Amended in Assembly April 21, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1050

Introduced by Assembly Member Low

February 26, 2015

An act to amend Section 13923 of the Government Code, relating to state employees.

LEGISLATIVE COUNSEL’S DIGEST

AB 1050, as amended, Low. State employees: charitable deductions.

Existing law authorizes the California Victim Compensation and Government Claims Board to approve plans for payroll deduction from the salaries or wages of state officers and employees for charitable contributions to the agency handling the principal combined fund drive in any area. Existing law also authorizes the board to approve requests of charitable organizations to receive designated deductions if the charitable organization qualifies as an exempt organization under both state and federal income tax laws. Existing law requires a charitable organization approved by the board to certify under penalty of perjury that it is in compliance with the Fair Employment and Housing Act.

This bill would begin insert additionally end insert require the charitable organization to begin delete annually end delete begin insert certify under penalty of perjury that it is in compliance with the Unruh Civil Rights Act. The bill would require the charitable organization to end insert provide the board with a written nondiscrimination begin delete policy. end delete begin insert policy or statement that it does not have one, but otherwise complies with the Unruh Civil Rights Act. By expanding the definition of a crime, this bill would impose a state-mandated local program. end insert

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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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

SECTION 1.  

Section 13923 of the Government Code is
amended to read:

13923.  

(a) The board may approve plans for payroll deduction
from the salaries or wages of state officers and employees under
subdivision (f) of Section 1151 for charitable contributions to the
agency handling the principal combined fund drive in any area.
The board shall establish necessary rules and regulations, including
the following:

(1) Standards for establishing what constitutes the principal
combined fund drive in an area.

(2) A requirement that the agency to receive these contributions
shall pay, for deposit in the General Fund, the additional cost to
the state of making these deductions and remitting the proceeds,
as determined by the Controller.

(3) A requirement that the agency to receive these contributions
shall pay, for deposit in the General Fund, the board’s cost to
administer the annual charitable campaign fund drive. This amount
shall be determined by the board and may be appropriated in
support of the board as reimbursements to Item 8700-001-0001 of
the annual Budget Act.

(4) Provisions for standard amounts of deductions from which
each state officer or employee may select the contribution that he
or she desires to make, if any.

(5) A prohibition upon state officers or employees authorizing
more than one payroll deduction for charitable purposes to be in
effect at the same time.

(6) A provision authorizing the Controller to combine in his or
her records deductions for employee association dues, if authorized,
and charitable deductions, if authorized.

(b) The board, in addition, may approve requests of any
charitable organization qualified as an exempt organization under
Section 23701d of the Revenue and Taxation Code, and Section
501(c)(3), of the Internal Revenue Code that is not an affiliated
member beneficiary of the principal combined fund drive to receive
designated deductions from the principal fund drive.

(c) (1) The principal combined fund drive agency, any
charitable organization that is an affiliated member beneficiary of
the principal combined fund drive, and any charitable organization
approved by the board to receive designated deductions on the
payroll authorization form of the principal fund drive, shall certify
under penalty of perjury to the board that it is in compliance with
begin insert both Section 51 of the Civil Code and end insert the Fair Employment and
Housing begin delete Act, Part end delete begin insert Act (Part end insert 2.8 (commencing with Section begin delete 12900), end delete
begin insert 12900)) end insert as a condition of receiving these designated deductions.

(2) The charitable organization shall begin delete annually end delete provide the board
with begin insert either end insert the written nondiscrimination policy of the begin delete organization. end delete
begin insert organization or end insert begin insert a written statement to indicate that the
organization does not have a written nondiscrimination policy,
but otherwise complies with Section 51. end insert

(d) The principal combined fund drive shall obtain from the
board the list of approved nonaffiliated beneficiaries, eligible for
designated deductions in its approved drive area, and shall provide
this information to each employee at the time of the principal fund
drive. The principal combined drive agency shall provide a
designation form for the employee to indicate those amounts to
be contributed to affiliated and nonaffiliated beneficiaries. The
designation form shall consist of a copy for each of the following:
(1) the employee, (2) the employee’s designated beneficiary
agency, and (3) the principal combined fund drive agency. The
principal combined fund drive agency shall pay the amount
collected for the employee designated beneficiary agency less the
amount necessary to reimburse the principal combined fund drive
agency for fundraising and administrative expenses. The fee
charged for fundraising and administrative cost reimbursement
shall be determined by the board, published in campaign literature
and made available to the employee during the solicitation process.

(e) Nothing contained in this section shall preclude a principal
fund drive agency from giving a percentage of the undesignated
funds to charities that are not members of the agency handling the
principal drive, or honoring an employee’s designated deduction
to any charitable organization.

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begin insert SEC. 2. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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