BILL NUMBER: SB 1578 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Governmental Organization (Senators
Wright (Chair), Anderson, Berryhill, Calderon, Cannella, Corbett, De
León, Evans, Hernandez, Padilla, Walters, Wyland, and Yee)
MARCH 20, 2012
An act to amend Sections 11020, 12302, and 12304 of the Government
Code, and to amend Section 830.4 of the Penal Code, relating to the
Treasurer.
LEGISLATIVE COUNSEL'S DIGEST
SB 1578, as introduced, Committee on Governmental Organization.
Treasurer.
Existing law requires the Treasurer to, among other things,
receive and keep in the vaults of the Treasurer or deposit in banks
or credit unions all moneys belonging to the state, keep an account
of all moneys received and disbursed, and report daily to the
Controller the amounts disbursed during the preceding day and the
funds out of which the disbursements were paid. Existing law
authorizes the Treasurer to appoint certain officers and employees,
as specified. Existing law grants certain employees of the Treasurer'
s office when performing assigned duties, as specified, with the
powers and authority conferred by law upon peace officers.
This bill would modify these provisions by removing the Treasurer'
s authority to appoint certain officers and eliminating the powers
and authority granted to certain employee's of the Treasurer's
office. This bill would also require the Treasurer's office to be
kept open for business from 8 a.m. until 5 p.m. unless otherwise
provided by law.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11020 of the Government Code is amended to
read:
11020. (a) Unless otherwise provided by law, all offices of every
state agency shall be kept open for the transaction of business from
8 a.m. until 5 p.m. of each day from Monday to Friday, inclusive,
other than legal holidays , but the office of Treasurer
shall close one hour earlier . However, any state agency or
division, branch or office thereof may be kept open for the
transaction of business on other hours and on other days than those
specified in this subdivision.
(b) If the provisions of this section
are is in conflict with the provisions
of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1,
the memorandum of understanding shall be controlling without further
legislative action, except that if the provisions of a
memorandum of understanding require
requires the expenditure of funds, the provisions
memorandum shall not become effective unless
approved by the Legislature in the annual Budget Act.
(c) Subdivision (a) shall not apply to any fair or association
specified under Division 3 (commencing with Section 3001) of the Food
and Agricultural Code.
SEC. 2. Section 12302 of the Government Code is amended to read:
12302. The Treasurer may appoint one deputy treasurer at the
annual salary as the Treasurer shall establish. The Treasurer may
also designate and appoint, or terminate the designation and
appointment of, any officer or employee of his or her office, in
addition to the deputy treasurer, to have the powers and liabilities
of a deputy. The appointment or termination of appointment shall be
effective upon signing by the Treasurer. The Treasurer may also
appoint and fix the salaries, subject to the State Civil Service Act
(Part 2 (commencing with Section 18500) of Division 5), of such
officers and employees as may be necessary to carry out the duties of
the office. The Treasurer may appoint as civil executive
officers: one cashier, one bond officer, one deposit officer, one
vault officer, one principal accountant, one bookkeeper, and one
secretary-stenographer.
SEC. 3. Section 12304 of the Government Code is amended to read:
12304. Every employee of the Treasurer's office when
performing assigned duties as a guard or messenger has the powers and
authority conferred by law upon peace officers listed in Section
830.4 of the Penal Code. Peace officers of the Department
of the California Highway Patrol shall make routine inspections of
the premises of the Treasurer's office after normal working hours
each day and on Saturdays, Sundays, and holidays.
SEC. 4. Section 830.4 of the Penal Code is amended to read:
830.4. The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
duties under the conditions as specified by statute. Those peace
officers may carry firearms only if authorized and under terms and
conditions specified by their employing agency.
(a) Members of the California National Guard have the powers of
peace officers when they are involved in any or all of the following:
(1) Called or ordered into active state service by the Governor
pursuant to the provisions of Section 143 or 146 of the Military and
Veterans Code.
(2) Serving within the area wherein military assistance is
required.
(3) Directly assisting civil authorities in any of the situations
specified in Section 143 or 146.
The authority of the peace officer under this subdivision extends
to the area wherein military assistance is required as to a public
offense committed or which there is reasonable cause to believe has
been committed within that area. The requirements of Section 1031 of
the Government Code are not applicable under those circumstances.
(b) Guards and messengers of the Treasurer's office when
performing assigned duties as a guard or messenger.
(c)
(b) Security officers of the Department of Justice when
performing assigned duties as security officers.
(d)
(c) Security officers of Hastings College of the Law.
These officers shall have authority of peace officers only within the
City and County of San Francisco. Notwithstanding any other
provisions of law, the peace officers designated by this
subdivision shall not be authorized by this subdivision to carry
firearms either on or off duty. Notwithstanding any other
provision of law, the act which designated the persons
described in this subdivision as peace officers shall serve only to
define those persons as peace officers, the extent of their
jurisdiction, and the nature and scope of their authority, powers,
and duties, and there shall be no change in the status of
those persons their status shall not change for
purposes of retirement, workers' compensation or similar injury or
death benefits, or other employee benefits.