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April 24, 2012 Consultant: Art Terzakis SUBJECT State Treasurer DESCRIPTION SB 1578 makes minor clarifying changes to outdated provisions of law relating to the State Treasurer's Office (STO) in order to modernize its business practices.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 SB 1578 (Committee on Governmental Organization) continued Page 2 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 This language is obsolete and unnecessary.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: SB 1578 (Committee on Governmental Organization) continued Page 3 State Treasurer's Office OPPOSE: None on file as of April 20, 2012. FISCAL COMMITTEE: Senate Appropriations Committee **********