HomeMy WebLinkAboutAgenda Report - September 4, 2013 C-13AGENDA ITEM C/ '# 13
CITY OF LODI
,+. COUNCIL COMMUNICATION
TM
AGENDA TITLE: Receive Report Regarding Communication Pertaining to Senate Bill 594 (Hill)
MEETING DATE:
PREPARED BY:
September 4, 2013
City Clerk
RECOMMENDED ACTION: Receive report regarding communication pertaining to Senate Bill
594 (Hill).
BACKGROUND INFORMATION: The City received a request for communication from the League of
California Cities regarding SB 594 (Hill). There was a need to send
a letter of opposition immediately in light of a pending hearing.
As you may be aware, SB 594 is a last minute gut -and -amend bill that prohibits nonprofit organizations,
such as the League of California Cities, from using stated public resources from a local agency for
campaign activities, including supporting or opposing a ballot measure or candidate. Specifically, the
communication was requested because the bill prohibits local government organizations from any form of
communication advocating for or against local or state ballot measures.
The attached letter electronically signed by the Mayor was sent out on August 15, 2013. A copy of the
initial request along with the text of the bill is also attached. This report is provided for informational
purposes only pursuant to policy.
FISCAL IMPACT: None.
FUNDING AVAILABLE: Not applicable.
Ranc i on
City Clerk
Bartlam, City
CITY COUNCIL
ALAN NAKANISHI, Mayor
PHIL KATZAKIAN,
Mayor Pro Tempore
LARRY D. HANSEN
BOBJOHNSON
JOANNE MOUNCE
August 14, 2013
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6702 / FAX (209) 333-6807
www.lodi.gov cityclerk(a)lodi.gov
The Honorable Bob Wieckowski
Chair, Assembly Judiciary Committee
State Capitol, Room 4016
Sacramento, California 95814
Via Facsimile: (996) 319-2125
KONRADT BARTLAM,
City Manager
RANDI JOHL-OLSON,
City Clerk
D. STEPHEN SCHWABAUER
City Attorney
SUBJECT: OPPOSITION TO SB 594 (HILL): USE OF PUBLIC RESOURCES.
Dear Assemblyman Wieckowski,
The City of Lodi regrets to inform you of our opposition to SB 594 (Hill) as it is currently
written. We stand with the League of California Cities, an organization representing 97
percent of California cities, in our respectful opposition.
SB 594 places unnecessary and significant new restrictions on nonprofit organizations
that receive public funds and participate in campaign activities — primary, ballot
measures. It prohibits local government organizations, their officers, employees and
agents from any form of communication advocating for or against ballot measures.
By curbing the vital influence of local government organization in the ballot measure
arena, SB 594 delivers a direct assault on an organizations ability to ensure the opinions
and political voice of cities are heard.
According to the bill's author, the purpose of the bill is to address and eliminate the
supposed practice of "co -mingling" public and private resources. I find this allegation to
not only be incorrect, but offensive. As a trusted city official, I work hard to ensure that
my city abides by existing law in addition to continually seeking advice and education on
the scope of public funds prohibition. Furthermore, such allegations are unsubstantiated
and, as a matter of fact, have already been addressed by the Fair Political Practices
Commission (FPPC).
The bill also creates a new system that would require the Attorney General to audit local
government organizations every two years to ensure that they have complied with this
measure. In the event that the Attorney General determines that a local government
organization has been in violation of this measure through the audit, local government
organizations would be subject to stiff financial penalties. Given the vague language in
the current version of this bill, local government organizations would in effect not
participate in weighing -in on ballot measures that would impact their members to avoid
any potential penalties against their organizations.
In its current form, SB 594 lacks a consistent and equitable approach to this issue.
If public resource disclosure is the main intent of the bill, then I strongly believe that the
author and SB 594 supporters should amend the bill so it applies equally to all
organizations. The current version of SB 594 singles -out specific types of organizations
for these restrictive provisions, but exempts others such as educational organizations.
Finally, I am disappointed that such a significant measure has been introduced via the
practice of gut -and -amend. It wasn't until last week that the bill was amended to its
current form. This approach is inappropriate and appears to be an end -run attempt to
single -out and silence the political voice of local government advocacy organizations that
represent cities like min. If this is such a pressing issue, I would suggest the author table
the bill for now and allow time for a full discussion with all stakeholders to come up with
the best solution.
For the reasons stated above, the City of Lodi is respectfully opposed to SB 594. Should
you have any questions, please feel free to contact me at (209) 333-6702.
Sincerely,
Alan Nakanishi
Mayor
CC: The Honorable Jerry Hill, Author (916-651-4913)
Members Assembly Judiciary Committee (916-319-2188)
Tom Clark, Consultant, Assembly Judiciary Committee (916-319-2188)
Paul Dress, Consultant, Assembly Republican Caucus (916-319-3902)
Page 1 of 4
Randi Johl
From: Randi Johl
Sent: Thursday, August 15, 2013 02:01 PM
To: Randi Johl
Subject: FW: URGENT: Letters and Calls Needed
Attachments: Opposition to SB594(HILL).pdf
From: Randi Johl
Sent: Thursday, August 15, 2013 09:20 AM
To: Alan Nakanishi; Rad Bartlam
Subject: FW: URGENT: Letters and Calls Needed
The attached letter was sent a few minutes ago as requested. We used an electronic signature on behalf
of the Mayor in light of the time sensitivity. As is our practice, we'll include the letter on the consent
calendar for informational purposes at the next council meeting -
Randi
From: Rad Bartlam
Sent: Thursday, August 15, 2013 07:02 AM
To: Randi Johl
Subject: Fwd: URGENT: Letters and Calls Needed
Let's get a letter in. Thanks.
Sent from my Whone
Begin forwarded message:
From: "Stephen R. Qualls" <squalls@cacities.org>
Date: August 15, 2013, 6:53:58 AM PDT
To: "Stephen R. Qualls" <squalls@ acities.org>
Subject: URGENT: Letters and Calls Needed
This bill passed the Senate unanimously but was not the same bill as it was "gutted
and Amended" into a completely different bill.
This means that we must urge our legislators to vote no when it comes before them
again.
Please notify me with any feed back that you may receive.
Thank you.
ACTION ALERT!!
SB 594 (Hill)
A measure that will silence the voice of local government.
08/15/2013
Page 2 of 4
OPPOSE
Quick Facts on SB 594:
SB 594 would silence the voice of local government. This measure would single -out and
silence the political voice of organizations that advocate for local government by creating a
special set of criteria that would prohibit local government organizations (i.e. the League
and the CA State Association of Counties) to take positions on ballot measures that affect
their members (See list of OPPOSITION below).
Unclear language masks bills true intent. The measure appears to seek transparency, but it is
an end -run effort to target organizations from expressing their policy positions on statewide
ballot measures. SB 594 places unnecessary and significant new restrictions on nonprofit
organizations that receive public funds and participate in campaign activities — primarily
ballot measures. It prohibits local government organizations like the League, their officers,
and their employees from any form of communication advocating in support/opposition of
ballot measures.
SB 594 would create a new mechanism to punish local government organizations for
representing its members in the political process. This measure creates a new system that
would require the Attorney General to audit local government organizations every two years
to ensure that they have complied with this measure. In the event that the Attorney General
determines that a local government organization has been in violation of this measure
through the audit, local government organizations would be subject to stiff financial
penalties. Given the vague language in the current version of this bill, local government
organizations would in effect not be able to sponsor or weigh-in on ballot measures that
would impact their members to avoid any potential penalties against their organizations.
Unsubstantiated allegations by the author and the sponsors of this measure. SB 594 is based
on allegations that nonprofit organizations are co -mingling public and private resources.
When it comes to the League, this allegation completely unfounded. Our practices have
been validated by the Fair Political Practices Commission. In response to a similar
allegation made by the Howard Jarvis Taxpayers Association against the League and others,
the FPPC ruled in November 2009, after a one-year investigation, that there was "no
evidence that public funds were used to make political contributions by the organizations."
Let's be consistent. The current version of SB 594 singles -out specific types of
organizations from these restrictive provisions. If the Legislature desires to adopt broader
disclosure policies, then they should apply to all organizations active on ballot measures.
OPPOSITION: League of California Cities, California State Association of Counties,
California Special Districts Association, California Police Chiefs Association, California
Sheriffs Association, California District Attorneys Association, California Society of
Association Executives (Ca1SAE), and the Rural County Representatives of California.
ACTION:
This bill is scheduled to be heard in the Assembly Judiciary Committee on the afternoon of
Thursday, Aug. 15. City officials who have members on this committee should contact their
member and place CALLS ASAP. (phone and fax numbers included below, sample letter
attached).
08/15/2013
Page 3 of 4
Asm. Bob Wieckowski (Chair)
Ph: (916) 319-2025
Fx: (916) 319-2125
Asm. Don Wagner (Vice Chair)
Ph: (916) 319-2068
Fx: (916) 319-2168
Asm. Luis Alejo
Ph: (916) 319-2030
Fx: (916) 319-2130
Asm. Ed Chau
Ph: (916) 319-2049
Fx: (916) 319-2149
Asm. Roger Dickinson
Ph: (916) 319-2007
Fx: (916) 319-2107
Asm. Cristina Garcia
Ph: (916) 319-2058
Fx: (916) 319-2158
Asm. Jeff Gorell
Ph: (916) 319-2044
Fx: (916) 319-2144
Asm. Brian Maienschein
Ph: (916) 319-2077
Fx: (916) 319-2177
Asm. Al Muratsuchi
Ph: (916) 319-2066
Fx: (916) 319-2166
Asm. Mark Stone
Ph: (916) 319-2029
Fx: (916) 319-2129
Talking Points:
• I strongly OPPOSE any effort to effectively eliminate my voice in matters of statewide
importance.
• SB 594 is a direct assault on our ability to have our voices heard on ballot measures
that could impact my city and its constituents.
o SB 594 contains broad language that would be subject to considerable interpretation by
the Attorney General and has the potential to not only limit direct financial participation in
08/15/2013
Page 4 of 4
campaigns, but perhaps even taking positions on ballot measures that would have a direct
impact on California cities and services we provide to the public.
SB 594 should be inclusive of all entities.
o There should not be a second, stricter standard applied to cities, counties, and special
districts when compared to other local elected officials that are generally identical.
• SB 594 is a solution in search of a problem and I encourage you to vote "No" or to
stay -off of this very over reaching measure.
Stephen Qualls
Central Valley Regional Public Affairs Manager
League of California Cities
209-614-0118
Fax 209-883-0653
sguallsgcacities.org<mailto: squalls(2cacities.org>
To expand and protect local control for cities through education and
advocacy in order to enhance the quality of life for all Californians.
<http://www.eacities.org/AC>
08/15/2013
AMENDED IN ASSEMBLY AUGUST 7, 2013
AMENDED IN SENATE MAY 24, 2013
AMENDED IN SENATE APRIL 18, 2013
SENATE BILL
No. 594
Introduced by Senator -Stein" Hill
February 22, 2013
4 o Tide zef the Edueatim Godes &md to add Seetions 17057.6 an
23610.6 to the Reverrue and Taxation Gode, relating to . An
act to add Sections 8314.1, 8314.2, and 54964.5 to the Government
Code, relating to campaign activity.
LEGISLATIVE COUNSEL'S DIGEST
SB 594, as amended, Steinberg Hill.
Investment..Use of public resources.
(1) Existing law prohibits the use of public funds for campaign
activities.
This bill would prohibit a nonprofit organization from using, or
permitting another to use, public resources, including but not limited
to public resources received in exchange for consideration, from a local
agency for campaign activities. This bill would also prohibit an officer,
employee, or agent of a nonprofit organization from expending, or
authorizing the expenditure of, public resources from a local agency
to support or oppose a ballot measure or candidate. This bill would
define, among other terms, `public resources" to include, but not be
limited to, cash, lands, buildings, funds, and facilities, and "nonprofit
organization" to mean an entity incorporated under the California
Nonprofit Corporation Law or a nonprofit organization that quakes
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SB 594 —2—
for
2—
for exempt status under the federal Internal Revenue Code of 1986,
except as specified. This bill would authorize a civil cause of action for
a violation of these prohibitions and damages that include, but are not
limited to, 3 times the value of the unlawful use of the public resources.
This bill would authorize the Attorney General, a district attorney, and
a city attorney of a city having a population in excess of 750, 000 to
seek the civil remedies.
(2) Existing law requires qualifying individuals and political
organizations to report specified information, including, but not limited
to, political contributions, in statements filed with the Fair Political
Practices Commission.
This bill would require an auditable nonprofit organization that
engages in campaign activity to deposit into a separate bank account
all "speck source or sources of funds " it receives and to pay for all
campaign activity from that separate bank account. This bill would
define, among other terms, "auditable nonprofit organization " to mean
a nonprofit organization for which public resources from one or more
local agencies account for more than 20% of the organization's annual
gross revenue, as specified, and "speck source or sources of funds"
to mean any funds received by the auditable nonprofit organization that
have been designated for campaign activity use or any other funds
received by the nonprofit organization, including funds received in
exchange for consideration, as specified.
This bill would further require an auditable nonprofit organization
that engages in campaign activity to periodically disclose to the Attorney
General, and post on its Internet Web site in a certain manner, the
identity and amount of each specific source or sources of funds it
receives for campaign activity, a description of the campaign activity,
and the identity and amount of payments the organization makes from
the required separate bank account, as specified. This bill would require
the Attorney General to regularly audit each auditable nonprofit
organization, issue a written audit report, and transmit the report to
the district attorney for the county in which the auditable nonprofit
organization is domiciled. This bill would require the Attorney General
to assess a monetary penalty against an auditable nonprofit organization
for a violation of these disclosure requirements, as specified.
The Personal fiteorne Tax Law and The Corporation Tax Law
authorize various eredits against the taxes itnposed by those laws.
This bill, in aeeordattee with legislative findings eorftined in this bill
> would,
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SB 594
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The people of the State of California do enact as follows:
SECTION 1. Section 8314.1 is added to the Government Code,
to read:
8314.1. (a) It is unlawful for any nonprofit organization to
use or permit others to use public resources, including, but not
limited to, public resources received in exchange for consideration,
from any local agency for any campaign activity not authorized
by law.
(b) For purposes of this section:
(1) "Campaign activity" means a payment that is used for
communications that expressly advocates for the approval or
rejection of a clearly identified ballot measure or the election or
defeat of a clearly identified candidate by the voters, or constitutes
a campaign contribution.
(2) "Local agency" shall include those entities listed in Section
54951 and a public entity created pursuant to the Joint Exercise
of Powers Act (Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1) by one or more entities listed in Section
54951, but "local agency" shall not include a county
superintendent ofschools, a school district, or a community college
district.
(3) "Nonprofit organization " means an entity incorporated
under the Nonprofit Corporation Law (Division 2 (commencing
with Section 5000) of Title I of the Corporations Code) or a
nonprofit organization that qualifies for exempt status under
Section 115 or 501(c), excluding Section 501(c) (3), of the Internal
Revenue Code of 1986
(4) "Public resources" means any property or asset owned by
a local agency, including, but not limited to, cash, land, buildings,
facilities, funds, equipment, supplies, telephones, computers,
vehicles, travel, and local government compensated time that is
provided to a nonprofit organization.
(5) "Use " means a use of public resources from one or more
local agencies that is substantial enough to result in a gain or
advantage to the user or a loss to any local agency for which any
monetary value may be estimated.
(c) This section does not prohibit the use of public resources
for providing information to the public about the possible effects
of any bond issuance or other ballot measure on state activities,
96
5 — SB 594
1 operations, or policies, provided that the informational activities
2 are otherwise authorized by the California Constitution or the
3 laws of this state, and the information provided constitutes a fair
4 and impartial presentation of relevant facts to aid the electorate
5 in reaching an informed judgment regarding the bond issue or
6 ballot measure.
7 (d) (1) Any nonprofit organization that intentionally or
8 negligently violates this section is liable for a civil penalty not to
9 exceed one thousand dollars ($1,000) for each day on which a
10 violation occurs, plus three times the value of the unlawful use of
11 public resources. The penalty shall be assessed and recovered in
12 a civil action brought in the name of the people of the State of
13 California by the Attorney General or by any district attorney or
14 any city attorney of a city having a population in excess of 750, 000.
15 If two or more nonprofit organizations are responsible for a
16 violation, they shall be jointly and severally liable for the penalty.
17 If the action is brought by the Attorney General, the moneys
18 recovered shall be paid into the General Fund. If the action is
19 brought by a district attorney, the moneys recovered shall be paid
20 to the treasurer of the county in which the judgment was entered.
21 If the action is brought by a city attorney, the moneys recovered
22 shall be paid to the treasury of that city.
23 (2) A civil action alleging a violation of this section shall not
24 be commenced more than four years after the date of the alleged
25 violation.
26 SEC. 2. Section 8314.2 is added to the Government Code, to
27 read:
28 8314.2. (a) An auditable nonprofit organization that engages
29 in campaign activity, either directly or through the control of
30 another entity, shall deposit into a separate bank account all
31 speck source or sources of funds received and shall pay for all
32 campaign activity from that separate bank account.
33 (b) For purposes of this section:
34 (1) "Auditable nonprofit organization " means a nonprofit
35 organization for which public resources from one or more local
36 agencies account for more than 20 percent of the organization's
37 annual gross revenue in the current fiscal year or either of the
38 previous two fiscal years, including gross revenue from public
39 resources received in exchange for consideration.
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SB 594
1 (2) "Speck source or sources of funds "shall mean any funds
2 received by the auditable nonprofit organization that have been
3 designated for campaign activity use or any other funds received
4 by the nonprofit organization, including, but not limited to, funds
5 received in exchange for consideration, that are used, in whole or
6 in part, within a two-year period from receipt for campaign
7 activity.
8 (3) Unless otherwise defined herein, the definitions found in
9 subdivision (b) of Section 8314.1 shall apply to this section.
10 (c) Fifteen days after the end of each quarter, beginning with
11 the first quarter of each odd year through the fourth quarter of
12 the following even year, an auditable nonprofit organization that
13 engages in campaign activity, either directly or through the control
14 of another entity, at any point during that quarter shall disclose
15 the following information for that quarter:
16 (1) The name and amount of each speck source or sources of
17 funds used for campaign activity, provided that the aggregate
18 amount of funds received since January I of the most recent odd
19 year by an auditable nonprofit corporation from that speck
20 source or sources of funds is at least two hundred fifty dollars
21 ($250).
22 (2) The name of the payee and amount of all payments
23 aggregating two hundred fifty dollars ($250) or more made from
24 the single bank account required under subdivision (a).
25 (3) A description of each campaign activity.
26 (d) Fifteen days after the end of each even year, an auditable
27 nonprofit organization that engages in campaign activity, either
28 directly or through the control of another entity, at any point during
29 that even year or the prior odd year shall disclose all the following
30 information for those two calendar years:
31 (1) The name and amount of any speck source or sources of
32 funds used for campaign activity, provided that the aggregate
33 amount of funds received since January I of the most recent odd
34 year by an auditable nonprofit corporation from that speck
35 source or sources of funds is at least two hundred fifty dollars
36 ($250).
37 (2) The name of the payee and amount of all payments made
38 from the single bank account required under subdivision (a).
39 (3) A description of each campaign activity.
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— 7 — SB 594
1 (e) Each auditable nonprofit organization that engages in
2 campaign activity, either directly or through the control of another
3 entity, shall display on its Internet Web site the information it is
4 required to disclose under this section. The information shall be
5 clearly described and identified on a separate Internet Web page,
6 which shall be linked from the home page of the organization's
7 Internet Web site. The link to this Internet Web page from the home
8 page shall be as visible as all similar links.
9 (fi The Attorney General shall conduct a biennial audit of each
10 auditable nonprofit organization. Each auditable nonprofit
11 organization shall provide records to the Attorney General that
12 substantiate the information required to be disclosed by this
13 section. The audit shall determine whether the organization
14 complied with the requirements of Sections 8314.1 and this section.
15 The Attorney General shall issue a written audit report and
16 transmit it to the district attorney for the county in which the
17 auditable nonprofit organization is domiciled.
18 (g) If the audit determines that an auditable nonprofit
19 organization has violated Section 8314.1 or this section, the
20 Attorney General may impose a fine upon the auditable nonprofit
21 organization in an amount up to ten thousand dollars($10, 000)
22 for each violation.
23 SEC. 3. Section 54964.5 is added to the Government Code, to
24 read:
25 54964.5. (a) An officer, employee, or agent of a nonprofit
26 organization may not expend or authorize the expenditure of any
27 public resources from any local agency to support or oppose the
28 approval or rejection of a ballot measure or the election or defeat
29 of a candidate by the voters.
30 (b) As used in this section, the following terms shall have the
31 following meanings:
32 (1) "Ballot measure" means a state or local initiative,
33 referendum, or recall measure certified to appear on a regular or
34 special election ballot.
35 (2) "Candidate " means an individual who has qualified to have
36 his or her name listed on the ballot, or who has qualified to have
37 write-in votes on his or her behalf counted by elections officials,
38 for nomination or election to an elective office at any regular or
39 special primary or general election, and includes any officeholder
40 who is the subject of a recall election.
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SB 594
—8-
1 (3) "Expenditure" means a payment that is used for
2 communications that expressly advocate the approval or rejection
3 of a clearly identified ballot measure, or the election or defeat of
4 a clearly identified candidate, by the voters or that constitutes a
5 campaign contribution.
6 (4) "Local agency" shall include those entities listed in Section
7 54951 and a public entity created pursuant to the Joint Exercise
8 of Powers Act (Chapter 5 (commencing with Section 6500) of
9 Division 7 of Title 1) by one or more entities listed in Section
10 54951, but "local agency" shall not include a county
11 superintendent of schools, an elementary school, high school, or
12 unified school district, or a community college district.
13 (5) "Nonprofit organization" means any entity incorporated
14 under the Nonprofit Corporation Law (Division 2 (commencing
15 with Section 5000) of Title I of the Corporations Code) or a
16 nonprofit organization that quakes for exempt status under
17 Section 115 or 501(c), excluding 501(c)(3), of the Internal Revenue
18 Code of 1986.
19 (6) "Public resources" means any property or asset owned by
20 any local agency, including, but not limited to, cash, land,
21 buildings, facilities, funds, equipment, supplies, telephones,
22 computers, vehicles, travel, and local government compensated
23 time that is provided to a nonprofit organization.
24 (c) This section does not prohibit the use of public resources
25 for providing information to the public about the possible effects
26 of any bond issuance or other ballot measure on state activities,
27 operations, or policies, provided that the informational activities
28 are otherwise authorized by the California Constitution or the
29 laws of this state, and the information provided constitutes a fair
30 and impartial presentation of relevant facts to aid the electorate
31 in reaching an informed judgment regarding the bond issue or
32 ballot measure.
33 (d) (1) Any person who intentionally or negligently violates
34 this section is liable for a civil penalty not to exceed one thousand
35 dollars ($1, 000) for each day on which a violation occurs, plus
36 three times the value of the unlawful use of public resources. The
37 penalty shall be assessed and recovered in a civil action brought
38 in the name of the people of the State of California by the Attorney
39 General or by any district attorney or any city attorney of a city
40 having a population in excess of 750, 000. If two or more persons
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— 9 — SB 594
1 are responsible for any violation, they shall be jointly and severally
2 liable for the penalty. If the action is brought by the Attorney
3 General, the moneys recovered shall be paid into the General
4 Fund. If the action is brought by a district attorney, the moneys
5 recovered shall be paid to the treasurer of the county in which the
6 judgment was entered. If the action is brought by a city attorney,
7 the moneys recovered shall be paid to the treasury of that city.
8 (2) A civil action alleging a violation of this section shall not
9 be commenced more than four years after the date of the alleged
10 violation.
11
12 ,
13 Ftmd in the 2013 14 fiseal year to the E3areer Pathvfays St
14 Revolving Fund. The sottree of F�nds for that appropriatiott may
15
16
17 derived Frotn reforms to the Enterprise Zone Aet (Ghapter
18 (eotmnetteing with Seetion 7070) of Division 7 of Title 1 of
19 .
20 SEe. 2. Part 38 (eo -ith Seetiott 64200) is added -to
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30 hasten that reeovtry is to imest itt the development of a skilled
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SB 594 —10-
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(B)
Applieants that have
entered into a eofftraet
or memor
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Seetiott
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6 equal to that alloeated to a qualified taxpayer by the Galifo
7 eareer Pathways investment Committee ptmtiant to Seetiott 64206
• of Edtteation
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