SB 39,
as amended, De León. begin deleteEnergy: conservation: financial assistance. end deletebegin insertLocal agencies: public officers: claims and liability.end insert
(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.
end insertbegin insertThis bill would limit and specify the remedies available to 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, and who believes that he or she is entitled to a claim against his or her employer for the funding of retirement benefits, however characterized, that have been disallowed by a public retirement system. The bill would specify the claims to which it would apply. The bill would also make a statement of findings.
end insertbegin insert(2) This bill would declare that it is to take effect immediately as an urgency statute.
end insertThe Energy Conservation Assistance Act of 1979 requires, until January 1, 2018, the State Energy Resources Conservation and Development Commission to administer the State Energy Conservation Assistance Account, a continuously appropriated account to provide grants and loans to local governments and public institutions to maximize energy use savings.
end deleteThis bill would extend the operation of the act to January 1, 2022, and would thereby make an appropriation by extending the time during which the funds in a continuously appropriated account are made available.
end deleteVote: 2⁄3.
Appropriation: begin deleteyes end deletebegin insertnoend insert.
Fiscal committee: begin deleteyes end deletebegin insertnoend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares that local
2public agencies need protection from disgraced and avaricious
3public officials who, following conviction for crimes arising out
4of the performance of their official duties, continue to abuse the
5public trust by asserting a claim that their former employers owe
6them the value of pension benefits that the public retirement
7systems charged with administration of those benefits have
8rightfully disallowed.
begin insertSection 53244 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
10read:end insert
(a) A local public officer, as defined in subdivision (b),
12who believes that he or she is entitled to claim, from a local public
13agency employer, for funding of retirement benefits that have been
14disallowed by a public retirement system, however those benefits
15may be characterized, including, but not limited to, as lost
P3 1compensation, may only pursue that claim through the
2administrative process and appeal procedure available under the
3applicable public retirement system. The local public agency
4employer shall only be responsible for amounts awarded to the
5local public officer as provided in this subdivision.
6(b) For the purposes of this section, “local public officer” means
7a person, either elected or appointed, with all of the following
8
characteristics:
9(1) The person exercised discretionary, executive authority in
10his or her employment.
11(2) The person was convicted of a felony for conduct arising
12out of, or in the performance of, his or her official duties.
13(3) This section shall apply to any claim filed prior to January
141, 2014, and still pending on that date, and any claim commenced
15after that date.
This act is an urgency statute necessary for the
17immediate preservation of the public peace, health, or safety within
18the meaning of Article IV of the Constitution and shall go into
19immediate effect. The facts constituting the necessity are:
20In order to protect the public from local public officers who are
21convicted of felonies due to violations of the public trust and who
22continue to abuse the public trust and rob the taxpayers, it is
23necessary that this act take effect immediately.
Section 25421 of the Public Resources Code is
25amended to read:
(a) Except as provided in subdivision (b), this chapter
27shall remain in effect only until January 1, 2022, and as of that
28date is repealed, unless a later enacted statute, which is enacted
29before January 1, 2022, deletes or extends that date.
30(b) Except as specified in subdivisions (c) and (d), all loans
31outstanding as of January 1,
2022, shall continue to be repaid on
32a semiannual basis, as specified in Section 25415, until paid in
33full. All unexpended funds in the State Energy Conservation
34Assistance Account on January 1, 2022, and thereafter shall revert
35to the General Fund.
36(c) To the extent required under applicable bond obligations,
37unexpended funds from the proceeds of bonds sold pursuant to
38Section 25417.5 that remain in the State Energy Conservation
39Assistance Account on January 1, 2022, shall remain in the
40account. These funds shall be
expended pursuant to the applicable
P4 1requirements for bond proceeds. Once all applicable bond
2obligations have been satisfied, unexpended funds shall revert to
3the General Fund.
4(d) Unexpended funds from the federal American Recovery and
5Reinvestment Act of 2009 (Public Law 111-5) remaining in the
6State Energy Conservation Assistance Account on January 1, 2018,
7shall revert to the Federal Trust Fund.
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