Bill Text: CA SB115 | 2009-2010 | Regular Session | Enrolled
Bill Title: Public employment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2010-01-19 - Stricken from Senate file. [SB115 Detail]
Download: California-2009-SB115-Enrolled.html
BILL NUMBER: SB 115 ENROLLED
BILL TEXT
PASSED THE SENATE MAY 6, 2009
PASSED THE ASSEMBLY AUGUST 20, 2009
AMENDED IN SENATE MARCH 24, 2009
INTRODUCED BY Senator Lowenthal
JANUARY 29, 2009
An act to amend Sections 1360, 3103, and 18150 of, and to add
Section 1225.5 to, the Government Code, relating to public
employment.
LEGISLATIVE COUNSEL'S DIGEST
SB 115, Lowenthal. Public employment.
The California Constitution requires Members of the Legislature,
and all public officers and employees, to take and subscribe a
specified oath of office. The California Constitution permits
inferior officers and employees to be exempted by law from this
requirement.
This bill would require that a public employee or applicant
seeking public employment be permitted to decline to take and
subscribe the oath of office based on moral, ethical, or religious
beliefs that conflict with his or her ability to take and subscribe
the oath without mental reservation, if he or she is otherwise
willing and able to uphold the United States Constitution and the
constitution and laws of this state and to complete the duties of
employment. The bill would require that person to sign a statement
that he or she declines to take and subscribe the oath required
pursuant to existing law, based on moral, ethical, or religious
beliefs that conflict with his or her ability to take that oath, as
specified, and to take and subscribe a specified alternate statement
to that effect. The bill would except from these provisions a public
officer, employee, or applicant for public employment who is elected
or who serves at the pleasure of an elected official. The bill would
also make conforming changes and make a related statement of
legislative findings.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) Section 3 of Article XX of the California Constitution
requires that Members of the Legislature and all public officers and
employees take and subscribe the oath that is set forth in its
provisions and defines public officer or employee for these purposes.
(b) Section 3 of Article XX of the California Constitution permits
the Legislature to make exceptions from the oath requirement for
"inferior officers and employees."
(c) The California Supreme Court, in the case of Vogel v. County
of Los Angeles (1967) 68 Cal.2d 18, struck down the second paragraph
of the oath set forth in the provisions of Section 3 of Article XX of
the California Constitution as an unconstitutional violation of the
rights guaranteed by the First Amendment of the United States
Constitution.
(d) Some applicants for public employment who are loyal citizens
and well qualified for their respective jobs are precluded by their
religious beliefs from taking oaths.
(e) It is necessary to create an appropriate exemption for loyal
and qualified employees and applicants for public employment based on
the fundamental American value of freedom of religion.
SEC. 2. Section 1225.5 is added to the Government Code, to read:
1225.5. (a) Notwithstanding any other provision of law to the
contrary, a public employee or applicant seeking public employment
shall be permitted to decline to take and subscribe the oath required
by Section 3 of Article XX of the California Constitution based on
moral, ethical, or religious beliefs that conflict with his or her
ability to take and subscribe to the oath without mental reservation,
if he or she is otherwise willing and able to uphold the United
States Constitution and the constitution and laws of this state and
to complete the duties of employment. Any person exempted from taking
the oath pursuant to this section shall sign a statement that he or
she declines to take and subscribe the oath required by Section 3 of
Article XX of the California Constitution based on moral, ethical, or
religious beliefs that conflict with his or her ability to take and
subscribe the oath without mental reservation and instead take and
subscribe the following statement:
"I, ____, do solemnly affirm that I will uphold the Constitution
of the United States and the Constitution and all other laws of the
State of California; that I take this obligation freely, without any
mental reservation or purpose of evasion; and that I will well and
faithfully discharge the duties upon which I am about to enter."
(b) The option provided by this section to decline to take and
subscribe the oath required by Section 3 of Article XX of the
California Constitution based on moral, ethical, or religious beliefs
shall not apply to a public officer, employee, or applicant for
public employment who is elected or who serves at the pleasure of an
elected official.
SEC. 3. Section 1360 of the Government Code is amended to read:
1360. Unless otherwise provided, and subject to the limitations
set forth in Section 1225.5, before any officer enters on the duties
of his or her office, he or she shall take and subscribe the oath or
affirmation set forth in Section 3 of Article XX of the Constitution
of California.
SEC. 4. Section 3103 of the Government Code is amended to read:
3103. Subject to the limitations set forth in Section 1225.5, the
oath or affirmation required by this chapter is the oath or
affirmation set forth in Section 3 of Article XX of the Constitution
of California.
SEC. 5. Section 18150 of the Government Code is amended to read:
18150. Subject to the limitations set forth in Section 1225.5,
the oath required by this chapter is the oath set forth in Section 3
of Article XX of the Constitution of California.
