BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        AB 630|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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                                      CONSENT 


          Bill No:  AB 630
          Author:   Linder (R)
          Amended:  7/1/15 in Senate
          Vote:     21  

           SENATE GOVERNANCE & FIN. COMMITTEE:  7-0, 7/8/15
           AYES:  Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach,  
            Pavley

          SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

           ASSEMBLY FLOOR:  78-0, 5/14/15 (Consent) - See last page for  
            vote

           SUBJECT:   Public officers and employees: oath of office


          SOURCE:    Author

          DIGEST:   This bill authorizes a county board of supervisors to  
          require the filing of a new oath of office in specified  
          instances. 

          ANALYSIS: 
          
          Existing law:

          1)Requires members of the Legislature and all other public  
            officers and employees of the legislative, executive, and  
            judicial branches to take an oath (or affirmation) to protect  
            and defend the Constitutions of the United States and of the  
            State of California, and to faithfully discharge the duties  
            upon which they are about to enter.  

          2)Makes violating an oath or affirmation a crime.








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          3)Requires these oaths to be kept on file at the clerk's office,  
            and this information is subject to the California Public  
            Records Act.  

          4)Does not require a county officer to take a new oath in the  
            event that the officer changes his or her name, title,  
            department, or delegated authority.

          This bill:

          1)Authorizes 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:

                 Every elected or appointed officer or department head of  
               that county;
                 Every disaster service worker of that county; and,
                 Every appointed deputy of that county.

          1)Allows a county to maintain a record of each person required  
            to file a new oath of office, indicating whether or not the  
            person has complied.  This bill specifies that those records  
            are subject to disclosure under the California Public Records  
            Act. 

          2)Specifies that the powers of an appointed officer of a county  
            are no longer granted upon the officer's departure from  
            office, and authorizes 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.

          3)Makes additional changes to current law, specifically by  
            adding "clerk of the court" to the categories of county  
            officers required to file a copy of his or her official oath,  
            signed with his or her own proper signature, with the  
            Secretary of State as soon as he or she has taken and  
            subscribed his or her oath.

          4)Provides that the failure to file a new oath of office  
            required by a board of supervisors pursuant to this bill's  








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            provisions is not punishable as a crime.

          Background
          
          State law requires members of the Legislature and all other  
          public officers and employees of the legislative, executive, and  
          judicial branches to take an oath (or affirmation).  County  
          clerks are responsible for keeping records documenting oaths  
          taken by most county officers.  State law requires these oaths  
          to be kept on file at the clerk's office, and this information  
          is subject to the California Public Records Act.  

          However, current law does not require a county officer to take a  
          new oath in the event that the officer changes his or her name,  
          title, department, or delegated authority.  In such cases,  
          counties are sometimes left with outdated information on file as  
          to who occupies what public office-a situation which can impede  
          counties' responses to public requests for information.   
          Similarly, if a county officer's delegated authority changes,  
          state law does not explicitly require his or her old authority  
          to be rescinded.

          County clerks and election officials propose changing state law  
          to allow county boards of supervisors to require a new oath be  
          filed for county officers, department heads, disaster service  
          workers, and appointed deputies who change their names,  
          delegated authority, or department while in public office.   
          Furthermore, clerks and election officials suggest amending  
          current law to clarify that an appointed county officer's powers  
          are rescinded when he or she leaves office.

          Comments
          
          1)Purpose of the bill.  Current law does not require a county  
            officer to file a new oath in the event of a name, title, or  
            department change.  This situation leaves counties with  
            outdated information on file that is often untraceable to  
            current staff due to movement between offices, name changes  
            due to marriage, divorce, or other reasons.  When members of  
            the public request evidence of mandated oaths, county clerks  
            either spend an unnecessary amount of time tracking people  
            down based on outdated names, or in most cases, are not able  








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            to comply with the request at all.  AB 630 is a transparency  
            measure that will help counties provide the public with  
            current and accurate public record information in a timely  
            manner by expediting public record searches for public and  
            county clerk staff.  State law already requires a notary  
            public who legally changes his or her name change to submit an  
            application to the Secretary of State to amend their  
            commission and file a new oath with the Secretary of State.   
            This practice makes sense from a policy perspective, since it  
            is in the public interest that public records accurately  
            reflect the legal names, titles, and duties of individuals  
            performing public functions.  AB 630 would further this  
            purpose by enabling counties to compel their officers,  
            disaster workers, and deputies to update their oaths in a  
            similar manner to notaries public in the event of a change of  
            name, title, department, or delegated authority.   

          2)Not a crime.  State law makes it a crime, punishable by  
            imprisonment for up to four years, to knowingly make a false  
            statement of material fact while taking an oath of office, or  
            to take an oath of office and subsequently advocate for the  
            violent overthrow of the United States government.  To avoid  
            exposing some county officers, deputies, and disaster service  
            workers to criminal liability for failing to update their  
            oaths.  The July 1 amendments to this bill clarify that no one  
            can be subject to prosecution under AB 630 for failure to  
            update his or her oath due to a legal change in name,  
            delegated authority, or department.

          3)Mandate. Because AB 630 would result in more people taking an  
            oath of office-the violation of which is a crime-the  
            Legislative Counsel's Office says that this bill expands the  
            scope of an existing crime and therefore imposes a  
            state-mandated local program.  But the bill disclaims the  
            state's responsibility for reimbursing counties for compliance  
            with AB 630.  This disclaimer is consistent with the  
            California Constitution, which provides that the state does  
            not have to reimburse local governments for the costs of new  
            crimes (Article XIIIB, 6[a] [2]).
          
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes








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          SUPPORT:   (Verified8/19/15)



          California Association of Clerks and Elections Officials


          OPPOSITION:   (Verified8/19/15)


          None received

          ASSEMBLY FLOOR:  78-0, 5/14/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Linder, Medina


          Prepared by:Toren Lewis / GOV. & F. / (916) 651-4119
          8/19/15 20:50:06


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