California 2009-2010 Regular Session Status: To Executive

SB 75 — Judiciary.

Last action — Chaptered by Secretary of State. Chapter 342, Statutes of 2009.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) The Public Employees' Retirement System provides pension benefits based in part upon credited service. The Public Employees' Retirement Law provides that credit for service generally is accrued based upon service rendered and compensated in a fiscal year, and that time during which a member is absent without compensation is not allowed for computing service. Existing law, in effect until July 1, 2010, authorizes the Judicial Council to provide that the courts be closed for the transaction of judicial business for one day per month, which would be treated as a holiday, and to adopt court rules to implement these provisions, subject to specified conditions. This bill would require that, for all retirement purposes, credit for service and compensation earnable for members of the Public Employees' Retirement System employed by a trial court that are subject to mandatory furloughs be based on the amount that would have been credited had the employee not been subject to mandatory furloughs. The bill would define mandatory furloughs and trial court employee in these regards. (2) Existing law sets the fees for filing first papers and other filing fees in civil actions, including various probate proceedings. This bill would make technical, conforming changes in related provisions specifying the distribution of the proceeds of those fees. (3) Existing law authorizes a court to use electronic recording equipment for the internal personnel purpose of monitoring judicial officer performance, if notice is provided to litigants that the proceeding may be recorded for that purpose, as specified. This bill would modify that provision to authorize a court to use electronic recording equipment for the internal personnel purpose of monitoring the performance of subordinate judicial officers, hearing officers, and temporary judges while proceedings are conducted in the courtroom, if notice is provided to the subordinate judicial officer, hearing officer, or temporary judge, and to the litigants, that the proceeding may be recorded for that purpose, as specified. (4) Existing law permits the referral of fines, state or local penalties, forfeitures, restitution fines, or restitution orders imposed by specified courts upon a person for criminal offenses under certain conditions to the Franchise Tax Board for collection. Existing law requires a board of supervisors to provide that disbursements of amounts collected by the Franchise Tax Board be made in accordance with specified priorities of payment. Existing law provides, until January 1, 2012, that any statute that takes effect after January 1, 2009, that increases the amount of any item that would be subject to disbursement under these provisions shall not be disbursed until all specified reimbursable costs have been disbursed. Existing law imposes a fee of $30, until July 1, 2011, and thereafter, a fee of $20, upon every conviction for a criminal offense, other than parking offenses, for funding of court security. This bill would provide that the court security fees collected pursuant to the latter provision shall be disbursed in accordance with the specified priorities of payment described above, and not first be subject to disbursement for those specified reimbursable costs.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 342, Statutes of 2009.

  2. Approved by Governor.

  3. Enrolled. To Governor at 11 a.m.

  4. Senate concurs in Assembly amendments. (Ayes 33. Noes 4. Page 2367.) To enrollment.

  5. In Senate. To unfinished business.

  6. Read third time. Passed. (Ayes 58. Noes 14. Page 3073.) To Senate.

  7. Read third time. Amended. (Page 3040.) To third reading.

  8. From inactive file to third reading file.

  9. Notice of motion to remove from inactive file given by Assembly Member Torrico.

  10. Placed on inactive file on request of Assembly Member Krekorian.

  11. Read second time. To third reading.

  12. Placed on second reading file.

  13. In Assembly. Read first time. Held at Desk.

  14. Read third time. Passed. (Ayes 22. Noes 14. Page 513.) To Assembly.

  15. Read second time. To third reading.

  16. Placed on second reading file.

  17. Withdrawn from committee.

  18. To Com. on RLS.

  19. Read first time.

  20. From print. May be acted upon on or after February 20.

  21. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Committee on Budget and Fiscal Review · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Committee on Budget and Fiscal Review

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 34 Yea · 4 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 32303
Democratic 2000
Republican 0100
Total 34403
% of votes cast 83%10%0%7%
How each member voted (41)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Corbett — Yea
Ducheny — Yea
Hancock — Yea
Ashburn — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Hollingsworth — Nay
Maldonado — Yea
McLeod — Yea
Dutton — Nay
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Benoit — Yea
Harman — Yea
Liu — Yea
Oropeza — Not Voting
Price — Yea
Wiggins — Yea
Wyland — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Nay
Florez — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Passed 65 Yea · 18 Nay · 8 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 601708
Republican 2100
Total 651808
% of votes cast 71%20%0%9%
How each member voted (91)
Member Party Vote
Beall — Yea
Eng — Yea
Charles — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Hagman — Nay
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Carter — Yea
Chesbro — Yea
Bill — Nay
Hall — Yea
Hayashi — Yea
V. — Nay
Manuel — Nay
Perez — Nay
Audra — Nay
Block — Yea
Cook — Yea
Coto — Yea
Duvall — Nay
Hernandez — Yea
Huber — Yea
Huffman — Yea
Knight — Nay
Krekorian — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Ruskin — Yea
Silva — Yea
Smyth — Nay
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Tom — Not Voting
Fletcher — Not Voting
Conway — Not Voting
Villines — Nay
Adams — Not Voting
Ammiano — Yea
Anderson — Nay
Bass — Yea
Blakeslee — Yea
Blumenfield — Yea
Brownley — Not Voting
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Nay
Lieu — Yea
Ma — Yea
Nava — Yea
Nestande — Not Voting
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Evans — Yea
Davis — Yea
DeVore — Nay
Fuller — Nay
Garrick — Not Voting
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Nay
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Nay

Official roll call →

Passed 23 Yea · 14 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 211302
Republican 0100
Democratic 2001
Total 231403
% of votes cast 58%35%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Runner — Nay
Hollingsworth — Nay
Cedillo — Not Voting
Cogdill — Nay
Maldonado — Not Voting
Ashburn — Nay
Benoit — Nay
Cox — Nay
Dutton — Nay
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wiggins — Yea
Ducheny — Yea
Florez — Yea
Negrete — Yea
Hancock — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Aanestad — Nay
Alquist — Yea
Harman — Nay
Huff — Nay
Kehoe — Yea
Wolk — Yea
Wright — Yea
Corbett — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Not Voting
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does SB 75 do?
(1) The Public Employees' Retirement System provides pension benefits based in part upon credited service. The Public Employees' Retirement Law provides that credit for service generally is accrued based upon service rendered and compensated in a fiscal year, and that time during which a member is absent without compensation is not allowed for computing service. Existing law, in effect until July 1, 2010, authorizes the Judicial Council to provide that the courts be closed for the transaction of judicial business for one day per month, which would be treated as a holiday, and to adopt court rules to implement these provisions, subject to specified conditions. This bill would require that, for all retirement purposes, credit for service and compensation earnable for members of the Public Employees' Retirement System employed by a trial court that are subject to mandatory furloughs be based on the amount that would have been credited had the employee not been subject to mandatory furloughs. The bill would define mandatory furloughs and trial court employee in these regards. (2) Existing law sets the fees for filing first papers and other filing fees in civil actions, including various probate proceedings. This bill would make technical, conforming changes in related provisions specifying the distribution of the proceeds of those fees. (3) Existing law authorizes a court to use electronic recording equipment for the internal personnel purpose of monitoring judicial officer performance, if notice is provided to litigants that the proceeding may be recorded for that purpose, as specified. This bill would modify that provision to authorize a court to use electronic recording equipment for the internal personnel purpose of monitoring the performance of subordinate judicial officers, hearing officers, and temporary judges while proceedings are conducted in the courtroom, if notice is provided to the subordinate judicial officer, hearing officer, or temporary judge, and to the litigants, that the proceeding may be recorded for that purpose, as specified. (4) Existing law permits the referral of fines, state or local penalties, forfeitures, restitution fines, or restitution orders imposed by specified courts upon a person for criminal offenses under certain conditions to the Franchise Tax Board for collection. Existing law requires a board of supervisors to provide that disbursements of amounts collected by the Franchise Tax Board be made in accordance with specified priorities of payment. Existing law provides, until January 1, 2012, that any statute that takes effect after January 1, 2009, that increases the amount of any item that would be subject to disbursement under these provisions shall not be disbursed until all specified reimbursable costs have been disbursed. Existing law imposes a fee of $30, until July 1, 2011, and thereafter, a fee of $20, upon every conviction for a criminal offense, other than parking offenses, for funding of court security. This bill would provide that the court security fees collected pursuant to the latter provision shall be disbursed in accordance with the specified priorities of payment described above, and not first be subject to disbursement for those specified reimbursable costs.
Who sponsors SB 75?
SB 75 is sponsored by Committee on Budget and Fiscal Review.
What is the current status of SB 75?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 75?
Track SB 75 free on One Click Politics — get push/email alerts when it moves.

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