Amended in Senate January 6, 2014

Amended in Senate May 24, 2013

Senate Bill No. 761

Introduced by Senator DeSaulnier

February 22, 2013

An act to amend Section begin delete 3301 of the Unemployment Insurance Code, relating to disability insurance end delete begin insert 18897 of the Revenue and Taxation Code, relating to taxation end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 761, as amended, DeSaulnier. begin delete Family temporary disability insurance. end delete begin insert Personal income taxes: voluntary contributions: School Supplies for Homeless Children Fund. end insert

begin insert

The Personal Income Tax Law authorizes an individual to contribute amounts in excess of his or her tax liability for the support of specified funds, including the School Supplies for Homeless Children Fund. Existing law requires the moneys deposited in the School Supplies for Homeless Children Fund to be allocated, upon appropriation by the Legislature, to the State Department of Education for the sole purpose of assisting pupils in California pursuant to the federal McKinney-Vento Homeless Assistance Act by providing school supplies and health-related products to homeless children through competitive grant programs, as provided.

end insert begin insert

This bill would instead require the same moneys, upon appropriation by the Legislature, to be allocated to the State Department of Education for distribution to a single nonprofit organization, exempt from taxation, for the sole purpose of assisting pupils in California pursuant to the federal McKinney-Vento Homeless Assistance Act by providing grants of school supplies and health-related products to partnering learning education agencies, as provided.

end insert begin delete

Existing law provides that there is a family temporary disability insurance program to provide up to 6 weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, or domestic partner, or to bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption.

end delete begin delete

This bill would provide that it is unlawful for an employer or agent of an employer to discharge or in any other manner to discriminate against an individual because he or she has applied for, used, or indicated an intent to apply for or use, family temporary disability insurance benefits. The bill would provide that an employer who regularly employs 10 or more individuals, or an agent of that employer, that violates these provisions by discriminating against an employee who has been employed by him or her for 90 working days or more shall be liable to the employee affected by the violation for actual damages and appropriate equitable relief, including reinstatement. The bill would also provide that if an employee brings a civil action seeking these remedies and he or she prevails, the court may award the employee reasonable attorney’s fees and costs.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 18897 of the end insert begin insert Revenue and Taxation Code end insert
begin insert is amended to read: end insert

18897.  

begin delete (a) end delete begin delete   end delete All begin delete money end delete begin insert moneys end insert transferred to the School
Supplies for Homeless Children Fund, upon appropriation by the
Legislature, shall be allocated as follows:

begin delete

(1)

end delete

begin insert (a) end insert  To the Franchise Tax begin delete Board, the Controller, and the State
Department of Education end delete begin insert Board and the Controller end insert for
reimbursement of all costs incurred by the Franchise Tax begin delete Board,
the Controller, and the State Department of Education end delete begin insert Board and
the Controller end insert in connection with their duties under this article.

begin delete

(2) To the State Department of Education for the sole purpose
of assisting pupils in California pursuant to the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301
et seq.) by providing school supplies and health-related products
to homeless children through a competitive grant program
developed and awarded by the Superintendent of Public Instruction.

(b)  The Superintendent of Public Instruction shall develop the
competitive grant program applicable to this section, including,
but not limited to, application forms and deadlines, while
considering the most effective, efficient, and widest distribution
of school supplies and health-related products to homeless children.

end delete begin insert

(b) To the State Department of Education as follows:

end insert begin insert

(1) (A) For distribution to a single nonprofit organization
exempt from federal income tax as an organization described in
Section 501(c)(3) of the Internal Revenue Code for the sole purpose
of assisting pupils in California pursuant to the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301
et seq.) by providing school supplies and health-related products
to partnering learning education agencies for distribution to
homeless children, as defined by the federal McKinney-Vento
Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The
nonprofit organization shall provide a minimum 100 percent match
for all funds received from the School Supplies for Homeless
Children Fund.

end insert begin insert

(B) The State Department of Education’s first designation of a
nonprofit organization shall be valid until January 1, 2017. On
that date, and every three calendar years thereafter, while this
section is operative and in effect, the State Department of
Education shall designate the same or a different nonprofit
organization pursuant to this section. The State Department of
Education may revoke the designation should the nonprofit
organization fail to comply with the provisions of this article. If a
designation is revoked, the State Department of Education shall
designate a new nonprofit organization within three calendar
months.

end insert begin insert

(C) Funds shall be distributed by the State Department of
Education only after evidence is presented to the State Department
of Education that demonstrates that the learning education
agencies or domestic violence shelters have received the materials.

end insert begin insert

(2) For reimbursement of all costs incurred by the State
Department of Education in connection with verifying that the
designated nonprofit organization procured school supplies and
health-related products and provided matching funds.

end insert begin insert

(c) (1) Funds distributed to the nonprofit organization pursuant
to this section shall be used only for costs incurred to procure,
assemble, and ship school supplies and health-related products.
Funds made available pursuant to this section shall not be used
for administrative purposes, to reimburse costs associated with
administering grants of school supplies and health-related products
to learning education agencies or domestic violence shelters, or
for any purpose relating to the operation of the nonprofit
organization.

end insert begin insert

(2) The nonprofit organization may provide school supplies and
health-related products to children living in domestic violence
shelters.

end insert

begin delete

SECTION 1.  

Section 3301 of the Unemployment Insurance
Code is amended to read:

3301.  

(a) (1) The purpose of this chapter is to establish, within
the state disability insurance program, a family temporary disability
insurance program. Family temporary disability insurance shall
provide up to six weeks of wage replacement benefits to workers
who take time off work to care for a seriously ill child, spouse,
parent, or domestic partner, or to bond with a minor child within
one year of the birth or placement of the child in connection with
foster care or adoption.

(2) Nothing in this chapter shall be construed to abridge the
rights and responsibilities conveyed under the CFRA or pregnancy
disability leave.

(b) An individual’s “weekly benefit amount” shall be the amount
provided in Section 2655. An individual is eligible to receive
family temporary disability insurance benefits equal to one-seventh
of his or her weekly benefit amount for each full day during which
he or she is unable to work due to caring for a seriously ill or
injured family member or bonding with a minor child within one
year of the birth or placement of the child in connection with foster
care or adoption.

(c) The maximum amount payable to an individual during any
disability benefit period for family temporary disability insurance
shall be six times his or her “weekly benefit amount,” but in no
case shall the total amount of benefits payable be more than the
total wages paid to the individual during his or her disability base
period. If the benefit is not a multiple of one dollar ($1), it shall
be computed to the next higher multiple of one dollar ($1).

(d) No more than six weeks of family temporary disability
insurance benefits shall be paid within any 12-month period.

(e) An individual shall file a claim for family temporary
disability insurance benefits not later than the 41st consecutive
day following the first compensable day with respect to which the
claim is made for benefits, which time shall be extended by the
department upon a showing of good cause. If a first claim is not
complete, the claim form shall be returned to the claimant for
completion and it shall be completed and returned not later than
the 10th consecutive day after the date it was mailed by the
department to the claimant, except that such time shall be extended
by the department upon a showing of good cause.

(f) An employer who regularly employs 10 or more individuals,
or an agent of that employer, that discharges or in any other manner
discriminates against an employee who has been employed by him
or her for 90 working days or more because the employee has
applied for, used, or indicated an intent to apply for or use, family
temporary disability insurance benefits under this section shall be
liable to an employee affected by the unlawful violation for actual
damages and appropriate equitable relief, including reinstatement.
An employee may bring a civil action seeking these remedies in
a court of competent jurisdiction. If the employee prevails in the
action, the court may award the employee reasonable attorney’s
fees and costs.

end delete