BILL ANALYSIS                                                                                                                                                                                                    Ó






                                                       Bill No:  SB 
          1578
          
                 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                       Senator Roderick D. Wright, Chair
                           2011-2012 Regular Session
                                 Staff Analysis



          SB 1578  Author:  Committee on Governmental Organization
          As Introduced:  March 20, 2012
          Hearing Date:  April 24, 2012
          Consultant:  Art Terzakis


                                     SUBJECT  
                                State Treasurer

                                   DESCRIPTION
           
          SB 1578 makes minor clarifying changes to outdated 
          provisions of law relating to the State Treasurer's Office 
          (STO) in order to modernize its business practices.

                                   EXISTING LAW

           Existing law requires the STO to close at 4:00 p.m. 
          (Government Code Section 11020)

          Existing law, among other things, authorizes the Treasurer 
          to 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.  (Government Code Section 12302)

          Existing law provides STO employees who are performing 
          guard or messenger duties with the powers and authority 
          conferred by law upon peace officers.  (Government Code 
          Section 12304)

                                    BACKGROUND
           
           Purpose of SB 1578:   This measure would delete portions of 
          three separate Government Code provisions and a 
          corresponding Penal Code provision which are obsolete and 




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          impact the STO.  These existing provisions of law are not 
          consistent with current STO business practice and 
          necessitate deletion to avoid any conflicts that could 
          arise if STO staff followed the letter of the law.  

           Staff Comments:   Government Code Section 11020 currently 
          requires the STO to close at 4:00 p.m. This statute was 
          relevant when the STO operated like a bank, and actually 
          had a "teller" window.  Modifying this provision brings the 
          STO in line with actual practice - the STO stays open until 
          5:00 p.m.  

          Government Code Section 12302, among other things, 
          currently authorizes the Treasurer to 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. 
           This language is obsolete and unnecessary. SB 1578 would 
          strike reference to these positions. 

          Government Code Section 12304 currently provides STO 
          employees who are performing guard or messenger duties with 
          the powers and authority conferred by law upon peace 
          officers. This particular provision of law made sense when 
          the cash window in the STO lobby functioned - redeeming 
          state-issued bonds and cashing state payroll checks but not 
          in this day and age - the STO currently does not employ 
          peace officers for such work. The state vault is still 
          housed in the Treasurer's building but, much to the chagrin 
          of the elementary students who tour the vault, it's full of 
          boxed unclaimed personal property not pallets of gold bars 
          and stacks of Benjamins - U.S. one hundred dollar bill 
          ($100). 

          This measure would delete the above-referenced provision 
          relating to STO employees who perform guard or messenger 
          duties and require a corresponding deletion to a portion of 
          the Penal Code Section 830.4.  

          SB 1578 is technical and clarifying in nature - it would 
          have no fiscal, programmatic, or policy impact to the STO 
          or any other State agency and rightfully belongs in an 
          Omnibus bill.

           SUPPORT:   As of April 20, 2012:





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          State Treasurer's Office

           OPPOSE:   None on file as of April 20, 2012.

           FISCAL COMMITTEE:   Senate Appropriations Committee

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