BILL NUMBER: AB 241	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gordon

                        FEBRUARY 5, 2015

   An act to add Section 53760.9 to the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 241, as introduced, Gordon. Bankruptcy: retired employees:
disclosure of names and mailing addresses.
   (1) Existing law prohibits a local public entity, as defined, from
filing a petition and exercising powers pursuant to applicable
federal bankruptcy law unless the local public entity has
participated in a specified neutral evaluation process with
interested parties, or the local public entity has declared a fiscal
emergency and has adopted a resolution by a majority vote of the
governing board at a noticed public hearing that includes findings
that the financial state of the local public entity jeopardizes the
health, safety, or well-being of the residents of the local public
entity's jurisdiction or service area absent the protections of
federal bankruptcy law. Existing law defines "interested party," for
purposes of these provisions, to include, among others, a
representative selected by an association of retired employees of the
local public entity who receive income from the local public entity,
as specified. Existing law exempts from public disclosure certain
personal information of retirees from public employment.
   This bill would require, notwithstanding any other law and under
certain conditions, a local public entity to provide the name and
mailing address of each retired employee or his or her beneficiary
receiving the retired employee's retirement benefit to any
organization that is incorporated and qualified under specific state
and federal laws for the purpose of representing retired employees or
their beneficiaries as members of the organization in a neutral
evaluation process, the declaration of a fiscal emergency and
adoption of a resolution, or a bankruptcy proceeding, as specified.
This bill would limit an organization receiving this information
under these provisions to using the information for only these
purposes and impose an unspecified civil penalty on the organization
for a violation of that limitation under unspecified conditions.
   (2) The California Constitution requires local agencies, for the
purpose of ensuring public access to the meetings of public bodies
and the writings of public officials and agencies, to comply with a
statutory enactment that amends or enacts laws relating to public
records or open meetings and contains findings demonstrating that the
enactment furthers the constitutional requirements relating to this
purpose. This bill would make legislative findings to that effect.
   (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 53760.9 is added to the Government Code, to
read:
   53760.9.  (a) Notwithstanding any other law, including, but not
limited to, the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1), a local
public entity shall provide the name and mailing address of each
retired employee, or his or her beneficiary receiving the retired
employee's retirement benefit, to any organization that is
incorporated as a California nonprofit mutual benefit corporation
pursuant to Part 3 (commencing with Section 7110) of Division 2 of
Title 1 of the Corporations Code and qualified pursuant to Section
501(c)(5) of Title 26 of the Internal Revenue Code for the purpose of
representing retired employees of the local public entity, upon that
organization's request, if any of the following occur:
   (1) The local public entity began the process of participating in
a neutral evaluation process pursuant to Section 53760.3.
   (2) The local public entity declared a fiscal emergency and
adopted a resolution by a majority vote of the governing board
pursuant to Section 53760.5.
   (3) The local public entity filed a petition pursuant to
applicable federal bankruptcy law.
   (b) (1) An organization receiving the name and mailing address of
a retired employee or his or her beneficiary receiving the retired
employee's retirement benefit pursuant to subdivision (a) shall use
that information only for the purpose of representing the retired
employee or his or her beneficiary as a member of the organization as
an interested party in a neutral evaluation process pursuant to
Section 53760.3, the declaration of a fiscal emergency and adoption
of a resolution pursuant to Section 53760.5, or a bankruptcy
proceeding.
   (2) An organization that violates paragraph (1) shall be subject
to a civil penalty in the amount of _____ dollars ($____)under the
following conditions: ____.
  SEC. 2.  The Legislature finds and declares that Section 1 of this
act, which adds Section 53760.9 to the Government Code, furthers,
within the meaning of paragraph (7) of subdivision (b) of Section 3
of Article I of the California Constitution, the purposes of that
constitutional section as it relates to the right of public access to
the meetings of local public bodies or the writings of local public
officials and local agencies. Pursuant to paragraph (7) of
subdivision (b) of Section 3 of Article I of the California
Constitution, the Legislature makes the following findings:
   This act ensures that public retirees and their beneficiaries have
the opportunity to meaningfully participate in the legal processes
of a local public entity filing a petition and exercising powers
pursuant to applicable federal bankruptcy law.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district under this act would result from a legislative mandate that
is within the scope of paragraph (7) of subdivision (b) of Section 3
of Article I of the California Constitution.