Bill Text: CA AB630 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Public officers and employees: oath of office.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2015-09-30 - Chaptered by Secretary of State - Chapter 365, Statutes of 2015. [AB630 Detail]

Download: California-2015-AB630-Amended.html

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BILL NUMBER: AB 630	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 27, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Linder

                        FEBRUARY 24, 2015

   An act to amend Sections 1363, 3105, and 24102 of the Government
Code, relating to public employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 630, as amended, Linder. Public officers and employees: oath of
office.
   The California Constitution requires Members of the Legislature,
and all public officers and employees, to take and subscribe a
specified oath of office or affirmation. The California Constitution
permits inferior officers and employees to be exempted by law from
this requirement. Existing law, in the case of particular officers,
requires the oath, after being administered, to be filed in
designated offices.
   This bill would authorize a county board of supervisors to require
a new oath or affirmation to be filed within 10 days of a legal
change in name, delegated authority, or department by an officer or
department head of that county. This bill would specify that the
powers of an appointed officer of a county are no longer granted upon
the officer's departure from office, and would authorize a county
board of supervisors to require the appointing authority to rescind
these powers in writing by filing a revocation in the same manner as
the oath of office was filed.
   Existing law requires the oath or affirmation of disaster service
workers to be filed in designated offices.
   This bill would authorize a county board of supervisors to require
a new oath or affirmation to be filed within 10 days of a change in
legal name by a disaster service worker of that county.
   Existing law requires the written appointment of a deputy of a
county official to be filed as specified.
   This bill would authorize a county board of supervisors to require
a new appointment to be filed within 10 days of a legal change in
name, delegated authority, or department by an appointed deputy of
that county.
   Violating an oath or affirmation is a crime. Because this bill
would expand the scope of an existing crime, this bill would impose a
state-mandated local program
   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 no reimbursement is required by this
act for a specified reason.
   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 1363 of the Government Code is amended to read:

   1363.  (a) Unless otherwise provided, every oath of office
certified by the officer before whom it was taken shall be filed
within the time required as follows:
   (1) The oath of all officers whose authority is not limited to any
particular county, in the office of the Secretary of State.
   (2) The oath of all officers elected or appointed for any county,
and, except as provided in paragraph (4), of all officers whose
duties are local, or whose residence in any particular county is
prescribed by law, in the office of the county clerk of their
respective counties.
   (3) Each judge of a superior court,  the county clerk, 
the clerk of the court, the executive officer or court administrator
of the superior court, and the recorder shall file a copy of his or
her official oath, signed with his or her own proper signature, in
the office of the Secretary of State as soon as he or she has taken
and subscribed his or her oath.
   (4) The oath of all officers for any independent special district,
as defined in Section 56044, in the office of the clerk or secretary
of that district.
   (b) In its discretion, the board of supervisors of a county may
require every elected or appointed officer or department head of that
county who legally changes his or her name, delegated authority, or
department, within 10 days from the date of the change, to file a new
oath of office in the same manner as the original filing.
   (c) Every oath of office filed pursuant to this section with the
Secretary of State shall include the expiration date of the officer's
term of office, if any. In the case of an oath of office for an
appointed officer, if there is no expiration date set forth in the
oath, or the officer leaves office before the expiration date, the
appointing authority shall report in writing to the Secretary of
State the officer's date of departure from office.
   (d) The powers of an appointed officer of a county are no longer
granted upon the officer's departure from office. In its discretion,
the board of supervisors of a county may require the appointing
authority to rescind these powers in writing by filing a revocation
in the same manner as the oath of office was filed.
  SEC. 2.  Section 3105 of the Government Code is amended to read:
   3105.  (a) The oath or affirmation of any disaster service worker
of the state shall be filed as prescribed by State Personnel Board
rule within 30 days of the date on which it is taken and subscribed.
   (b) The oath or affirmation of any disaster service worker of any
county shall be filed in the office of the county clerk of the county
or in the official department personnel file of the county employee
who is designated as a disaster service worker.
   (c) The oath or affirmation of any disaster service worker of any
city shall be filed in the office of the city clerk of the city.
   (d) The oath or affirmation of any disaster service worker of any
other public agency, including any district, shall be filed with any
officer or employee of the agency that may be designated by the
agency.
   (e) In its discretion, the board of supervisors of a county may
require every disaster service worker of that county who legally
changes his or her name, within 10 days from the date of the change,
to file a new oath or affirmation in the same manner as the original
filing.
   (f) The oath or affirmation of any disaster service worker may be
destroyed without duplication five years after the termination of the
disaster service worker's service or, in the case of a public
employee, five years after the termination of the employee's
employment.
  SEC. 3.  Section 24102 of the Government Code is amended to read:
   24102.  (a) An appointee shall not act as deputy until:
   (1) A written appointment by the deputy's principal is filed with
the county clerk.
   (2) A copy of the appointment is filed with the county auditor, if
the auditor has so requested.
   (3) The deputy has taken the oath of office.
   (b) In its discretion, the board of supervisors of a county may
require every appointed deputy of that county who legally changes his
or her name, delegated authority, or department, within 10 days from
the date of the change, to file a new appointment in the same manner
as the original filing.
    (c) A revocation of the appointment of any deputy shall be made
and filed in the same manner as the appointment.
   (d) Five years after the date of revocation of appointment of a
deputy, the written oath of office subscribed to by such deputy may
be destroyed and no reproduction thereof need be made or preserved.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because 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.