BILL NUMBER: AB 1318 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 22, 2005
AMENDED IN SENATE MAY 16, 2005
INTRODUCED BY Assembly Member Evans
FEBRUARY 22, 2005
An act to amend Section 24011 of Sections
24011 and 24300 of, and to add Sections 24304.2 and 27550.2 to,
the Government Code, relating to county officers.
LEGISLATIVE COUNSEL'S DIGEST
AB 1318, as amended, Evans. County officers: public
administrators.
Existing
(1) Existing law authorizes the
boards of supervisors of specified counties to provide, by ordinance,
that the public administrator be appointed by the board. Existing
law also authorizes the boards of supervisors of specified counties,
by ordinance, to appoint the same person to the offices of public
administrator, veteran service officer, and public guardian.
This bill would include Sonoma County within those counties whose
boards of supervisors are authorized to provide for the appointment
of the public administrator by the board and within those counties
whose boards of supervisors are authorized to appoint the same person
to the offices of public administrator, veteran service officer, and
public guardian.
This
(2) Existing law authorizes the board of supervisors, by
ordinance, to consolidate the duties of certain county offices.
Existing law requires the county surveyor to be elected unless the
board of supervisors of the county provide for the surveyor's
appointment by ordinance.
This bill would authorize the board of supervisors, by ordinance,
to consolidate the duties of the county surveyor and the Director of
Transportation. The bill would specify that for Solano County, the
county surveyor is not an elected position and may be appointed by
the Director of Transportation if the board of supervisors have so
provided for that appointment by ordinance and the surveyor, if so
appointed, would serve at the will of the director.
This bill would authorize the Sonoma County Board of Supervisors,
by ordinance, to consolidate the duties of the offices of
Auditor-Controller and Treasurer-Tax Collector into the elected
office of Auditor-Controller-Treasurer-Tax Collector.
(3) This bill would incorporate
additional changes in Section 24011 of the Government Code, proposed
by SB 282, to be operative only if SB 282 and this bill are both
chaptered and become effective on or before January 1, 2006, and this
bill is chaptered last.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 24011 of the Government Code is amended to
read:
24011.
Notwithstanding the provisions of Section 24009:
(a) The Boards of Supervisors of Glenn County, Madera County,
Mendocino County, Napa County, Solano County, Sonoma County, Trinity
County, Tuolumne County, and Lake County may, by ordinance, provide
that the public administrator shall be appointed by the board.
(b) The Boards of Supervisors of Madera County, Mendocino County,
Napa County, Trinity County, Tuolumne County, and Lake County may
appoint the same person to the offices of public administrator,
veteran service officer, and public guardian. The Boards of
Supervisors of Glenn County, Solano County, and Sonoma County may, by
ordinance, appoint the same person to the offices of public
administrator and public guardian.
(c) The Boards of Supervisors of Glenn County, Madera County,
Mendocino County, Napa County, Trinity County, Tuolumne County, and
Lake County may separate the consolidated offices of district
attorney and public administrator at any time in order to make the
appointments permitted by this section. Upon approval by the board of
supervisors, the officer elected to these offices at any time may
resign, or decline to qualify for, the office of public administrator
without resigning from, or declining to qualify for, the office of
district attorney.
SEC. 2. Section 24011 of the Government Code is amended to read:
24011.
Notwithstanding the provisions of Section 24009:
(a) The Boards of Supervisors of Glenn County, Lassen County,
Madera County, Mendocino County, Monterey County, Napa County, Solano
County, Sonoma County, Trinity County, Tuolumne County, and Lake
County may, by ordinance, provide that the public administrator shall
be appointed by the board.
(b) The Boards of Supervisors of Madera County, Mendocino County,
Napa County, Trinity County, Tuolumne County, and Lake County may
appoint the same person to the offices of public administrator,
veteran service officer, and public guardian. The Board
Boards of Supervisors of Glenn County ,
Lassen County, Monterey County, Solano County, and Sonoma
County may, by ordinance, appoint the same person to the offices of
public administrator and public guardian.
(c) The Boards of Supervisors of Glenn County, Lassen County,
Madera County, Mendocino County, Napa County, Trinity County,
Tuolumne County, and Lake County may separate the consolidated
offices of district attorney and public administrator at any time in
order to make the appointments permitted by this section. Upon
approval by the board of supervisors, the officer elected to these
offices at any time may resign, or decline to qualify for, the office
of public administrator without resigning from, or declining to
qualify for, the office of district attorney.
SEC. 3. Section 24300 of the Government
Code is amended to read:
24300.
By ordinance the board of supervisors may consolidate the duties
of certain of the county offices in one or more of these
combinations:
(a) Sheriff and tax collector.
(b) Auditor and recorder.
(c) County clerk, auditor, and recorder.
(d) County clerk and public administrator.
(e) County clerk and recorder.
(f) County clerk and auditor.
(g) Treasurer and tax collector.
(h) Treasurer and recorder.
(i) Treasurer and assessor.
(j) Treasurer and public administrator.
(k) Public administrator and coroner.
(l) District attorney and public administrator.
(m) District attorney and coroner.
(n) Sheriff and coroner.
(o) Sheriff and public administrator.
(p) County agricultural commissioner and county sealer of weights
and measures.
(q) Road commissioner and surveyor. A county may create an office
entitled public works director, combining the duties of road
commissioner and surveyor and any other compatible duties not legally
required to be performed by another county officer.
(r) County surveyor and director of transportation.
By the ordinance which that
consolidates the duties of the appointive county offices described in
subdivision (p), notwithstanding Section 2122 and Sections 2181 to
2187, inclusive, of the Food and Agricultural Code, and Sections
12200 and 12214 of the Business and Professions Code, the board of
supervisors may provide that the first term only of the newly
consolidated office expires when the first of the remaining unexpired
terms of the two unconsolidated offices would have expired. Where a
vacancy in either of the unconsolidated offices exists the term of
office of the newly consolidated office shall be the longer of the
remaining unexpired terms.
SEC. 4. Section 24304.2 is added to the
Government Code , to read:
24304.2.
Notwithstanding Section 24300, in Sonoma County, the board of
supervisors, by ordinance, may consolidate the duties of the offices
of Auditor-Controller and Treasurer-Tax Collector into the elected
office of Auditor-Controller-Treasurer-Tax Collector.
SEC. 5. Section 27550.2 is added to the
Government Code , to read:
27550.2.
Notwithstanding Section 27550, in Solano County, the county
surveyor is not an elected position and may be appointed by the
Director of Transportation if the board of supervisors have so
provided by ordinance for that appointment. If so appointed, the
surveyor shall serve at the will of the director.
SEC. 3. SEC. 6.
Section 2 of this bill incorporates amendments to Section 24011 of
the Government Code proposed by both this bill and Senate Bill 282.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2006, (2) each bill amends
Section 24011 of the Government Code, and (3) this bill is enacted
after Senate Bill 282, in which case Section 1 of this bill shall not
become operative.