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 additionally require the charitable organization to certify under penalty of perjury that it is in compliance with the Unruh Civil Rights Act. The
bill would require the charitable organization to provide thebegin delete board withend deletebegin insert board, in electronic format,end insert a written nondiscrimination 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.
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.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 13923 of the Government Code is
2amended to read:
(a) The board may approve plans for payroll deduction
4from the salaries or wages of state officers and employees under
5subdivision (f) of Section 1151 for charitable contributions to the
6agency handling the principal combined fund drive in any area.
7The board shall establish necessary rules and regulations, including
8the following:
9(1) Standards for establishing what constitutes the principal
10combined fund drive in an area.
11(2) A requirement that the agency to receive these contributions
12shall pay, for deposit in the General Fund, the additional cost to
13the state of making these deductions
and remitting the proceeds,
14as determined by the Controller.
15(3) A requirement that the agency to receive these contributions
16shall pay, for deposit in the General Fund, the board’s cost to
17administer the annual charitable campaign fund drive. This amount
18shall be determined by the board and may be appropriated in
19support of the board as reimbursements to Item 8700-001-0001 of
20the annual Budget Act.
21(4) Provisions for standard amounts of deductions from which
22each state officer or employee may select the contribution that he
23or she desires to make, if any.
24(5) A prohibition upon state officers or employees authorizing
25more than one payroll deduction for charitable purposes to be in
26effect at the same time.
P3 1(6) A provision authorizing the Controller to combine in his or
2her records deductions for employee association dues, if authorized,
3and charitable deductions, if authorized.
4(b) The board, in addition, may approve requests of any
5charitable organization qualified as an exempt organization under
6Section 23701d of the Revenue and Taxation Code, and Section
7501(c)(3), of the Internal Revenue Code that is not an affiliated
8member beneficiary of the principal combined fund drive to receive
9designated deductions from the principal fund drive.
10(c) (1) The principal combined fund drive agency, any
11charitable organization that is an affiliated member beneficiary of
12the principal combined fund drive, and any
charitable organization
13approved by the board to receive designated deductions on the
14payroll authorization form of the principal fund drive, shall certify
15under penalty of perjury to the board that it is in compliance with
16both Section 51 of the Civil Code and the Fair Employment and
17Housing Act (Part 2.8 (commencing with Section 12900)) as a
18condition of receiving these designated deductions.
19(2) begin deleteThe end deletebegin insertAs part of the certification process, the end insertcharitable
20organization shall providebegin insert toend insert thebegin delete board withend deletebegin insert
board, in an electronic
21format,end insert either the written nondiscrimination policy of the
22
organization or a written statement to indicate that the organization
23does not have a written nondiscrimination policy, but otherwise
24complies with Sectionbegin delete 51.end deletebegin insert 51 of the Civil Code.end insert
25(d) The principal combined fund drive shall obtain from the
26board the list of approved nonaffiliated beneficiaries, eligible for
27designated deductions in its approved drive area, and shall provide
28this information to each employee at the time of the principal fund
29drive. The principal combined drive agency shall provide a
30designation form for the employee to indicate those amounts to
31be contributed to affiliated and nonaffiliated beneficiaries. The
32designation form shall consist of
a copy for each of the following:
33(1) the employee, (2) the employee’s designated beneficiary
34agency, and (3) the principal combined fund drive agency. The
35principal combined fund drive agency shall pay the amount
36collected for the employee designated beneficiary agency less the
37amount necessary to reimburse the principal combined fund drive
38agency for fundraising and administrative expenses. The fee
39charged for fundraising and administrative cost reimbursement
P4 1shall be determined by the board, published in campaign literature
2and made available to the employee during the solicitation process.
3(e) Nothing contained in this section shall preclude a principal
4fund drive agency from giving a percentage of the undesignated
5funds to charities that are not members of the agency handling the
6principal drive, or honoring an employee’s designated
deduction
7to any charitable organization.
No reimbursement is required by this act pursuant to
9Section 6 of Article XIII B of the California Constitution because
10the only costs that may be incurred by a local agency or school
11district will be incurred because this act creates a new crime or
12infraction, eliminates a crime or infraction, or changes the penalty
13for a crime or infraction, within the meaning of Section 17556 of
14the Government Code, or changes the definition of a crime within
15the meaning of Section 6 of Article XIII B of the California
16Constitution.
O
97