BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1050|
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THIRD READING
Bill No: AB 1050
Author: Low (D), et al.
Amended: 7/7/15 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE: 5-1, 6/23/15
AYES: Jackson, Hertzberg, Leno, Monning, Wieckowski
NOES: Anderson
NO VOTE RECORDED: Moorlach
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 62-7, 5/26/15 - See last page for vote
SUBJECT: State employees: charitable deductions
SOURCE: Equality California
DIGEST: This bill requires a charitable organization seeking
authorization to participate in the state employees' charitable
giving program to also certify under penalty of perjury to the
California Victim Compensation and Government Claims Board
(board) (which oversees the program) that the organization is in
compliance with the Unruh Civil Rights Act (Unruh). This bill
also requires that a charitable organization provide to the
board, in electronic format, as part of the certification
process, either: (1) the written nondiscrimination policy of
the organization; or (2) a written statement to indicate that
the organization does not have a written nondiscrimination
policy, but otherwise complies with Unruh.
ANALYSIS:
AB 1050
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Existing law:
1)Prohibits, under the Fair Employment and Housing Act (FEHA),
discrimination in housing and employment on the basis of race,
religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity,
gender expression, age, sexual orientation, or military and
veteran status.
2)Provides, under Unruh, that all persons in California are free
and equal, and regardless of a person's sex, race, color,
religion, ancestry, national origin, disability, medical
condition, genetic information, marital status, or sexual
orientation, everyone is entitled to the full and equal
accommodations, advantages, facilities, privileges, or
services in all business establishments.
3)Provides authorization under the 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 drive in any area.
4)Permits state employees to authorize deductions from their
wages and salaries for various purposes such as for the
payment of charitable contributions under any plan approved by
the board in accordance with procedures established by the
State Controller.
5)Requires that 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, certify under penalty of perjury to the
board that it is in compliance with FEHA as a condition of
receiving these designated deductions.
This bill:
1)Requires that the above entities also certify under penalty of
perjury that they have complied with Unruh.
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2)Requires, as part of the certification process, that the
charitable organization also 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 Unruh.
3)Makes other technical, nonsubstantive changes.
Background
California law, FEHA and Unruh, prohibit discrimination in
employment, housing, public accommodation, and services provided
by business establishments on the basis of specified personal
characteristics such as sex, race, color, national origin,
religion, and disability. Separately, California law allows for
the board to approve plans for payroll deduction from state
employees' salaries or wages for charitable contributions to the
agency handling the principal combined fund drive in any area.
(Gov. Code Sec. 13923(a).) In accordance with this allowance,
state employees are permitted to authorize deductions to be made
from their salaries or wages for payment of various purposes,
including for the payment of charitable contributions under any
plan approved by the board in accordance with procedures
established by the Controller.
Existing law already requires that 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, certify under penalty of perjury to the
board that it is in compliance with FEHA as a condition of
receiving these designated deductions. This bill now adds that
the principal combined fund drive agency, and specified
charitable organizations, must also certify under penalty of
perjury to the board that it is in compliance with Unruh. This
bill also requires that, as part of the certification process,
the charitable organization provide to the board, in an
electronic format, either: (1) the written nondiscrimination
policy of the organization; or (2) a written statement to
indicate that the organization does not have a written
nondiscrimination policy, but otherwise complies with Unruh.
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Comments
As stated by the author:
The "Our Promise: California State Employees Giving at Work"
is a program administered by the California Victim
Compensation and Government Claims Board. Formerly the
California State Employee Charitable Campaign, the campaign
provides state employees with an annual list of organizations
to which they can make contributions to[,] through the
convenience of payroll deduction.
While the list of organizations are vetted and approved based
on their federal tax-exempt status and compliance to
California Department of Fair Employment and Housing
Regulations, there are still organizations on the list that do
not fully abide by the state's nondiscrimination policy.
An example is the Boy Scouts of America (BSA). In 2012, BSA
denied Ryan Andresen, a California Boy Scout, his Eagle Scout
award because he is openly gay. BSA's exclusion of youth like
Andresen flies in the face of state nondiscrimination law.
Although BSA has since reversed its policy so that no youth
may be denied membership on the basis of sexual orientation,
they continue to maintain its ban on gay adult leaders.
AB 1050 will require charitable organizations participating in
the campaign drive to submit to the board its
nondiscrimination policy as part of its annual application. In
no way does this prohibit employees from making a donation to
an organization like the Boy Scouts nor does it prevent those
donations from being tax-deductible.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified7/6/15)
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Equality California (source)
American Civil Liberties Union
Anti-Defamation League
Gay-Straight Alliance Network of California
Gender Health Center
LGBT Community Center of the Desert
OPPOSITION: (Verified7/6/15)
None received
ASSEMBLY FLOOR: 62-7, 5/26/15
AYES: Achadjian, Alejo, Baker, Bonilla, Bonta, Brown, Burke,
Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper,
Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia,
Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,
Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey,
Levine, Linder, Lopez, Low, Maienschein, McCarty, Medina,
Mullin, Nazarian, Obernolte, O'Donnell, Perea, Quirk, Rendon,
Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark
Stone, Thurmond, Ting, Wagner, Waldron, Weber, Williams, Wood,
Atkins
NOES: Bigelow, Beth Gaines, Gallagher, Grove, Jones, Patterson,
Wilk
NO VOTE RECORDED: Travis Allen, Bloom, Brough, Chávez, Dahle,
Hadley, Harper, Mathis, Mayes, Melendez, Olsen
Prepared by:Ronak Daylami / JUD. / (916) 651-4113
7/7/15 17:17:37
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AB 1050
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