Bill Text: CA AB1948 | 2013-2014 | Regular Session | Amended

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

---

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-Amended.html

---

BILL NUMBER: AB 1948	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 25, 2014

INTRODUCED BY   Assembly Member Mullin

                        FEBRUARY 19, 2014

   An act to amend Section 13.5  to   of 
the Elections Code, and to amend  Section  
Sections 27000.6 and  27000.7 of the Government Code, relating
to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1948, as amended, 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 would  for elections or appointments on or after
January 1, 2015,  extend these  requirements 
 provisions  to the offices of consolidated director of
finance  and   , 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 of the county treasurer, county tax collector,
and county treasurer-tax collector, that the board of supervisors
adopt certain ordinance.  
   Existing law requires that a person meet at least one of 5
specified criteria to be eligible for election or appointment to the
office of county treasurer, county tax collector, or county
treasurer-tax collector of any county elected or appointed on or
after January 1, 1998. 
    This bill would extend these requirements to the offices
of consolidated director of finance and director of finance of any
county.  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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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,  or  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,
provided that the board of supervisors has adopted the provisions of
that section pursuant to Section 27000.6 of the Government 
Code.
   SEC. 2.    Section 27000.6 of the  
Government Code   is amended to read: 
   27000.6.  The provisions of Sections  27000.7, 27000.8,
  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. 2.   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,
 or  director of finance,  or any office
consolidated with the office of treasurer or tax collector  of
any county unless that person  meets the requirements of
Section 13.5 of the Elections Code and  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  Cash Manager
 , 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. 3.   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.