BILL ANALYSIS Ó AB 630 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 630 (Linder) As Amended July 1, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |78-0 |(May 14, 2015) |SENATE: |38-0 |(August 20, | | | | | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: L. GOV. SUMMARY: Allows a county board of supervisors to require the filing of a new oath of office. The Senate amendments: 1)Allow 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 with the requirements, pursuant to this bill's provisions. 2)Clarify that any record maintained pursuant to this bill's provisions is a public record subject to disclosure under the California Public Records Act. AB 630 Page 2 3)Clarify that failure of an elected or appointed officer or department head, or a disaster service worker, to file a new oath of office pursuant to this bill's provisions shall not be punishable as a crime. FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS: 1)Bill Summary. This bill allows a county board of supervisors to require a new oath or affirmation to be filed within 10 days of a county employee changing, his or her name, delegated authority, or department, and would apply to every elected or appointed county officer or department head, disaster service worker, and county appointed deputy. This bill also allows a county board of supervisors to require an appointing authority to file a revocation with the county clerk in the event of an officer's departure from office, thus giving notice to the county clerk when an elected or appointed officer leaves office so that the records can be updated. This bill additionally allows a county to maintain a record of each person required to file a new oath of office, and to indicate whether the person has complied, and clarifies that any record maintained in this manner is a public record that is subject to disclosure under the California Public Records Act. Failure to file a new oath of office pursuant to the bill's provisions shall not be punishable as a crime. This bill is sponsored by the California Association of Clerks and Election Officials (CACEO). 2)Author's Statement. According to the author, "AB 630 attempts to update and clarify existing law in regards to the filing of required oaths for public office at the county level. Under current law, a loyalty oath is administered by the county clerk and is retained on file as public record for that local official and must be presented upon request according to the California Public Records Act. AB 630 Page 3 "Current law does not require the filing of a new oath in the event of a name, title, or department change. The existing process has left counties with outdated information on file that is often untraceable to current staff based on movement between offices or name change due to marriage, divorce, or other reasons. When members of the public question the validity of their county officials and 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, they are not able to comply with the request at all." 3)Arguments in Support. CACEO, the sponsor, notes that "The existing process left the county with outdated information on file that was often untraceable to current staff based on movement between offices or name change due to marriage, divorce, or other reasons." 4)Arguments in Opposition. None on file. Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958 FN: 0001345