BILL NUMBER: SBX2 11 CHAPTERED
BILL TEXT
CHAPTER 9
FILED WITH SECRETARY OF STATE FEBRUARY 20, 2009
APPROVED BY GOVERNOR FEBRUARY 20, 2009
PASSED THE SENATE FEBRUARY 14, 2009
PASSED THE ASSEMBLY FEBRUARY 15, 2009
AMENDED IN SENATE FEBRUARY 14, 2009
INTRODUCED BY Senator Steinberg
FEBRUARY 11, 2009
An act to add Sections 68220, 68221, and 68222 to the Government
Code, relating to judges.
LEGISLATIVE COUNSEL'S DIGEST
SB 11, Steinberg. Judges: employment benefits.
The California Constitution requires the Legislature to prescribe
compensation for judges of courts of record. Existing law authorizes
a county to deem judges and court employees as county employees for
purposes of providing employment benefits. These provisions were held
unconstitutional as an impermissible delegation of the obligation of
the Legislature to prescribe the compensation of judges of courts of
record.
This bill would provide that judges who received supplemental
judicial benefits provided by a county or court, or both, as of July
1, 2008, shall continue to receive supplemental benefits from the
county or court then paying the benefits on the same terms and
conditions as were in effect on that date. The bill would authorize a
county to terminate its obligation to provide benefits upon
providing 180 days' written notice to the Administrative Director of
the Courts and the impacted judges, but that termination would not be
effective as to any judge during his or her current term while that
judge continues to serve as a judge in that court or, at the election
of the county, when that judge leaves office. The bill also would
authorize the county to elect to provide benefits for all judges in
that county. The bill would require the Judicial Council to report to
the Senate Committee on Budget and Fiscal Review, the Assembly
Committee on Budget, and both the Senate and Assembly Committees on
Judiciary on or before December 31, 2009, analyzing the statewide
benefits inconsistencies.
This bill would provide that no governmental entity, or officer or
employee of a governmental entity, shall incur any liability or be
subject to prosecution or disciplinary action because of benefits
provided to a judge under the official action of a governmental
entity prior to the effective date of the bill on the ground that
those benefits were not authorized under law.
This bill would provide that nothing in its provisions shall
require the Judicial Council to increase funding to a court for the
purpose of paying judicial benefits or obligate the state or the
Judicial Council to pay for benefits previously provided by the
county, city and county, or the court.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) It is the intent of the Legislature to address the decision of
the Court of Appeal in Sturgeon v. County of Los Angeles (2008) 167
Cal.App.4th 630, regarding county-provided benefits for judges.
(b) These county-provided benefits were considered by the
Legislature in enacting the Lockyer-Isenberg Trial Court Funding Act
of 1997, in which counties could receive a reduction in the county's
maintenance of effort obligations if counties elected to provide
benefits pursuant to paragraph (l) of subdivision (c) of Section
77201 of the Government Code for trial court judges of that county.
(c) Numerous counties and courts established local or court
supplemental benefits to retain qualified applicants for judicial
office, and trial court judges relied upon the existence of these
longstanding supplemental benefits provided by the counties or the
court.
SEC. 2. Section 68220 is added to the Government Code, to read:
68220. (a) Judges of a court whose judges received supplemental
judicial benefits provided by the county or court, or both, as of
July 1, 2008, shall continue to receive supplemental benefits from
the county or court then paying the benefits on the same terms and
conditions as were in effect on that date.
(b) A county may terminate its obligation to provide benefits
under this section upon providing the Administrative Director of the
Courts and the impacted judges with 180 days' written notice. The
termination shall not be effective as to any judge during his or her
current term while that judge continues to serve as a judge in that
court or, at the election of the county, when that judge leaves
office. The county is also authorized to elect to provide benefits
for all judges in the county.
SEC. 3. Section 68221 is added to the Government Code, to read:
68221. To clarify ambiguities and inconsistencies in terms with
regard to judges and justices and to ensure uniformity statewide, the
following shall apply for purposes of Sections 68220 to 68222,
inclusive:
(a) "Benefits" and "benefit" shall include federally regulated
benefits, as described in Section 71627, and deferred compensation
plan benefits, such as 401(k) and 457 plans, as described in Section
71628, and may also include professional development allowances.
(b) "Salary" and "compensation" shall have the meaning as set
forth in Section 1241.
SEC. 4. Section 68222 is added to the Government Code, to read:
68222. Nothing in this act shall require the Judicial Council to
increase funding to a court for the purpose of paying judicial
benefits or obligate the state or the Judicial Council to pay for
benefits previously provided by the county, city and county, or the
court.
SEC. 5. Notwithstanding any other law, no governmental entity, or
officer or employee of a governmental entity, shall incur any
liability or be subject to prosecution or disciplinary action because
of benefits provided to a judge under the official action of a
governmental entity prior to the effective date of this act on the
ground that those benefits were not authorized under law.
SEC. 6. The Judicial Council shall report to the Senate Committee
on Budget and Fiscal Review, the Assembly Committee on Budget, and
both the Senate and Assembly Committees on Judiciary on or before
December 31, 2009, analyzing the statewide benefits inconsistencies.
SEC. 7. The provisions of this act are severable. If any provision
of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.