Local agencies: public officers: claims and liability.
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SB 39 — Local agencies: public officers: claims and liability.
Last action — Chaptered by Secretary of State. Chapter 775, Statutes of 2013.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced December 05, 2012. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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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
- Chaptered 10/12/13 - Chaptered Current pdf October 12, 2013
- Enrolled 09/18/13 - Enrolled pdf September 18, 2013
- Amended 09/10/13 - Amended Assembly pdf September 10, 2013
- Amended 09/06/13 - Amended Assembly pdf September 06, 2013
- Amended 08/05/13 - Amended Assembly pdf August 05, 2013
- Amended 05/28/13 - Amended Senate pdf May 28, 2013
- Amended 05/07/13 - Amended Senate pdf May 07, 2013
- Amended 04/24/13 - Amended Senate pdf April 24, 2013
- Amended 03/21/13 - Amended Senate pdf March 21, 2013
- Introduced 12/05/12 - Introduced pdf December 05, 2012
- SB39 View text html
Action History
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Chaptered by Secretary of State. Chapter 775, Statutes of 2013.
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Approved by the Governor.
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Enrolled and presented to the Governor at 4:30 p.m.
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Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2439.) Ordered to engrossing and enrolling.
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Urgency clause adopted.
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From committee: That the Assembly amendments be concurred in. (Ayes 3. Noes 0. Page 2454.)
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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.
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Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.
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In Senate. Concurrence in Assembly amendments pending.
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Read third time. Urgency clause adopted. Passed. (Ayes 77. Noes 0. Page 3322.) Ordered to the Senate.
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 10. Noes 0.) (September 11).
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(Corrected September 11.)
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
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Joint Rule 62(a) file notice suspended. (Page 3147.)
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Re-referred to Com. on JUD. pursuant to Assembly Rule 77.2.
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Ordered to third reading.
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Read third time and amended. (Page 2959.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 16. Noes 0.) (August 30).
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Set, second hearing. Referred to Appropriations suspense file.
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Set, first hearing. Hearing canceled at the request of author.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (August 12). Re-referred to Com. on APPR.
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From committee: Be re-referred to Com. on NAT. RES. (Ayes 9. Noes 0.) (August 8). Re-referred to Com. on NAT. RES.
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Re-referred to Com. on RLS.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES.
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Referred to Coms. on NAT. RES. and U. & C.
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In Assembly. Read first time. Held at Desk.
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Read third time. Passed. (Ayes 38. Noes 0. Page 1199.) Ordered to the Assembly.
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Read second time and amended. Ordered to third reading.
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From committee: Do pass as amended. (Ayes 5. Noes 0. Page 1005.) (May 23).
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Set for hearing May 23.
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Placed on APPR. suspense file.
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Set for hearing May 20.
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Read second time and amended. Re-referred to Com. on APPR.
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From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 749.) (April 30).
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Set for hearing April 30.
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Read second time and amended. Re-referred to Com. on E., U., & C.
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From committee: Do pass as amended and re-refer to Com. on E., U., & C. (Ayes 8. Noes 0. Page 590.) (April 17).
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Set for hearing April 17.
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Set, first hearing. Hearing canceled at the request of author.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.
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Set for hearing April 10.
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Referred to Coms. on ED. and E., U., & C.
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Read first time.
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From printer. May be acted upon on or after January 5.
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Introduced. To Com. on RLS. for assignment. To print.
Sponsors
- De León · Primary
- Sasha Renée Pérez · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 120 not signed on
Sponsors (1)
- De León
Co-sponsors (1)
- Pérez, Sasha Renée Democratic
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 35 | 0 | 0 | 1 |
| Democratic | 3 | 0 | 0 | 0 |
| Total | 38 | 0 | 0 | 1 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 70 | 0 | 0 | 1 |
| Democratic | 4 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 77 | 0 | 0 | 1 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 3 | 0 | 0 | 2 |
| Total | 3 | 0 | 0 | 2 |
| % of votes cast | 60% | 0% | 0% | 40% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| Beall | — | Yea |
| Block | — | Yea |
| Walters | — | Yea |
| Yee | — | Not Voting |
| Beth Gaines | — | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 1 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 16 | 0 | 0 | 1 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 1 |
| Democratic | 2 | 0 | 0 | 0 |
| Total | 8 | 0 | 0 | 1 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 0 | 0 | 2 |
| Total | 9 | 0 | 0 | 2 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 35 | 0 | 0 | 1 |
| Democratic | 3 | 0 | 0 | 0 |
| Total | 38 | 0 | 0 | 1 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 2 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 5 | 0 | 0 | 2 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 1 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 6 | 0 | 0 | 1 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Lara | — | Not Voting |
| Steinberg | — | Yea |
| Walters | — | Yea |
| De León | — | Yea |
| Hill | — | Yea |
| Beth Gaines | — | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 10 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 11 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Hill | — | Yea |
| DeSaulnier | — | Yea |
| Wright | — | Yea |
| De León | — | Yea |
| Cannella | — | Yea |
| Corbett | — | Yea |
| Knight | — | Yea |
| Pavley | — | Yea |
| Wolk | — | Yea |
| Fuller | — | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 1 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 8 | 0 | 0 | 1 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Block | — | Yea |
| Liu | — | Yea |
| Wyland | — | Not Voting |
| Huff | — | Yea |
| Correa | — | Yea |
| Monning | — | Yea |
| Hueso | — | Yea |
| Hancock | — | Yea |
| Jackson, Corey A. | Democratic | Yea |
Subjects
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?
- Track SB 39 free on One Click Politics — get push/email alerts when it moves.
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