Bill Text: CA SB805 | 2021-2022 | Regular Session | Amended
Bill Title: Small nonprofit performing arts organizations: payroll and paymaster services: grants.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2022-01-27 - Veto sustained. [SB805 Detail]
Download: California-2021-SB805-Amended.html
Amended
IN
Assembly
September 03, 2021 |
Amended
IN
Assembly
June 24, 2021 |
Amended
IN
Senate
May 20, 2021 |
Amended
IN
Senate
April 20, 2021 |
Amended
IN
Senate
March 10, 2021 |
Introduced by Senator Rubio (Principal coauthor: Senator Allen) (Coauthor: Senator Portantino) |
February 19, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
This bill, among other things, would establish the Performing Arts Equitable Payroll Fund, and would require the council, upon appropriation by the Legislature, to establish and administer a grant program using moneys in the fund to award grants for the purpose of enabling small nonprofit performing arts organizations to hire and pay employees at least minimum wage.
The bill would require an organization, as a condition of receiving grant funds, to provide the Arts Council with a certification providing that the funds shall only be used for the purposes of the organization’s compliance with specified statutes regarding the classification of employees and independent contractors. Because the bill would expand the scope of a crime by requiring an organization to make a statement under the penalty of perjury, the bill would impose a state-mandated local program. The bill would require the council to award the grants in amounts according to a specified matching schedule based on the adjusted gross revenue, as defined, of the organization.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions
establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(l)It is also the intent of the Legislature in enacting this measure to fund SNPACs based on their ability to pay for their labor to ensure they can pay all workers minimum wage. To this end, this measure, upon appropriation by the Legislature, creates a schedule of matching funds based on a calculation of the recipient SNPAC’s 3-year average adjusted gross revenue that excludes certain restricted capital expenditure and pass through funds, which cannot be used to pay for a SNPAC’s labor.
(m)
SEC. 2.
Section 8750.5 is added to the Government Code, to read:8750.5.
For purposes of this chapter, the following definitions apply:SEC. 3.
Section 8753.7 is added to the Government Code, to read:8753.7.
(a) Upon appropriation by the Legislature, the council shall establish and administer the California Nonprofit Performing Arts Paymaster program for the purpose of providing low-cost payroll and paymaster services to small nonprofit performing arts organizations.(a)The Performing Arts Equitable Payroll Fund is hereby created in the State Treasury.
(b)Upon appropriation by the Legislature, the council shall establish and administer a grant program using moneys in the fund to award grants for the purpose of enabling small nonprofit performing arts organizations to hire and pay employees at least minimum wage.
(c)As a condition of the receipt of grant funds, a recipient of a grant described in this section shall provide the following information to the Arts Council:
(1)Certification providing that the funds shall only be used for the purposes of an organization's compliance with Chapter 38 of the Statutes of 2020 regarding the classification of employees and independent contractors.
(2)Organizational information, including venue size, budget, and the number of employees and independent contractors.
(d)(1)The council shall award a grant to a small nonprofit performing arts
organization in an amount pursuant to the following matching schedule:
(A)For an organization with adjusted gross revenue of twenty-five thousand dollars ($25,000) or less, the award amount shall be the lesser of four and one-half times the amount the organization contributes to payroll or twenty-five thousand dollars ($25,000).
(B)For an organization with adjusted gross revenue above twenty-five thousand dollars ($25,000) but not more than fifty thousand dollars ($50,000), the award amount shall be the lesser of four and one-half times the amount the organization contributes to payroll or fifty thousand dollars ($50,000).
(C)For an organization with adjusted gross revenue
above fifty thousand dollars ($50,000) but not more than seventy-five thousand dollars ($75,000), the award amount shall be the lesser of four and one-quarter times the amount the organization contributes to payroll or seventy-five thousand dollars ($75,000).
(D)For an organization with adjusted gross revenue above seventy-five thousand dollars ($75,000) but not more than one hundred thousand dollars ($100,000), the award amount shall be the lesser of four and one-quarter times the amount the organization contributes to payroll or one hundred thousand dollars ($100,000).
(E)For an organization with adjusted gross revenue above one hundred thousand dollars ($100,000) but not more than one
hundred fifty thousand dollars ($150,000), the award amount shall be the lesser of four times the amount the organization contributes to payroll or one hundred fifty thousand dollars ($150,000).
(F)For an organization with adjusted gross revenue above one hundred fifty thousand dollars ($150,000) but not more than two hundred thousand dollars ($200,000), the award amount shall be the lesser of four times the amount the organization contributes to payroll or two hundred thousand dollars ($200,000).
(G)For an organization with adjusted gross revenue above two hundred thousand dollars ($200,000) but not more than two hundred fifty thousand dollars ($250,000), the award amount shall be the lesser of four times the amount the organization contributes to payroll or two
hundred fifty thousand dollars ($250,000).
(H)For an organization with adjusted gross revenue above two hundred fifty thousand dollars ($250,000) but not more than three hundred fifty thousand dollars ($350,000), the award amount shall be the lesser of three and three-quarters times the amount the organization contributes to payroll or two hundred eighty thousand dollars ($280,000).
(I)For an organization with adjusted gross revenue above three hundred fifty thousand dollars ($350,000) but not more than four hundred fifty thousand dollars ($450,000), the award amount shall be the lesser of three and one-half times the amount the organization contributes to payroll or
three hundred fifty thousand dollars ($350,000).
(J)For an organization with adjusted gross revenue above four hundred fifty thousand dollars ($450,000) but not more than five hundred fifty thousand dollars ($550,000), the award amount shall be the lesser of three times the amount the organization contributes to payroll or
three hundred seventy-five thousand dollars ($375,000).
(K)For an organization with adjusted gross revenue above five hundred fifty thousand dollars ($550,000) but not more than six hundred fifty thousand dollars ($650,000), the award amount shall be the lesser of two and one-half times the amount the organization contributes to payroll or
three hundred seventy-five thousand dollars ($375,000).
(L)For an organization with adjusted gross revenue above six hundred fifty thousand dollars ($650,000) but not more than seven hundred fifty thousand dollars ($750,000), the award amount shall be the lesser of two times the amount the organization contributes to payroll or
three hundred fifty thousand dollars ($350,000).
(M)For an organization with adjusted gross revenue above seven hundred fifty thousand dollars ($750,000) but not more than eight hundred fifty thousand dollars ($850,000), the award amount shall be the lesser of one and one-half times the amount the organization contributes to payroll or
three hundred thousand dollars ($300,000).
(N)For an organization with adjusted gross revenue above eight hundred fifty thousand dollars ($850,000) but not more than one million dollars ($1,000,000), the award amount shall be equal to the lesser of the amount the organization contributes to payroll or
two hundred twenty-five thousand dollars ($225,000).
(O)For an organization with adjusted gross revenue above one million dollars ($1,000,000) but not more than one million two hundred thousand dollars ($1,200,000), the award amount shall be the lesser of 50 percent of the amount the organization contributes to payroll or
one hundred thirty-five thousand dollars ($135,000).
(P)For an organization with adjusted gross revenue above one million two hundred thousand dollars ($1,200,000) but not more than one million four hundred thousand dollars ($1,400,000), the award amount shall be the lesser of 25 percent of the amount the organization contributes to payroll or eighty thousand dollars ($80,000).
(2)The categories of organizations based on adjusted gross revenue specified in paragraph (1) shall be adjusted every five years based on the California Consumer Price Index as compiled and reported by the Department of Industrial Relations.
(e)Nothing in this section, including the use of the paymaster pursuant to Section 8753.7, shall change a small nonprofit performing arts organization’s status or its obligations as an employer under Chapter 38 of the Statutes of 2020.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.