Amended in Senate February 10, 2016

Amended in Senate July 7, 2015

Amended in Assembly April 21, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1050

Introduced by Assembly Member Low

(Coauthor: Senator Leno)

February 26, 2015

An act to amend Section begin delete 13923 of the Government Code, end delete begin insert 143.1 of the Labor Code, end insert relating to begin delete state employees. end delete begin insert employment safety. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1050, as amended, Low. begin delete State employees: charitable deductions. end delete begin insert Occupational safety and health: permanent variances. end insert

begin insert

Existing law establishes the Occupational Safety and Health Standards Board in the Department of Industrial Relations and authorizes the board to adopt, amend, or repeal employment safety and health standards and orders. Existing law authorizes the board, upon the application of an employer, to grant a permanent variance from an occupational standard or order after specified notice and hearing requirements regarding employees or employee representatives are met.

end insert begin insert

This bill would, when the request for a permanent variance pertains to a conveyance covered by the elevator safety orders, require the applicant to provide the required notice regarding the hearing to the local union representing elevator workers and to those workers who will be performing the tasks pursuant to the proposed variance, or their authorized representative. The bill would grant party status at the hearing to those workers or their authorized representative upon their request to the board.

end insert begin delete

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.

end delete begin delete

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 the board, in electronic format, 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.

end delete begin delete

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 delete begin delete

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 yes end delete begin insert no end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 143.1 of the end insert begin insert Labor Code end insert begin insert is amended to
read: end insert

143.1.  

begin insert (a) end insert begin insert   end insert The board shall conduct hearings on such requests
for a permanent variance after employees or employee
representatives are properly notified and given an opportunity to
appear. begin delete All end delete

begin insert (b) end insert begin insert   end insert begin insert If a request for a permanent variance pertains to a
conveyance covered by the elevator safety orders, the applicant
shall notify the union representing elevator workers in the region
where the building is being constructed or modified and to those
workers who will be performing the tasks pursuant to the proposed
variance, or their authorized representative, pursuant to the
requirements of subdivision (a). These workers, or their authorized
representative, shall be granted party status upon request to the
board. end insert

begin insert (c) end insert begin insert   end insert begin insert All end insert board decisions on permanent variance requests shall be
final except for any rehearing or judicial review provided for by
law.

begin delete

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
both Section 51 of the Civil Code and the Fair Employment and
Housing Act (Part 2.8 (commencing with Section 12900)) as a
condition of receiving these designated deductions.

(2) As part of the certification process, the charitable
organization shall provide to the board, in an electronic format,
either the written nondiscrimination policy of the organization or
a written statement to indicate that the organization does not have
a written nondiscrimination policy, but otherwise complies with
Section 51 of the Civil Code.

(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.

SEC. 2.  

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.

end delete