Bill Text: CA AB1948 | 2013-2014 | Regular Session | Enrolled
Bill Title: Counties: officers: qualification for office.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2014-09-30 - Vetoed by Governor. [AB1948 Detail]
Download: California-2013-AB1948-Enrolled.html
BILL NUMBER: AB 1948 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 14, 2014
PASSED THE ASSEMBLY MAY 8, 2014
AMENDED IN ASSEMBLY APRIL 7, 2014
AMENDED IN ASSEMBLY MARCH 25, 2014
INTRODUCED BY Assembly Member Mullin
FEBRUARY 19, 2014
An act to amend Section 13.5 of the Elections Code, and to amend
Sections 27000.6 and 27000.7 of the Government Code, relating to
local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 1948, Mullin. Counties: officers: qualification for office.
Existing law prohibits a person from being considered a legally
qualified candidate for the offices of county auditor, county
district attorney, county sheriff, county superintendent of schools,
judge of the superior court, county treasurer, county tax collector,
or county treasurer-tax collector, unless the person has filed a
declaration of candidacy, nomination paper, or statement of write-in
candidacy, accompanied by documentation, as specified, sufficient to
establish, in the determination of the official with whom the
declaration or statement is filed, that the person meets each
qualification established by specified provisions for service in that
office. Existing law applies these requirements to the office of
county treasurer, county tax collector, and county treasurer-tax
collector, and requires, where the board of supervisors has adopted a
certain ordinance, that a person meet at least one of 5 specified
criteria to be eligible for those offices.
This bill, for elections or appointments on or after January 1,
2015, would extend these provisions to the offices of consolidated
director of finance, the director of finance, and any office
consolidated with the office of treasurer or tax collector of any
county. By imposing new duties on local election officials and
expanding the crime of perjury, this bill would create a
state-mandated local program. The bill would eliminate the condition,
for the application of the requirement that at least one of 5
specified criteria be met, with respect to the offices subject to
that requirement, that the board of supervisors adopt a certain
ordinance.
The bill would revise one of the specified criteria, and would
change the applicability date from January 1, 1998, to January 1,
2015.
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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13.5 of the Elections Code is amended to read:
13.5. (a) (1) Notwithstanding subdivision (a) of Section 13, no
person shall be considered a legally qualified candidate for any of
the offices set forth in subdivision (b) unless that person has filed
a declaration of candidacy, nomination papers, or statement of
write-in candidacy, accompanied by documentation, including, but not
necessarily limited to, certificates, declarations under penalty of
perjury, diplomas, or official correspondence, sufficient to
establish, in the determination of the official with whom the
declaration or statement is filed, that the person meets each
qualification established for service in that office by the provision
referenced in subdivision (b).
(2) The provision of "documentation," for purposes of compliance
with the requirements of paragraph (1), may include the submission of
either an original, as defined in Section 255 of the Evidence Code,
or a duplicate, as defined in Section 260 of the Evidence Code.
(b) This section shall be applicable to the following offices and
qualifications therefor:
(1) For the office of county auditor, the qualifications set forth
in Sections 26945 and 26946 of the Government Code.
(2) For the office of county district attorney, the qualifications
set forth in Sections 24001 and 24002 of the Government Code.
(3) For the office of county sheriff, the qualifications set forth
in Section 24004.3 of the Government Code.
(4) For the office of county superintendent of schools, the
qualifications set forth in Sections 1205 to 1208, inclusive, of the
Education Code.
(5) For the office of judge of the superior court, the
qualifications set forth in Section 15 of Article VI of the
California Constitution.
(6) For the office of county treasurer, county tax collector,
county treasurer-tax collector, consolidated director of finance,
director of finance, or any office consolidated with the office of
treasurer or tax collector of any county, the qualifications set
forth in Section 27000.7 of the Government Code.
SEC. 2. Section 27000.6 of the Government Code is amended to read:
27000.6. The provisions of Sections 27000.8 and 27000.9 shall
become effective only in those counties in which, prior to the first
date of the period for filing declarations of candidacy for the
office of county treasurer, county tax collector, or county
treasurer-tax collector, the board of supervisors by majority vote at
a regular meeting with all members present, enact an ordinance
adopting the provisions of those sections. That ordinance may be
repealed by the board of supervisors at any time.
SEC. 3. Section 27000.7 of the Government Code is amended to read:
27000.7. (a) No person shall be eligible for election or
appointment to the office of county treasurer, county tax collector,
county treasurer-tax collector, consolidated director of finance,
director of finance, or any office consolidated with the office of
treasurer or tax collector of any county unless that person meets at
least one of the following criteria:
(1) The person has served in a senior financial management
position in a county, city, or other public agency dealing with
similar financial responsibilities for a continuous period of not
less than three years, including, but not limited to, treasurer, tax
collector, auditor, auditor-controller, or the chief deputy or an
assistant in those offices.
(2) The person possesses a valid baccalaureate, masters, or
doctoral degree from an accredited college or university in any of
the following major fields of study: business administration, public
administration, economics, finance, accounting, or a related field,
with a minimum of 16 college semester units, or their equivalent, in
accounting, auditing, or finance.
(3) The person possesses a valid certificate issued by the
California Board of Accountancy pursuant to Chapter 1 (commencing
with Section 5000) of Division 3 of the Business and Professions
Code, showing that person to be, and a permit authorizing that person
to practice as, a certified public accountant.
(4) The person possesses a valid charter issued by the Institute
of Chartered Financial Analysts showing the person to be designated a
Chartered Financial Analyst, with a minimum of 16 college semester
units, or their equivalent, in accounting, auditing, or finance.
(5) The person possesses a valid certificate issued by the
Association for Financial Professionals showing the person to be
designated a Certified Treasury Professional, with a minimum of 16
college semester units, or their equivalent, in accounting, auditing,
or finance.
(b) This section shall only apply to any person duly elected or
appointed as a county treasurer, county tax collector, county
treasurer-tax collector, consolidated director of finance, director
of finance, or any office consolidated with the office of treasurer
or tax collector, on or after January 1, 2015.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
