Amended in Assembly April 7, 2014

Amended in Assembly March 25, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1948

Introduced by Assembly Member Mullin

February 19, 2014

An act to amend Section 13.5 of the Elections Code, and to amend Sections 27000.6 and 27000.7 of the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

AB 1948, as amended, Mullin. Counties: officers: qualification for office.

Existing law prohibits a person from being considered a legally qualified candidate for the offices of county auditor, county district attorney, county sheriff, county superintendent of schools, judge of the superior court, county treasurer, county tax collector, or county treasurer-tax collector, unless the person has filed a declaration of candidacy, nomination paper, or statement of write-in candidacy, accompanied by documentation, as specified, sufficient to establish, in the determination of the official with whom the declaration or statement is filed, that the person meets each qualification established by specified provisions for service in that office. Existing law applies these requirements to the office of county treasurer, county tax collector, and county treasurer-tax collector, and requires, where the board of supervisors has adopted a certain ordinance, that a person meet at least one of 5 specified criteria to be eligible for those offices.

This begin delete bill would end delete begin insert bill, end insert for elections or appointments on or after January 1, 2015, begin insert would end insert extend these provisions to the offices of consolidated director of finance, the director of finance, and any office consolidated with the office of treasurer or tax collector of any county. By imposing new duties on local election officials and expanding the crime of perjury, this bill would create a state-mandated local program. The bill would eliminate the condition, for the application of the requirement that at least one of 5 specified criteria be met, with respect to the offices begin delete of the county treasurer, county tax collector, and county treasurer-tax collector, end delete begin insert subject to that requirement, end insert that the board of supervisors adopt begin insert a end insert certain ordinance.

The bill would revise one of the specified criteria, and would change the applicability date from January 1, 1998, to January 1, 2015.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 13.5 of the Elections Code is amended
to read:

13.5.  

(a) (1) Notwithstanding subdivision (a) of Section 13,
no person shall be considered a legally qualified candidate for any
of the offices set forth in subdivision (b) unless that person has
filed a declaration of candidacy, nomination papers, or statement
of write-in candidacy, accompanied by documentation, including,
but not necessarily limited to, certificates, declarations under
penalty of perjury, diplomas, or official correspondence, sufficient
to establish, in the determination of the official with whom the
declaration or statement is filed, that the person meets each
qualification established for service in that office by the provision
referenced in subdivision (b).

(2) The provision of “documentation,” for purposes of
compliance with the requirements of paragraph (1), may include
the submission of either an original, as defined in Section 255 of
the Evidence Code, or a duplicate, as defined in Section 260 of
the Evidence Code.

(b) This section shall be applicable to the following offices and
qualifications therefor:

(1) For the office of county auditor, the qualifications set forth
in Sections 26945 and 26946 of the Government Code.

(2) For the office of county district attorney, the qualifications
set forth in Sections 24001 and 24002 of the Government Code.

(3) For the office of county sheriff, the qualifications set forth
in Section 24004.3 of the Government Code.

(4) For the office of county superintendent of schools, the
qualifications set forth in Sections 1205 to 1208, inclusive, of the
Education Code.

(5) For the office of judge of the superior court, the
qualifications set forth in Section 15 of Article VI of the California
Constitution.

(6) For the begin insert office of county treasurer, county tax collector, end insert
county treasurer-tax collector, consolidated director of finance,
director of finance, or any office consolidated with the office of
treasurer or tax collector of any county, the qualifications set forth
in Section 27000.7 of the Government Code.

SEC. 2.  

Section 27000.6 of the Government Code is amended
to read:

27000.6.  

The provisions of Sections 27000.8 and 27000.9 shall
become effective only in those counties in which, prior to the first
date of the period for filing declarations of candidacy for the office
of county treasurer, county tax collector, or county treasurer-tax
collector, the board of supervisors by majority vote at a regular
meeting with all members present, enact an ordinance adopting
the provisions of those sections. That ordinance may be repealed
by the board of supervisors at any time.

SEC. 3.  

Section 27000.7 of the Government Code is amended
to read:

27000.7.  

(a) No person shall be eligible for election or
appointment to the office of county treasurer, county tax collector,
county treasurer-tax collector, consolidated director of finance,
director of finance, or any office consolidated with the office of
treasurer or tax collector of any county unless that person meets
at least one of the following criteria:

(1) The person has served in a senior financial management
position in a county, city, or other public agency dealing with
similar financial responsibilities for a continuous period of not less
than three years, including, but not limited to, treasurer, tax
collector, auditor, auditor-controller, or the chief deputy or an
assistant in those offices.

(2) The person possesses a valid baccalaureate, masters, or
doctoral degree from an accredited college or university in any of
the following major fields of study: business administration, public
administration, economics, finance, accounting, or a related field,
with a minimum of 16 college semester units, or their equivalent,
in accounting, auditing, or finance.

(3) The person possesses a valid certificate issued by the
California Board of Accountancy pursuant to Chapter 1
(commencing with Section 5000) of Division 3 of the Business
and Professions Code, showing that person to be, and a permit
authorizing that person to practice as, a certified public accountant.

(4) The person possesses a valid charter issued by the Institute
of Chartered Financial Analysts showing the person to be
designated a Chartered Financial Analyst, with a minimum of 16
college semester units, or their equivalent, in accounting, auditing,
or finance.

(5) The person possesses a valid certificate issued by the
Association for Financial Professionals showing the person to be
designated a Certified Treasury Professional, with a minimum of
16 college semester units, or their equivalent, in accounting,
auditing, or finance.

(b) This section shall only apply to any person duly elected or
appointed as a county treasurer, county tax collector, county
treasurer-tax collector, consolidated director of finance, director
of finance, or any office consolidated with the office of treasurer
or tax collector, on or after January 1, 2015.

SEC. 4.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.