BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 11XX| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 11XX Author: Steinberg (D) Amended: 2/14/09 Vote: 21 WITHOUT REFERENCE TO COMMITTEE SUBJECT : Budget Act of 2008: judicial benefits SOURCE : Administrative Office of the Courts DIGEST : Senate Floor Amendments of 2/14/09 delete the prior version of the bill expressing the intent of the Legislature to enact statutory changes relating to the Budget Act of 2008. This bill now responds to a recent state court of appeal decision by authorizing counties and courts to continue providing existing local benefits to trial court judges. ANALYSIS : The Lockyer-Isenberg Trial Court Funding Act of 1997 (AB 233, Escutia) consolidated all trial court funding decisions at the state level. However, even as the State assumed a greater responsibility for trial court operations, counties and courts were permitted to continue providing supplemental benefits to trial court judges, as had been the practice prior to 1997. In 2008, the Court of Appeal, in Sturgeon v. County of Los Angeles (2008) 167 Cal.App.4th 630, held that in order to comply with article VI, section 19 of the California Constitution, state laws CONTINUED SB 11XX Page 2 must expressly authorize such supplemental benefits. This bill addresses the Court's holding in Sturgeon by expressly authorizing counties and courts to continue providing existing local benefits to trial court judges. This bill contains findings and declarations that set forth the Legislature's intent to address the Sturgeon decision. Specifically, the bill states that 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 Government Code Section 77201(c)(l) for trial court judges of that county. This bill also notes that numerous counties and courts established supplemental benefits to retain qualified applicants for judicial office, and that trial court judges relied upon the existence of these long-standing supplemental benefits. This bill permits counties and courts that provided supplemental benefits to trial judges as of July 1, 2008, to continue doing so on the same terms and conditions as were in effect on that date. This bill further permits a county to terminate its supplemental benefits at any time. However, a county will be required to continue providing benefits to sitting judges for the remainder of their six-year term. This bill provides that neither the State nor the Judicial Council is obligated to pay for benefits previously provided by a county, city and county, or the court. This bill further provides 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 this act on the ground that those benefits were not authorized by law. This bill requires that the Judicial Council report to the Legislature on or before December 31, 2009, analyzing inconsistencies in statewide benefits. SB 11XX Page 3 FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No DLW:do 2/13/09 Senate Floor Analyses SUPPORT/OPPOSITION: NONE RECEIVED **** END ****