BILL ANALYSIS Ó
AB 1050
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Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON ACCOUNTABILITY AND ADMINISTRATIVE REVIEW
Rudy Salas, Chair
AB 1050
(Low) - As Amended April 21, 2015
SUBJECT: State employees: charitable deductions
SUMMARY: Requires a charitable organization seeking to
participate in the state employees' charitable giving program
(program) to provide a statement to the program administrator
certifying that it complies with existing civil rights and
nondiscrimination laws. Specifically, this bill:
1)Requires a charitable organization seeking to participate in
the program to certify to the program administrator, the
Victims Compensation and Government Claims Board (Board),
under penalty of perjury that it complies with the state's
existing civil rights and nondiscrimination statutes, as a
condition of approval from the Board.
2)Requires the charitable organization to provide the Board with
its written nondiscrimination policy or, if it does not have
one, a written statement indicating that it complies with the
state's existing civil rights laws.
EXISTING LAW:
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1)Authorizes, in the Government Code, payroll deductions from
state employees for an annual charitable fund drive and gives
the Board responsibility to develop the necessary rules and
regulations to carry out the program.
2)Requires every state employee to receive an approved list of
charitable organizations, a payroll deduction form, and a
designation form.
3)Establishes a process and standards for use by the Board in
approving donor organizations, including a requirement for an
organization to certify to the Board under penalty of perjury
that it complies with the California Fair Employment and
Housing Act (FEHA).
4)Generally prohibits, under the Unruh Civil Rights Act,
business establishments from discriminating on the basis of
sex, race, color, religion, ancestry, national origin,
disability, or medical condition, marital status, or sexual
orientation and provides civil remedies for violations of its
provisions.
5)Prohibits, under FEHA, workplace and housing discrimination or
harassment against any person on the basis of age, ancestry,
color, religion, familial status, disability, marital status,
medical condition, military and veteran status, national
origin, race, sex, gender, and sexual orientation.
FISCAL EFFECT: Unknown
COMMENTS: The "Our Promise: California State Employees Giving
at Work" program is a fundraising drive coordinated by the Board
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that allows state employees to direct regular contributions from
their paychecks to participating charities. According to the
Board, approximately 35,000 to 40,000 state employees
participate in the program annually and provide donations
averaging about $6.5 million per year to nearly 3,000 designated
charities.
To qualify as a designated charity in the program, an
organization must submit an electronic application to the Board,
register as a non-profit 501(c)(3) organization, and certify
under penalty of perjury that it complies with FEHA. The Board
can disqualify any organization if it fails to comply with these
requirements or files an application containing false or
intentionally misleading information.
Currently, the Board verifies an organization tax-exempt status
and the organization self-certifies its compliance with FEHA in
the application process. This bill would additionally require a
charity to self-certify its compliance with the state's existing
civil rights laws under penalty of perjury. It would also
require organizations to provide a written statement to the
Board indicating their compliance with the state's existing
civil rights and nondiscrimination laws.
The author argues that, although the organizations in the
program are vetted and approved by the Board based on their
tax-exempt status and FEHA compliance, there are still
organizations approved that do not fully abide by the state's
nondiscrimination statutes. For example, the author cites the
Boy Scouts of America which had, until recently, denied
membership to youth on the basis of sexual orientation. The
author states that, because the charities in this program are
supported by state employee contributions, they should be held
to the same standard of inclusiveness that is reflected in the
state's existing civil rights and nondiscrimination laws.
According to the author, this bill is intended to bring more
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transparency to the program's donor approval process.
REGISTERED SUPPORT / OPPOSITION:
Support
Equality California (sponsor)
Anti-Defamation League
Gay-Straight Alliance Network of California
Gender Health Center
LGBT Community Center of the Desert
Opposition
None on file
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Analysis Prepared by:Cassie Royce / A. & A.R. / (916) 319-3600