BILL NUMBER: SB 761 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 6, 2014
AMENDED IN SENATE MAY 24, 2013
INTRODUCED BY Senator DeSaulnier
FEBRUARY 22, 2013
An act to amend Section 3301 of the Unemployment
Insurance Code, relating to disability insurance 18897
of the Revenue and Taxation Code, relating to taxation .
LEGISLATIVE COUNSEL'S DIGEST
SB 761, as amended, DeSaulnier. Family temporary
disability insurance. Personal income taxes: voluntary
contributions: School Supplies for Homeless Children Fund.
The Personal Income Tax Law authorizes an individual to contribute
amounts in excess of his or her tax liability for the support of
specified funds, including the School Supplies for Homeless Children
Fund. Existing law requires the moneys deposited in the School
Supplies for Homeless Children Fund to be allocated, upon
appropriation by the Legislature, to the State Department of
Education for the sole purpose of assisting pupils in California
pursuant to the federal McKinney-Vento Homeless Assistance Act by
providing school supplies and health-related products to homeless
children through competitive grant programs, as provided.
This bill would instead require the same moneys, upon
appropriation by the Legislature, to be allocated to the State
Department of Education for distribution to a single nonprofit
organization, exempt from taxation, for the sole purpose of assisting
pupils in California pursuant to the federal McKinney-Vento Homeless
Assistance Act by providing grants of school supplies and
health-related products to partnering learning education agencies, as
provided.
Existing law provides that there is a family temporary disability
insurance program to provide up to 6 weeks of wage replacement
benefits to workers who take time off work to care for a seriously
ill child, spouse, parent, or domestic partner, or to bond with a
minor child within one year of the birth or placement of the child in
connection with foster care or adoption.
This bill would provide that it is unlawful for an employer or
agent of an employer to discharge or in any other manner to
discriminate against an individual because he or she has applied for,
used, or indicated an intent to apply for or use, family temporary
disability insurance benefits. The bill would provide that an
employer who regularly employs 10 or more individuals, or an agent of
that employer, that violates these provisions by discriminating
against an employee who has been employed by him or her for 90
working days or more shall be liable to the employee affected by the
violation for actual damages and appropriate equitable relief,
including reinstatement. The bill would also provide that if an
employee brings a civil action seeking these remedies and he or she
prevails, the court may award the employee reasonable attorney's fees
and costs.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 18897 of the Revenue
and Taxation Code is amended to read:
18897. (a) All
money moneys transferred to the School Supplies
for Homeless Children Fund, upon appropriation by the Legislature,
shall be allocated as follows:
(1)
(a) To the Franchise Tax Board, the
Controller, and the State Department of Education
Board and the Controller for reimbursement of all costs
incurred by the Franchise Tax Board, the Controller, and the
State Department of Education Board and the
Controller in connection with their duties under this article.
(2) To the State Department of Education for the sole purpose of
assisting pupils in California pursuant to the federal McKinney-Vento
Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) by providing
school supplies and health-related products to homeless children
through a competitive grant program developed and awarded by the
Superintendent of Public Instruction.
(b) The Superintendent of Public Instruction shall develop the
competitive grant program applicable to this section, including, but
not limited to, application forms and deadlines, while considering
the most effective, efficient, and widest distribution of school
supplies and health-related products to homeless children.
(b) To the State Department of Education as follows:
(1) (A) For distribution to a single nonprofit organization exempt
from federal income tax as an organization described in Section 501
(c)(3) of the Internal Revenue Code for the sole purpose of assisting
pupils in California pursuant to the federal McKinney-Vento Homeless
Assistance Act (42 U.S.C. Sec. 11301 et seq.) by providing school
supplies and health-related products to partnering learning education
agencies for distribution to homeless children, as defined by the
federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301
et seq.). The nonprofit organization shall provide a minimum 100
percent match for all funds received from the School Supplies for
Homeless Children Fund.
(B) The State Department of Education's first designation of a
nonprofit organization shall be valid until January 1, 2017. On that
date, and every three calendar years thereafter, while this section
is operative and in effect, the State Department of Education shall
designate the same or a different nonprofit organization pursuant to
this section. The State Department of Education may revoke the
designation should the nonprofit organization fail to comply with the
provisions of this article. If a designation is revoked, the State
Department of Education shall designate a new nonprofit organization
within three calendar months.
(C) Funds shall be distributed by the State Department of
Education only after evidence is presented to the State Department of
Education that demonstrates that the learning education agencies or
domestic violence shelters have received the materials.
(2) For reimbursement of all costs incurred by the State
Department of Education in connection with verifying that the
designated nonprofit organization procured school supplies and
health-related products and provided matching funds.
(c) (1) Funds distributed to the nonprofit organization pursuant
to this section shall be used only for costs incurred to procure,
assemble, and ship school supplies and health-related products. Funds
made available pursuant to this section shall not be used for
administrative purposes, to reimburse costs associated with
administering grants of school supplies and health-related products
to learning education agencies or domestic violence shelters, or for
any purpose relating to the operation of the nonprofit organization.
(2) The nonprofit organization may provide school supplies and
health-related products to children living in domestic violence
shelters.
SECTION 1. Section 3301 of the Unemployment
Insurance Code is amended to read:
3301. (a) (1) The purpose of this chapter is to establish, within
the state disability insurance program, a family temporary
disability insurance program. Family temporary disability insurance
shall provide up to six weeks of wage replacement benefits to workers
who take time off work to care for a seriously ill child, spouse,
parent, or domestic partner, or to bond with a minor child within one
year of the birth or placement of the child in connection with
foster care or adoption.
(2) Nothing in this chapter shall be construed to abridge the
rights and responsibilities conveyed under the CFRA or pregnancy
disability leave.
(b) An individual's "weekly benefit amount" shall be the amount
provided in Section 2655. An individual is eligible to receive family
temporary disability insurance benefits equal to one-seventh of his
or her weekly benefit amount for each full day during which he or she
is unable to work due to caring for a seriously ill or injured
family member or bonding with a minor child within one year of the
birth or placement of the child in connection with foster care or
adoption.
(c) The maximum amount payable to an individual during any
disability benefit period for family temporary disability insurance
shall be six times his or her "weekly benefit amount," but in no case
shall the total amount of benefits payable be more than the total
wages paid to the individual during his or her disability base
period. If the benefit is not a multiple of one dollar ($1), it shall
be computed to the next higher multiple of one dollar ($1).
(d) No more than six weeks of family temporary disability
insurance benefits shall be paid within any 12-month period.
(e) An individual shall file a claim for family temporary
disability insurance benefits not later than the 41st consecutive day
following the first compensable day with respect to which the claim
is made for benefits, which time shall be extended by the department
upon a showing of good cause. If a first claim is not complete, the
claim form shall be returned to the claimant for completion and it
shall be completed and returned not later than the 10th consecutive
day after the date it was mailed by the department to the claimant,
except that such time shall be extended by the department upon a
showing of good cause.
(f) An employer who regularly employs 10 or more individuals, or
an agent of that employer, that discharges or in any other manner
discriminates against an employee who has been employed by him or her
for 90 working days or more because the employee has applied for,
used, or indicated an intent to apply for or use, family temporary
disability insurance benefits under this section shall be liable to
an employee affected by the unlawful violation for actual damages and
appropriate equitable relief, including reinstatement. An employee
may bring a civil action seeking these remedies in a court of
competent jurisdiction. If the employee prevails in the action, the
court may award the employee reasonable attorney's fees and costs.