Bill Text: CA AB226 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: County employees retirement: compensation.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2010-09-30 - Vetoed by Governor. [AB226 Detail]

Download: California-2009-AB226-Amended.html

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BILL NUMBER: AB 226	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 20, 2010
	AMENDED IN SENATE  SEPTEMBER 3, 2009
	AMENDED IN SENATE  JULY 23, 2009
	AMENDED IN SENATE  JUNE 26, 2009
	AMENDED IN SENATE  JUNE 16, 2009
	AMENDED IN ASSEMBLY  MAY 6, 2009

INTRODUCED BY   Assembly Member  Ruskin  
Torrico 
    (   Coauthor:  
Assembly Member   Saldana   )


                        FEBRUARY 4, 2009

    An act to add Section 30821 to the Public Resources Code,
relating to coastal resources.   An act to add 
 Sections 31485.18 and 31676.2 to the Government Code, relating
to county employees' retirement. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 226, as amended,  Ruskin   Torrico  .
 Coastal resources: California Coastal Act of 1976:
enforcement.   County employees retirement:
compensation.  
   Under existing law, counties and districts may provide retirement
benefits to their employees pursuant to the County Employees
Retirement Law of 1937 (CERL). CERL specifies the minimum ages and
years of service that are required in order to become eligible for
retirement. That law generally permits the board of supervisors of a
county or the governing board of a district, by resolution adopted by
majority vote and pursuant to a memorandum of understanding, as
specified, to make certain formulas for the calculation of benefits
for its members based on their classification.  
   The bill would provide that compensation paid to a retiring member
to restore compensation the member would have been entitled to
receive pursuant to a collective bargaining agreement fully executed
on or before July 1, 2010, that was subsequently deferred or
otherwise modified as a result of a concessionary amendment executed
prior to September 1, 2010, shall be considered compensation earnable
and not be deemed to have been paid for the purpose of enhancing a
member's retirement benefit.  
   This bill would authorize the board of supervisors of the County
of Sacramento, by resolution, adopted by majority vote, as part of a
negotiated memorandum of understanding with a bargaining unit that
represents safety members to require safety employees of that
bargaining unit and unrepresented safety employees, first hired after
approval of the resolution, to receive a specified pension
calculation that applies to safety members and that computes final
compensation based upon the average annual compensation earnable
during a specified 3-year period.  
   The California Coastal Act of 1976 requires a person undertaking
development in the coastal zone to obtain a coastal development
permit in accordance with prescribed procedures. Existing law
authorizes the superior court to impose civil liability on a person
who performs or undertakes development that is in violation of the
act or that is inconsistent with a previously issued coastal
development permit, and on a person who violates the act in any other
manner and authorizes a person to maintain an action for recovery of
these civil penalties.  
   This bill would provide that a person who violates the act is
subject to an administrative civil penalty that may be imposed by the
California Coastal Commission by a majority vote of the
commissioners, upon consideration of various factors, in a public
hearing, as specified, in an amount no less than $5,000 and no more
than $50,000 for each violation.  
   This bill would provide that a person, as defined, shall not be
subject to both monetary civil liability imposed by the commission
and monetary civil liability imposed by the superior court for the
same act or failure to act. In the event that a person who is
assessed a penalty by the commission fails to pay the penalty, fails
to comply with a restoration or cease and desist order, or challenges
any of these actions in a court of law, the commission may maintain
an action or otherwise engage in judicial proceedings to enforce
those requirements and the court may grant any relief, as specified.
This bill would also allow the commission to record a lien on the
property of a violator in the amount of the penalty assessed by the
commission if the violator fails to pay the fine. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


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

   SECTION 1.    Section 31485.18 is added to the 
 Government Code  , to read:  
   31485.18.  (a) Notwithstanding any other provision of this
chapter, in a county of the eighth class, as defined in Sections
28020 and 28025, as amended by Chapter 1204 of the Statutes of 1971,
the board of supervisors may, by resolution adopted by majority vote,
as part of any negotiated memorandum of understanding with a
bargaining unit that represents safety employees, require a safety
employee of that bargaining unit, and may also require an
unrepresented safety employee, first hired after approval of the
resolution, to receive a pension calculation provided in Section
31664.2, with a highest compensation period determined pursuant to
Section 31462, and with a cost-of-living-adjustment provided in
Section 31870.
   (b) The resolution described in subdivision (a) may provide a
different formula or calculation of retirement benefits for new
safety members in one bargaining unit or new unrepresented safety
members than that provided for new safety members of other bargaining
units or new unrepresented safety members. 
   SEC. 2.    Section 31676.2 is added to the  
Government Code   , to read:  
   31676.2.  Notwithstanding any provision of this chapter,
compensation paid to a retiring member to restore payrate or salary
the member would have been entitled to receive pursuant to a
collective bargaining agreement fully executed on or before July 1,
2010, that was subsequently deferred or otherwise modified as a
result of a concessionary amendment executed prior to September 1,
2010, shall be considered compensation earnable and not be deemed to
have been paid for the purpose of enhancing a member's retirement
benefit.  
  SECTION 1.    Section 30821 is added to the Public
Resources Code, to read:
   30821.  (a) In addition to any other penalties imposed pursuant to
this division, a person, including a landowner, who is in violation
of a provision of this division is subject to an administrative civil
penalty that may be imposed by the commission in an amount not less
than five thousand dollars ($5,000) and not to exceed fifty thousand
dollars ($50,000) for each violation.
   (b) All penalties imposed pursuant to subdivision (a) shall be
imposed by majority vote of the commissioners present in a duly
noticed public hearing in compliance with the requirements of Section
30810, 30811, or 30812.
   (c) In determining the amount of civil liability, the commission
shall take into account the factors set forth in subdivision (c) of
Section 30820.
   (d) A person shall not be subject to both monetary civil liability
imposed under this section and monetary civil liability imposed by
the superior court for the same act or failure to act. In the event
that a person who is assessed a penalty under this section fails to
pay the administrative penalty, otherwise fails to comply with a
restoration or cease and desist order issued by the commission in
connection with the penalty action, or challenges any of these
actions by the commission in a court of law, the commission may
maintain an action or otherwise engage in judicial proceedings to
enforce those requirements and the court may grant any relief as
provided under this chapter.
   (e) If a person fails to pay a penalty imposed by the commission
pursuant to this section, the commission may record a lien on the
property in the amount of the penalty assessed by the commission.
This lien shall have the force, effect, and priority of a judgment
lien.
   (f) In enacting this section, it is not the intent of the
Legislature that unintentional, minor violations that only cause de
minimis harm should lead to civil penalties, if the violator has
acted expeditiously to correct the violation consistent with this
act.
   (g) "Person," for the purpose of this section, does not include a
local government, a special district, or an agency thereof when
acting in a legislative or adjudicative capacity.