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SB-174 Public employment: eligibility.(2017-2018)

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Date Published: 05/01/2018 10:00 AM
SB174:v96#DOCUMENT

Amended  IN  Assembly  April 30, 2018
Amended  IN  Senate  July 10, 2017
Amended  IN  Senate  March 29, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 174


Introduced by Senator Lara
(Principal coauthor: Assembly Member Carrillo)

January 23, 2017


An act relating to public utilities, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. An act to amend Sections 241 and 1020 of the Government Code, relating to public employment.


LEGISLATIVE COUNSEL'S DIGEST


SB 174, as amended, Lara. Public utilities: settlement: 2015 power outages: City of Long Beach. Public employment: eligibility.
Existing law provides that citizens of the state are all persons born in the state and residing in it, except the children of transient aliens and of alien public ministers and consuls, and all persons born out of the state who are citizens of the United States and residing within the state.
This bill would instead provide that citizens of the state are all persons born in the state and residing in it and all persons born out of the state who are citizens of the United States and residing within the state.
Existing law prohibits a person from holding a civil office if, at the time of election or appointment, the person is not 18 years of age and a citizen of the state, as defined.
This bill would instead provide that a person is eligible to hold an elective civil office if, at the time of election, the person is 18 years of age and a citizen of the state. The bill would also provide that a person, regardless of citizenship or immigration status, is eligible to hold an appointed civil office if the person is 18 years of age and a resident of the state. The bill would provide that a person appointed to civil office, regardless of citizenship or immigration status, may receive any form of compensation that the person is not otherwise prohibited from receiving pursuant to federal law, including, but not limited to, any stipend, grant, or reimbursement of personal expenses that is associated with carrying out the duties of that office.

Existing law establishes the Public Utilities Commission and vests the commission with regulatory jurisdiction and authority over public utilities, including electrical corporations. Existing law places various responsibilities upon the commission to ensure that public utility services are provided in a manner that protects the public safety and the safety of utility employees.

This bill would appropriate moneys resulting from a settlement agreement between Southern California Edison Company and the commission for power outages that occurred in the City of Long Beach in the summer of 2015 to the City of Long Beach for certain public infrastructure projects located in, or benefitting, areas affected by the outages.

This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Long Beach.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: TWO_THIRDSMAJORITY   Appropriation: YESNO   Fiscal Committee: YESNO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The State of California is the largest and most diverse state in the nation, with a total population of almost 40 million people, and a total immigrant population of about 10 million people from over 60 different countries.
(b) California prides itself on its great racial, ethnic, and cultural diversity, and acknowledges that diverse backgrounds benefit the state through providing a diversity of experiences and expertise, and this diversity is especially beneficial in creating public policy that supports and protects all people.
(c) California has made great strides in integrating our immigrant population in all aspects, including passing laws that authorize health care for all children, professional licenses, driver’s licenses, college grants, loans, and in-state tuition for eligible residents, regardless of their immigration status.
(d) Californians are served by numerous local and state boards and commissions that, together, cover a broad range of issues and policy topics and oversee many of the programs and services provided by the state, and these boards and commissions are comprised of highly experienced, qualified individuals with a desire to uphold the values and advance the work of the institutions they serve.
(e) California’s democratic values of equal representation are upheld when our local and state government is diverse and representative of the people who reside in the state, and access to positions on governmental boards and commissions creates an avenue for people from multiple backgrounds and different experiences to serve the communities in which they live and beyond.
(f) It is the intent of the Legislature to remove barriers to service and authorize all California residents, including those without lawful immigration status, to serve on California’s diverse local and state boards and commissions so that their perspectives and voices are heard.

SEC. 2.

 Section 241 of the Government Code is amended to read:

241.
 The citizens of the State state are:
(a) All persons born in the State state and residing within it, except the children of transient aliens and of alien public ministers and consuls. it.
(b) All persons born out of the State state who are citizens of the United States and residing within the State. state.

SEC. 3.

 Section 1020 of the Government Code is amended to read:

1020.
 (a) A person is incapable of holding a eligible to hold an elective civil office if if, at the time of his election or appointment he is not election, the person is 18 years of age and age and a citizen of the state.
(b) A person, regardless of citizenship or immigration status, is eligible to hold an appointed civil office if the person is 18 years of age and a resident of the state.
(c) A person appointed to civil office, regardless of citizenship or immigration status, may receive any form of compensation that the person is not otherwise prohibited from receiving pursuant to federal law, including, but not limited to, any stipend, grant, or reimbursement of personal expenses that is associated with carrying out the duties of that office.

SECTION 1.

Moneys received by the Public Utilities Commission pursuant to the “Settlement Agreement Between Southern California Edison Company and the Safety and Enforcement Division of the California Public Utilities Commission Resolving Order Instituting Investigation I. 16-07-007” are hereby appropriated to the City of Long Beach to be expended for public infrastructure projects that reduce the emissions of greenhouse gases or promote energy efficiency and that are located in, or benefitting, the areas affected by Southern California Edison Company’s power outages in the City of Long Beach on July 15 to July 20, 2015 and on July 20 to August 3, 2015.

SEC. 2.

The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the City of Long Beach and the effects of the power outages of the summer of 2015.

SEC. 3.

This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

To ensure proceedings from the settlement agreement between Southern California Edison Company and the Public Utilities Commission for the power outages occurring in the summer of 2015 are provided to the City of Long Beach for public infrastructure projects located in, or benefitting, areas affected by the outage in an expeditious manner, it is necessary for this measure to take effect immediately.