BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 39
                                                                  Page  1

          SENATE THIRD READING
          SB 39 (De León)
          As Amended  September 6, 2013
          2/3 vote.  Urgency

           SENATE VOTE  :   Vote not relevant
            
           NATURAL RESOURCES               APPROPRIATIONS                  
                         (vote not relevant)               (vote not  
          relevant)

           SUMMARY  :   Specifies procedure for handling any claim by a local  
          public officer for funding of retirement benefits that have been  
          disallowed by a public retirement system.  Specifically,  this  
          bill  :   

          1)Provides that a local public officer, as defined, who believes  
            that he or she is entitled to claim, from a local public  
            agency employer, for funding of retirement benefits that have  
            been disallowed by a public retirement system, however those  
            benefits may be characterized, including, but not limited to,  
            as lost compensation, may only pursue that claim through the  
            administrative process and appeal procedure available under  
            the applicable public retirement system.   

          2)Establishes that the local public agency employer shall only  
            be responsible for amounts awarded to the local public officer  
            as provided by this act.

          3)Defines "local public officer," for the purpose of this act,  
            to mean a person, either elected or appointed, with all of the  
            following characteristics:

             a)   The person exercised discretionary, executive authority  
               in his or her employment.

             b)   The person was convicted of a felony for conduct arising  
               out of, or in the performance of, his or her official  
               duties.

             c)   This section shall apply to any claim filed prior to  
               January 1, 2014, and still pending on that date, and any  
               claim commenced after that date.

          4)Finds and declares that local public agencies need protection  








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            from disgraced and avaricious public officials who, following  
            conviction for crimes arising out of the performance of their  
            official duties, continue to abuse the public trust by  
            asserting a claim that their former employers owe them the  
            value of pension benefits that the public retirement systems  
            charged with administration of those benefits have rightfully  
            disallowed.

          5)Declares that this act is an urgency statute necessary for the  
            immediate preservation of the public peace, health, or safety,  
            and declares that the facts constituting the necessity are  
            that "In order to protect the public from local public  
            officers who are convicted of felonies due to violations of  
            the public trust and who continue to abuse the public trust  
            and rob the taxpayers, it is necessary that this act take  
            effect immediately."

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  As recently amended, this bill specifies the  
          procedural rights of a local public officer who believes that he  
          or she is entitled to claim, from a local public agency  
          employer, funding of retirement benefits that have been  
          disallowed by a public retirement system, regardless of how  
          those benefits may be characterized, including, but not limited  
          to, lost compensation.  In such cases, the bill establishes that  
          the local public officer may pursue that claim only through the  
          administrative process and appeal procedure available under the  
          applicable public retirement system.  Furthermore, the bill  
          provides that the local public agency employer shall be  
          responsible only for amounts awarded to the local public officer  
          as provided by this act.

          For the purpose of this bill, a "local public officer" means a  
          person, either elected or appointed, who exercised  
          discretionary, executive authority in his or her employment, and  
          who was convicted of a felony for conduct arising out of, or in  
          the performance of, his or her official duties.  This bill  
          applies to any claim filed prior to January 1, 2014, and still  
          pending on that date, and any claim commenced after that date.

          The bill recites legislative findings and declarations to the  
          effect that this bill is needed because "local public agencies  
          need protection from disgraced and avaricious public officials  
          who, following conviction for crimes arising out of the  








                                                                  SB 39
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          performance of their official duties, continue to abuse the  
          public trust by asserting a claim that their former employers  
          owe them the value of pension benefits that the public  
          retirement systems charged with administration of those benefits  
          have rightfully disallowed."


           Analysis Prepared by  :    Anthony Lew / JUD. / (916) 319-2334 


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