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MO 1998-031 to 1998-035
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MO 1998-031 to 1998-035
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Minute Order
Document Date (6)
12/31/1998
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Analysis by the Legislative Analyst <br />Background <br />Payroll Deductions. Employers make a variety of <br />payroll deductions from their employees' wages, such as <br />deductions for Social Security, income taxes, medical <br />plans, and charitable contributions. The deductions are <br />sent to various organizations, businesses, and <br />governments. Existing law does not require employers to <br />identify how the organizations will use the monies. <br />Political Contributions from Labor Unions. <br />Many workers in California belong to labor unions. In <br />addition, many workers who do not .belong to a union <br />work for a business or organization in which a union <br />provides collective bargaining and representation for all <br />of the employees, both union members and nonmembers. <br />Workers who are represented by unions pay dues or <br />fees to the unions. In most cases, such dues or fees are <br />automatically deducted by the employer from the <br />workers' wages and sent to the union. The union may use <br />some of the dues or fees for political activities. A union <br />member may request that his or her dues or fees not be <br />used for political activities, although there is no legal <br />requirement that the union honor. the request. If 'a <br />nonunion member requests that the fees not be used for <br />itical activities, the .union must comply with the <br />uest. <br />;ampaign Contributions by Foreign Interests. <br />currently, federal law prohibits a foreign national from <br />making a contribution to or expenditure for a federal, <br />state, or local .election campaign for a candidate for public <br />office. A foreign national includes a foreign government, <br />certain foreign businesses and organizations, and any <br />person who is not a citizen or lawful permanent resident <br />of the United States. Federal law also prohibits a person <br />from accepting a campaign contribution from a .foreign <br />national. <br />. In addition, state law prohibits a foreign/government <br />or business, or a person outside of the U.S. 4vho is not a <br />U.S. citizen, from making a contribution or expenditure <br />in connection with a campaign for a state or local ballot <br />measure. State law also prohibits a person or a political <br />campaign committee from soliciting or accepting a <br />contribution for a ballot measure from a foreign <br />government, business, or person outside the U.S. <br />Political Reform Act. California's Political Reform <br />Act of 1974, an initiative adopted by the voters, <br />establishes guidelines and requirements for political <br />candidates and campaigns. The state.'s Fair Political <br />Practices Commission (FPPC) enforces the requirements <br />of the act. <br />Proposal <br />This proposition makes two primary changes to <br />California's Political Reform Act of 1974. First, it <br />-' ablishes new requirements with regard to payroll <br />luctions for political activities. Second, it establishes <br />in state law a provision similar to federal law prohibiting <br />campaign contributions from a foreign national for a <br />candidate for public office. <br />Payroll Deductions for Political Activities. This <br />proposition requires that, in order for an employer to <br />deduct money from an employee's wages that the <br />employer knows or has reason to know will be used for <br />political campaign activities, the employer must have a <br />signed form from the employee each year authorizing the <br />deduction. These requirements apply to both private and <br />government employers. <br />The measure also requires that, in order for a labor <br />union to use'a portion of the dues or fees it collects for <br />political campaign activities, the union must have a <br />signed form from the worker each year authorizing the <br />use of the money for those activities. <br />The proposition requires that employers and labor <br />unions keep certain records, including a copy of the <br />authorization form. <br />Campaign Contributions by Foreign Nationals. <br />Similar to existing federal law, this measure makes it <br />illegal under state law for any person or political <br />campaign committee to solicit or accept a campaign <br />contribution for a candidate for public office from a <br />foreign national. <br />Enforcement. A violation of the .provisions of the <br />measure would be punishable by the existing criminal <br />and civil penalties established in the Political Reform Act <br />of 1974. The FPPC would be responsible for enforcement. <br />Fiscal Effect <br />The proposition would result in additional costs to the <br />state and local governments in two areas. <br />First, the measure would result in state costs to the <br />FPPC to enforce its provisions. The costs could be offset <br />in part by fines imposed by the FPPC for violations of the <br />measure. The net costs are unknown, but probably are <br />not major. <br />Second, the proposition could result in additional <br />administrative costs to the state and local governments <br />to review payroll deductions of their employees and to <br />keep additional records. The extent of these costs would <br />probably depend on the regulations developed by the <br />FPPC. The State Controller's Office estimates that its <br />annual administrative costs would be up to about $2 <br />million, with one-time costs in the range of $2 million to <br />$5 million. These costs would be offset by fees paid by the <br />businesses, organizations, and unions that receive the <br />monies that are deducted from employee wages, thereby <br />resulting in no net administrative costs to the state. <br />Local governments could incur the same type of <br />administrative costs. The costs to local governments are <br />unknown, but are probably not major, and could be offset <br />by fees. <br />For the text of Proposition 226 see page 73 <br />a- <br />V96 <br />
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