SENIOR SENATE PROPOSAL NO. 2

INTRODUCED BY SENIOR SENATOR O.J. SORENSEN

LEGISLATIVE COUNSEL'S DIGEST

SP 2: ABUSE OF OFFICE: FORFEITURE OF STATE REMUNERATION.

UNDER EXISTING LAW, THE STATE IS REQUIRED TO PAY THE EMPLOYER’S SHARE OF CONTRIBUTIONS TO THE FEDERAL SOCIAL SECURITY PROGRAM FOR PERSONS ELECTED TO THE LEGISLATURE AND NO OTHER PENSION OR RETIREMENT MAY ACCRUE AS A RESULT OF SERVICE IN THE LEGISLATURE.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE A PUBLIC OFFICIAL, INCLUDING STATE, COUNTY, AND MUNICIPAL ELECTED OFFICIALS, APPOINTEES, AND EMPLOYEES, TO FORFEIT ALL PENSIONS, RETIREMENT PAY, OR OTHER STATE REMUNERATION, UPON BEING CONVICTED OF A CRIME RELATING TO AN ABUSE OF OFFICE.

VOTE: MAJORITY.

SP 2: RELATING TO ABUSE OF OFFICE

WHEREAS, NEWSPAPER REPORTS APPEAR WITH INCREASING RAPIDITY OF PUBLIC OFFICIALS WHO VIOLATE THE TRUST OF THE PUBLIC AND ARE CONVICTED OF CRIMES BUT RETAIN THEIR PENSIONS, RETIREMENT PAY, AND OTHER REMUNERATION; AND

WHEREAS, THE HOUSE OF REPRESENTATIVES OF THE STATE OF OKLAHOMA PASSED HOUSE BILL 2175 ON AN 86 TO 11 VOTE ON MARCH 9, 2009, WHICH STRIPS DISGRACED POLITICIANS OF THEIR PENSIONS; AND

WHEREAS, ELECTED OFFICIALS SHOULD BE HELD TO A HIGHER STANDARD; AND

WHEREAS, A POLITICIAN WHO VIOLATES THE PUBLIC TRUST SHOULD FACE A HARSH PUNISHMENT IF CONVICTED OF A CRIME BY A COURT OF LAW; AND

WHEREAS, THE STATE OF CALIFORNIA SHOULD REQUIRE PUBLIC OFFICIALS TO FORGO A STATE PENSION AND OTHER REMUNERATION IF THEY ARE CONVICTED OF A CRIME RELATING TO THE ETHICAL ABUSE OF OFFICE; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2009 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT ANY PUBLIC OFFICIAL CONVICTED OF A CRIME RELATED TO THE ABUSE OF OFFICE, INCLUDING, BUT NOT LIMITED TO, THE COMMISSION OF A FELONY, BRIBERY, CORRUPTION, FORGERY, PERJURY, OR ANY OTHER CRIME RELATED TO THE DUTIES OF OFFICE, INCLUDING VIOLATIONS RELATING TO CAMPAIGN CONTRIBUTIONS OR CAMPAIGN FINANCING, SHALL THEREBY FORFEIT AND FOREGO ANY PENSION, RETIREMENT PAY, OR ANY OTHER STATE PAID REMUNERATION; AND BE IT FURTHER

RESOLVED, THAT THIS PROPOSAL SHALL APPLY TO ALL STATE, COUNTY, AND MUNICIPAL ELECTED OFFICIALS, APPOINTEES, AND EMPLOYEES EVEN IF RETIRED OR RESIGNED; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN 09 16566

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