Program, which is established to create voluntary pilot regional public

and private partnerships in digital media arts technology that will train

youths in after school regional, community–based digital technology

programs, with the goal of providing a qualified, domestic workforce

in technology and the arts.

This bill would extend these provisions until January 1, 2011, unless

a later enacted statute enacted before January 1, 2011, deletes or

extends that date.

Vote: majority. Appropriation: no yes. Fiscal committee: no

yes. State-mandated local program: no.

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

SECTION 1. The Legislature finds and declares all of the

following:

(a) The youth of California are the primary beneficiaries of

digital media technology development because this technology is

the foundation of social relations, intellectual development, and

exploration and understanding of their world.

(b) Currently, the training and educating of our youth in the

entire field of digital media arts and communications technology

is often absent, isolated, fragmented, marginalized, and

underdeveloped in schools, industry, and the community.

(c) There is a need to ensure the availability of, and full access

to, innovative and career-quality digital arts training and tools,

and their dissemination to secondary school youth and

educators. Reinforcing basic and advanced skills in, and

knowledge of, digital media arts and aesthetics applications will

serve as a means of improving the quality of education, digital

literacy, and workforce and community development offered in

California.

(d) The understanding of the scope and nature of the field of

digital media arts and telecommunications technology is

underdeveloped and lacks cohesion and coherence.

(e) Educating and training our youth in digital media arts

technology will lead to careers in that field, thus contributing to

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a stronger state economy through meeting vital employer sector

needs.

(f) The establishment of a coordinated and networked regional

training and service model will enable our youth to obtain

competencies and skills and to pursue career paths in digital arts

and telecommunications technology.

(g) There is a demonstrably need for high quality media

communications tools and products in the community nonprofit

sector in order for that sector to accomplish its mission for social

enhancement.

(h) Youth interconnectivity can be benefitted by access to, and

mastery of, emerging digital media technology, leading to

improved self-determination, self-empowerment, civic

contributions, and cultural harmony in our society.

(i) The entertainment, manufacture, and system design

elements of the digital media telecommunications industries

define the future of communications in California in the 21st

century and as such play an unparalleled and compelling role in

the education, workforce development, and economic future of

California.

(j) Therefore, it is the intent of the Legislature in enacting this

act to develop comprehensive, community-based, public and

private regional partnerships that are the result of a systematic

planning process that includes strategies aimed at linking

existing programs providing technology training or services, or

both, to youth, promoting instructor professional development

and networking, and establishing active involvement and support

of private industry.

SEC. 2. Chapter 9.6 (commencing with Section 8770) is

added to Division 1 of Title 2 of the Government Code, to read:

Chapter 9.6. Digital Arts Studio Partnership Program

Act

8770. This chapter shall be known and may be cited as the

Digital Arts Studio Partnership Program Act.

8771. For the purposes of this chapter, the following

definitions shall apply:

(a) “DASP” or “program” means the Digital Arts Studio

Partnership Program established pursuant to Section 8772.

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(b) “DASP Statewide Advisory Panel” means the advisory

panel convened by the Lieutenant Governor pursuant to Section

8776.

(c) “Host agency” means the Lieutenant Governor’s office.

(d) “Hub” means a facility contracted by the regional DASP

organization to provide the full range of state-of-the-art tools

and studio space, including computers, video, audio, or other

digital media software and production equipment onsite or

offsite, and that meets both of the following criteria:

(1) It can successfully deliver media messages to a potentially

large offsite audience via cable television, Web site, broadcast or

LPFM radio, or other means of mass audience electronic

message distribution.

(2) It offers regional training programs and curriculum

coordination with industry and postsecondary institutions for

emerging digital arts technology designed for young people and

their adult mentors in an afterschool or extended schoolday type

program for workforce development.

(e) “Media atelier or club” means a neighborhood program,

facility, or classroom that meets all of the following criteria:

(1) It is a dedicated digital media arts environment that can

provide afterschool or extended school day digital media arts

training activities for young people interested in mastery and

knowledge of digital media production and opportunities for

community service.

(2) It can provide computers, video, audio, or other digital

media software and production equipment onsite.

(3) It has adult mentoring and a peer-to-peer support program

designed for young people.

(4) It agrees to report required program work, fiscal

information, and other data in a timely manner to the designated

satellite studio or regional DASP organization, to host periodic

meetings and media events for young people in close proximity to

their homes, and to establish and respect youth led media

association advisory plan input.

(f) “Regional DASP organization” means a regional nonprofit

corporation that has been approved by, and contracts with, the

host agency for implementation of the program at a local level.

(g) “Satellite studio” means an organization that coordinates

in reporting, planning, and event operations between the hub and

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primary regional DASP organizations and that meets all of the

following criteria:

(1) It can provide state-of-the-art digital media arts

consultative and support services to at least five of the media

ateliers or clubs.

(2) It can provide computers, video, audio, or other digital

media software and digital studio production equipment onsite

and offsite.

(3) It can successfully produce and deliver media messages to

a potentially large offsite audience via cable television, Web site,

broadcast, broadcast or LPFM radio, or other means of

electronic message distribution.

(4) It has specific training programs and curriculum designed

for youth aged 13 to 18 years, inclusive, and adult mentors.

(h) “Youth” means individuals aged 13 to 22 years, inclusive,

unless otherwise specified.

8772. (a) The Digital Arts Studio Program, also known as

DASP, is hereby established in state government.

(b) The purpose of the program is to create voluntary regional

public and private partnerships in digital media arts and

telecommunications technology that will train youth and their

mentors in school or community-based regional digital

technology programs, in order to expand both academic and

vocational pathways to learning and to provide a qualified

domestic workforce in technology and the arts.

8773. (a) The Lieutenant Governor’s office shall administer

the program and shall serve as the program’s host agency. In

administering the program, the host agency shall do all of the

following:

(1) Develop and administer a master contract with the

corporation described in Section 8774.

(2) Approve the statewide plan developed pursuant to Section

8775.

(3) Approve contracts with at least five regional DASP

organizations in the state.

(4) Report annually on the progress of the program pursuant

to subdivision (b) of Section 8777.

(5) Provide input for the program’s annual budget.

(6) Approve contracts for assessments or evaluations.

(7) Oversee expenditures for the program.

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(8) Serve as a cohost, with the contracting corporation, of the

program’s annual statewide conference.

(9) Convene the DASP Statewide Advisory Panel pursuant to

Section 8776.

(10) Approve any applicable tax credit certification reports

provided by the contracting agency.

(11) Convene at least one meeting annually of representatives

of K-12 education, community colleges, four-year learning

institutions, workforce development agencies, including, but not

limited to, the Labor and Workforce Development Agency and

state and local workforce investment boards, and youth councils,

to review the progress the state is making toward meeting the

objectives of this chapter. The review shall include, but not be

limited to, how the state is working with industry to develop a

well trained workforce in digital media arts and

telecommunications technology.

(b) The Lieutenant Governor shall appoint a staff person

within his or her office to exercise oversight of the duties of the

host agency, subject to the availability of funds for the position.

8774. (a) The host agency shall contract with a nonprofit

corporation to implement the activities in this chapter. The

criteria for selection of the contractor shall include all of the

following:

(1) The contracting corporation shall be a nonprofit

corporation organized under the laws of this state, whose sole

responsibility is to implement the program described in this

chapter.

(2) The contracting corporation shall have the capability to

conduct statewide activities.

(3) The board of directors of the contracting corporation shall

include at least one member from each of the five regional

organizations, and at least two youth under the age of 22 years.

(4) The contracting corporation and its officers shall have a

history of work in the area of digital arts, including, but not

limited to, convening of statewide conferences, developing

policy, and working with industry partners.

(5) The contracting corporation shall demonstrate that it has

the ability to disseminate curriculum and to assist professional

development courses.

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(6) The contracting corporation shall have the capacity to

provide certification for any tax credits that may be applied to

the program.

(7) Colleges, universities, community nonprofits in limited

geographic areas, or for-profit corporations shall not be eligible

to contract under this section.

(b) The contracting corporation shall have all of the following

duties:

(1) Developing the statewide plan pursuant to Section 8775,

for approval by the host agency.

(2) Drafting a master contract for approval by the host

agency.

(3) Planing and administering all aspects of conferences,

forums, meetings with respect to the statewide program,

including the annual statewide DASP conference.

(4) Establishing standards and requirements and grant

guidelines, processes, and procedures for, and administering

contracts with, regional DASP organizations.

(5) Overseeing the performance of grantees, including local

service providers such as hubs, ateliers or clubs, or satellite

studios.

(6) Developing policies for the program, subject to approval

by the host agency.

(7) Developing recommendations for statutory or regulatory

changes for the program, subject to approval by the host agency.

(8) Meeting regularly with K-14 state education leaders.

(9) Producing and promoting model curriculum units in

technology education for regional DASP organizations.

(10) Serving as liaison with applicable state agency advisory

panels.

(11) Developing assessment or evaluation contracts for host

agency approval.

(12) Developing and maintaining an inclusive Web site.

(13) Providing necessary data collection and research

functions.

(14) Serve as certifying entity for any applicable tax credits.

(15) Administering the day to-day operations of the statewide

program.

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(16) Submitting an annual report to the host agency detailing

the progress made and challenges encountered toward meeting

the goals set forth in the statewide plan.

8775. The statewide plan developed by the contracting

corporation shall include all of the following elements:

(a) A map of digital programs, to include all of the following:

(1) Training targets for each region that enumerate the

number of youth and teachers to be trained annually.

(2) An assessment of programs in digital media arts in

California at the secondary, community college, and four-year

educational institutions as well as private or community training

agencies.

(3) A list of companies or corporations that offer training

programs and support for instructors.

(b) Industry areas of concentration, including all of the

following:

(1) A description of industry needs by sector, including, but

not limited to, digital art, design, manufacturing, software

design, and entertainment, as well as other applications in

forensic sciences, health care, agriculture, and legal professions

that require digital modeling or simulations.

(2) An inventory and description of programs offered by

industry partners, including, but not limited to, internships,

mentorships, residencies, executive loan programs, and

certification and noncertification training programs.

(3) Identification of the best practice pathways and

approaches to engage all of the investment strategies that DASP

industry partners may offer that includes using all divisions of a

company, including sales and marketing, human resources,

philanthropy, and community and government relations entities.

(c) An education interface, including all of the following:

(1) An inventory and description of all partner educational

institutions who sign agreements with the contracting

corporation or regional DASP organizations.

(2) An assessment of articulation of educational programs at

all levels, including, but not limited to, middle school, high

school, community college, and four-year institutions.

(3) A description of how to encourage use of the California

Career Technical Education standards and framework through

workshops or assistance made available through DASP.

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(4) Other necessary functions that relate to education and

digital media programs and companies.

(d) A master contract, including all of the following:

(1) A definition of regional DASP organizations and

designation of a minimum of approved regional DASP

organizations.

(2) (A) Execution of an agreement with regional DASP

organizations that ensures fulfillment of DASP objectives,

including, but not limited to, the following functions and

activities:

(i) A professional staff development plan for teachers in the

region by approved agents, and other workshops for teachers in

using digital arts standards and frameworks.

(ii) Development of mentorships, internships, and residencies

in schools.

(iii) Development of articulation agreements between

secondary schools, community colleges, and four-year

institutions.

(iv) Convening of open and public regional DASP

organization board meetings, at least four times annually.

(v) Selection of regional DASP organization representatives

for the board of the contracting corporation.

(vi) Mandatory attendance of staff and board of the regional

DASP organization at the statewide annual conference.

(vii) Participation in statewide DASP affinity groups,

including, but limited to, drafting sessions at the annual

statewide conference.

(viii) Participation in data collection as called for by the

contracting corporation.

(ix) Production of multimedia festivals or showcases, or both,

of youth works.

(x) Holding career promotion days for youth in the region.

(xi) Marketing and promoting DASP work for public

awareness.

(xii) Developing grants and related funding support sources.

(xiii) Promoting community service projects and coordination

with the regional nonprofit organizational sector.

(xiv) Recruiting private sector partners, including individuals,

companies, and corporations in the field of technology, media,

arts, entertainment, Web design, industrial design,

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communications, and software development for investment and

participation in the program.

(xv) Recruiting partners among labor unions, professional

associations, business associations, nonprofit sector

organizations, and relevant workforce government agencies.

(B) The execution of agreements with regional DASP

organizations shall also ensure that the organizations can

achieve all of the following objectives:

(i) The capacity to reach a population of at least one million

people or collaborate in a regional, multicounty,

community-based, coordinated program, or the capacity to

broadcast student-produced media, or both.

(ii) The capacity and ability to train 500 youths and 100

mentors or instructors annually where feasible. Youths trained

shall include youth from low-income families and communities of

color, and youth with disabilities.

(iii) Where feasible, the ability to provide access for youth,

beyond the established schoolday, to state-of-the-art facilities,

equipment, and personnel.

(iv) The ability to provide expert staff who shall serve as

trainers and mentors.

(v) The ability to identify underequipped and underserved

communities and schools in the targeted region, for purposes of

inclusion in the partnership.

(vi) Identify and designate a hub site or organization that can

provide necessary production and broadcast facilities for digital

media and communications work.

(vii) Identify and designate at least four satellite studio sites

that can provide technologic equipment to shoot and edit youth

media product, with accessibility of a teacher or mentor on site

to assist youth.

(viii) Identify and designate necessary additional youth media

ateliers or clubs where youth can meet, learn, and work

collaboratively on projects.

(ix) Development of youth organizations led, to the degree

possible, by youth.

(3) A description of funds available and the mechanism for

funding regional programs.

(4) Grant development functions provided by DASP to

participating regional DASP organizations.

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(e) Development of a plan for recruiting industry partners in

using any available tax credits applicable to the program, and

carrying out any related duties in that regard, including

certification of program participation, if required.

8776. (a) The host agency shall convene an advisory panel,

to be known as the DASP Statewide Advisory Panel, consisting of

18 voting members appointed as follows:

(1) Nine members shall be appointed by the Governor.

(2) Three members shall be appointed by the Lieutenant

Governor.

(3) Three members shall be appointed by the Speaker of the

Assembly.

(4) Three members shall be appointed by the Senate

Committee on Rules.

(b) The Lieutenant Governor or his or her designee shall serve

as the chairperson of the panel in a nonvoting, ex-officio

capacity.

(c) The membership of the panel shall be drawn

proportionally from private industry, state agencies involved in

education, workforce development, and the arts, local educators,

artists, teachers, parents, and youth. The host agency shall

advise the appointing authorities that the panel shall include at

least one classroom teacher, one parent, and one youth

participant, and if no such members are appointed by either the

Governor or legislative appointment authorities, the Lieutenant

Governor shall meet this requirements from his or her

appointments.

(d) Members of the panel shall serve at the pleasure of their

appointing authority, and shall serve the state without

remuneration, except that they may be reimbursed for reasonable

expenses incurred in attending the meetings of the panel.

(e) The Lieutenant Governor or the contracting corporation

may provide staff for the panel.

(f) The panel shall meet twice annually as called by the host

agency.

(g) The panel shall do all of the following:

(1) Advise the host agency on policy.

(2) Set allocation priorities for industry sectors, such as

entertainment, design, or communications, among others.

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(3) Assist in convening the program’s annual statewide

conference.

(4) Serve as liaison to the manufacturing, communications,

and entertainment industries, and the higher education sector.

(5) Assist in the development of the statewide plan.

(6) Evaluate and advise the Governor, the Secretary of

Education, the Secretary of Labor and Workforce Development,

and the Secretary of Business, Transportation and Housing on

the workforce needs of the state with respect to emerging

technology.

8777. (a) The host agency shall establish performance

criteria for evaluating digital arts studio partnerships, that would

include, but not be limited to, all of the following:

(1) Training outcomes.

(2) Youth multimedia art products and their exhibition.

(3) Digital media and aesthetics curriculum development and

dissemination.

(4) Afterschool instructor recruitment and training.

(5) Partnerships with industry and their effectiveness.

(6) Youth leadership development.

(7) Community service and enhancement.

(8) Communication arts growth and achievements.

(9) Impact on digital divide challenges.

(b) No later than March 1, 2008, and by that date annually

thereafter, the host agency shall report on the program to the

Joint Committee on the Arts, the Assembly Committee on Arts,

Entertainment, Sports, Tourism and Internet Media, the

Assembly and Senate Education Committees, and the Legislative

Analyst. The report shall include, but not be limited to, an

accounting of any applicable certified tax credits allocated,

performance measures, as outlined in subdivision (a), and any

other information the Legislature may require.

8778. (a) This chapter shall be implemented only to the

extent funds are available for this purpose.

(b) The host agency may receive and expend private moneys

for the purposes of this chapter, pursuant to Section 16372.

(c) Except as specified with respect to state entities, no part of

this chapter shall be construed to apply to any public or private

entity that has not agreed to participate in the program.

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8779. This chapter shall remain in effect only until January 1,

2011, and as of that date is repealed, unless a later enacted

statute, that is enacted before January 1, 2011, deletes or extends

that date.

SECTION 1. Section 8778 of the Government Code is

amended to read:

8778. This chapter shall remain in effect only until January 1,

2011, and as of that date is repealed, unless a later enacted

statute, that is enacted before January 1, 2011, deletes or extends

that date.

O

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