California 2013-2014 Regular Session Status: Enacted 1 D cosponsors

SB 39 — Local agencies: public officers: claims and liability.

Last action — Chaptered by Secretary of State. Chapter 775, Statutes of 2013.

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

This bill has been enacted into law. Introduced December 05, 2012. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 12 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law provides for the governance of local agencies and specifically prescribes the rights and duties of their officers and employees. Existing law authorizes local agencies to establish retirement systems for the provision of pension benefits to officers and employees of the agencies and commits the administration of those systems to retirement boards. Existing law establishes a process for making claims on local agencies and excepts from that process applications for money or benefits from a public pension or retirement system. Existing law, the California Public Employees' Pension Reform Act of 2013, requires the forfeiture of specified retirement benefits by an elected public officer or a public employee, as defined, if that officer or employee is convicted of a felony for conduct arising out of, or in the performance of, his or her official duties. This bill would require the forfeiture of a contractual, common law, constitutional, or statutory claim against a local public agency employer to retirement or pension rights or benefits, as specified, by a local public officer who exercised discretionary authority and who was convicted of a felony for conduct arising out of, or in the performance of, his or her official duties. The bill would also make a statement of findings. (2) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 775, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2439.) Ordered to engrossing and enrolling.

  5. Urgency clause adopted.

  6. From committee: That the Assembly amendments be concurred in. (Ayes 3. Noes 0. Page 2454.)

  7. From committee: Be re-referred to Com. on P.E. & R. pursuant to Senate Rule 29.10. (Ayes 4. Noes 0. Page 2412.) Re-referred to Com. on P.E. & R.

  8. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  9. In Senate. Concurrence in Assembly amendments pending.

  10. Read third time. Urgency clause adopted. Passed. (Ayes 77. Noes 0. Page 3322.) Ordered to the Senate.

  11. Read second time. Ordered to third reading.

  12. From committee: Do pass. (Ayes 10. Noes 0.) (September 11).

  13. (Corrected September 11.)

  14. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  15. Joint Rule 62(a) file notice suspended. (Page 3147.)

  16. Re-referred to Com. on JUD. pursuant to Assembly Rule 77.2.

  17. Ordered to third reading.

  18. Read third time and amended. (Page 2959.)

  19. Read second time. Ordered to third reading.

  20. From committee: Do pass. (Ayes 16. Noes 0.) (August 30).

  21. Set, second hearing. Referred to Appropriations suspense file.

  22. Set, first hearing. Hearing canceled at the request of author.

  23. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (August 12). Re-referred to Com. on APPR.

  24. From committee: Be re-referred to Com. on NAT. RES. (Ayes 9. Noes 0.) (August 8). Re-referred to Com. on NAT. RES.

  25. Re-referred to Com. on RLS.

  26. From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES.

  27. Referred to Coms. on NAT. RES. and U. & C.

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

  29. Read third time. Passed. (Ayes 38. Noes 0. Page 1199.) Ordered to the Assembly.

  30. Read second time and amended. Ordered to third reading.

  31. From committee: Do pass as amended. (Ayes 5. Noes 0. Page 1005.) (May 23).

  32. Set for hearing May 23.

  33. Placed on APPR. suspense file.

  34. Set for hearing May 20.

  35. Read second time and amended. Re-referred to Com. on APPR.

  36. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 749.) (April 30).

  37. Set for hearing April 30.

  38. Read second time and amended. Re-referred to Com. on E., U., & C.

  39. From committee: Do pass as amended and re-refer to Com. on E., U., & C. (Ayes 8. Noes 0. Page 590.) (April 17).

  40. Set for hearing April 17.

  41. Set, first hearing. Hearing canceled at the request of author.

  42. From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.

  43. Set for hearing April 10.

  44. Referred to Coms. on ED. and E., U., & C.

  45. Read first time.

  46. From printer. May be acted upon on or after January 5.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • De León

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 38 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 35001
Democratic 3000
Total 38001
% of votes cast 97%0%0%3%
How each member voted (39)
Member Party Vote
Block — Yea
Hernandez — Yea
Hill — Yea
Lara — Yea
Leno — Yea
Steinberg — Yea
Vidak — Yea
Emmerson — Yea
Correa — Yea
Liu — Yea
Wright — Yea
Wyland — Yea
De León — Yea
Cannella — Yea
Corbett — Yea
Evans — Yea
Galgiani — Yea
Hancock — Yea
Hueso — Yea
Anderson — Yea
Beall — Not Voting
Huff — Yea
Knight — Yea
Lieu — Yea
Monning — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Torres — Yea
Walters — Yea
Wolk — Yea
DeSaulnier — Yea
Fuller — Yea
Yee — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Passed 77 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 70001
Democratic 4000
Republican 3000
Total 77001
% of votes cast 99%0%0%1%
How each member voted (78)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Jones-Sawyer — Yea
Linder — Yea
Maienschein — Yea
Mansoor — Yea
Olsen — Yea
Perea — Yea
Skinner — Yea
Waldron — Yea
Wilk — Yea
Daly — Yea
Gorell — Yea
Campos — Yea
Gatto — Yea
Gomez — Yea
Chau — Yea
Chesbro — Yea
Allen — Yea
Chávez — Yea
Bonilla — Yea
Gordon — Yea
Hagman — Yea
Harkey — Yea
Holden — Yea
Levine — Yea
Gray — Yea
Logue — Yea
Mitchell — Yea
Medina — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Melendez — Yea
Lowenthal — Yea
Morrell — Yea
Garcia — Yea
Atkins — Yea
Fong — Yea
Conway — Yea
Cooley — Yea
Achadjian — Yea
Dickinson — Yea
Alejo — Yea
Ammiano — Yea
Eggman — Yea
Mullin — Yea
Nazarian — Yea
Pan — Yea
Quirk — Yea
Rendon — Yea
Ting — Yea
Wagner — Yea
Weber — Yea
Wieckowski — Yea
Williams — Yea
Nestande — Yea
Donnelly — Not Voting
Fox — Yea
Frazier — Yea
Yamada — Yea
Hall — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Democratic 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Alejo — Yea
Maienschein — Yea
Wagner — Yea
Wieckowski — Yea
Chau — Yea
Garcia — Yea
Dickinson — Yea
Gorell — Yea
Mark Stone — Yea
Muratsuchi, Al Democratic Yea

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Democratic 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Bradford — Yea
Holden — Yea
Linder — Yea
Gatto — Yea
Bocanegra — Yea
Gomez — Yea
Hall — Yea
Campos — Yea
Harkey — Yea
Bigelow — Yea
Donnelly — Not Voting
Eggman — Yea
Pan — Yea
Quirk — Yea
Wagner — Yea
Weber — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 1001
Democratic 2000
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Skinner — Yea
Stone — Yea
Chesbro — Yea
Williams — Yea
Bigelow — Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Grove, Shannon Republican Not Voting
Patterson, Joe Republican Yea

Official roll call →

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9002
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Bigelow — Yea
Brown — Yea
Quirk — Not Voting
Gordon — Yea
Nazarian — Not Voting
Donnelly — Yea
Weber — Yea
Wilk — Yea
Gonzalez — Yea
Hagman — Yea
V. Manuel Pérez — Yea

Official roll call →

Passed 38 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 35001
Democratic 3000
Total 38001
% of votes cast 97%0%0%3%
How each member voted (39)
Member Party Vote
Anderson — Yea
Beall — Yea
Leno — Yea
Liu — Yea
Monning — Yea
Roth — Yea
Wright — Yea
Cannella — Yea
Wyland — Yea
De León — Yea
Corbett — Yea
Fuller — Yea
Hancock — Yea
Hernandez — Yea
Hill — Yea
Block — Yea
Hueso — Yea
Huff — Yea
Knight — Yea
Lara — Yea
Lieu — Yea
Nielsen — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Torres — Yea
Walters — Yea
Wolk — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Galgiani — Yea
Yee — Yea
Beth Gaines — Not Voting
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4002
Democratic 1000
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Hill — Yea
De León — Yea
Lara — Yea
Steinberg — Yea
Walters — Not Voting
Beth Gaines — Not Voting
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 39 do?
(1) Existing law provides for the governance of local agencies and specifically prescribes the rights and duties of their officers and employees. Existing law authorizes local agencies to establish retirement systems for the provision of pension benefits to officers and employees of the agencies and commits the administration of those systems to retirement boards. Existing law establishes a process for making claims on local agencies and excepts from that process applications for money or benefits from a public pension or retirement system. Existing law, the California Public Employees' Pension Reform Act of 2013, requires the forfeiture of specified retirement benefits by an elected public officer or a public employee, as defined, if that officer or employee is convicted of a felony for conduct arising out of, or in the performance of, his or her official duties. This bill would require the forfeiture of a contractual, common law, constitutional, or statutory claim against a local public agency employer to retirement or pension rights or benefits, as specified, by a local public officer who exercised discretionary authority and who was convicted of a felony for conduct arising out of, or in the performance of, his or her official duties. The bill would also make a statement of findings. (2) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 39?
SB 39 is sponsored by De León and Pérez, Sasha Renée (Democratic).
What is the current status of SB 39?
This bill has been enacted into law. Introduced December 05, 2012. Enacted.
Where can I track SB 39?
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