BILL ANALYSIS Ó
AB 1050
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Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
1050 (Low) - As Amended April 21, 2015
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|Committee: |Administrative Review | | |
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill requires a charitable organization seeking to
participate in the employees' charitable giving program to
certify to the program administrator, the Victims Compensation
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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.
It further 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.
FISCAL EFFECT:
1)Minor, likely absorbable costs to the Board (special funds) to
modify its application forms and update regulations.
2)Minor costs to the Board (special funds) to receive and
process written nondiscrimination policies or statements.
Staff notes that the Board has moved to a fully automated and
electronic application process, and that accepting paper
statements from 3,000 applicants burdens their existing
process.
COMMENTS:
1)Purpose. 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. 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
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existing civil rights and nondiscrimination laws.
2)Background. The "Our Promise: California State Employees
Giving at Work" program is a fundraising drive coordinated by
the Board 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's 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,
and further requires organizations to provide a written
statement to the Board indicating their compliance with the
state's existing civil rights and nondiscrimination laws.
Analysis Prepared by:Jennifer Swenson / APPR. / (916)
AB 1050
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319-2081