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AB-1608 County officers: consolidation of offices.(2021-2022)

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Date Published: 06/30/2022 09:00 PM
AB1608:v97#DOCUMENT

Amended  IN  Senate  June 30, 2022
Amended  IN  Assembly  April 07, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1608

Introduced by Assembly Members Gipson and Akilah Weber
(Coauthors: Assembly Members Cristina Garcia, Bauer-Kahan, Mia Bonta, and Bryan)
(Coauthors: Senators Becker, Pan, and Wieckowski) Wieckowski, and Wiener)

January 04, 2022

An act to amend Sections 24300, 24304, and 24304.1 of of, and to add Section 24309 to, the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


AB 1608, as amended, Gipson. County officers: consolidation of offices.
Existing law authorizes the board of supervisors of a county to consolidate the duties of various county offices in various combinations, including combining the duties of the sheriff and the coroner. Existing law also authorizes the board of supervisors of a county to separate the duties of consolidated offices.
This bill would remove the board of supervisors’ authority to combine the duties of the sheriff with the duties of the coroner. The bill would also remove the board of supervisors’ authority to combine the duties of the tax collector with the duties of the coroner. The bill would require the board of supervisors of a county where the offices of sheriff and coroner were consolidated before January 1, 2023, to separate those offices, in which case the separation would become effective upon the conclusion of the term of the person elected or appointed, on or before January 1, 2023, to the consolidated offices of sheriff and coroner. By requiring counties to comply with these requirements, this bill would impose a state-mandated local program.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 24300 of the Government Code is amended to read:

24300.
 By ordinance the board of supervisors may consolidate the duties of certain of the county offices in one or more of these combinations:
(a) Sheriff and tax collector.
(b) Auditor and recorder.
(c) County clerk, auditor, and recorder.
(d) County clerk and public administrator.
(e) County clerk and recorder.
(f) County clerk and auditor.
(g) Treasurer and tax collector.
(h) Treasurer and recorder.
(i) Treasurer and assessor.
(j) Treasurer and public administrator.
(k) Public administrator and coroner.
(l) District attorney and public administrator.
(m) District attorney and coroner.
(n) Sheriff and public administrator.
(o) County agricultural commissioner and county sealer of weights and measures.
(p) Road commissioner and surveyor. A county may create an office entitled public works director, combining the duties of road commissioner and surveyor and any other compatible duties not legally required to be performed by another county officer.
(q) County surveyor and director of transportation.
By the ordinance that consolidates the duties of the appointive county offices described in subdivision (o), notwithstanding Section 2122 and Sections 2181 to 2187, inclusive, of the Food and Agricultural Code, and Sections 12200 and 12214 of the Business and Professions Code, the board of supervisors may provide that the first term only of the newly consolidated office expires when the first of the remaining unexpired terms of the two unconsolidated offices would have expired. Where a vacancy in either of the unconsolidated offices exists the term of office of the newly consolidated office shall be the longer of the remaining unexpired terms.

SEC. 2.

 Section 24304 of the Government Code is amended to read:

24304.
 Notwithstanding the provisions of Section 24300, in counties of the 13th to 58th classes, inclusive, the board of supervisors by ordinance may consolidate the duties of certain of the county offices in one or more of these combinations:
(a) Sheriff and tax collector.
(b) Auditor and recorder.
(c) County clerk, auditor, and recorder.
(d) County clerk and public administrator.
(e) County clerk and recorder.
(f) County clerk and auditor.
(g) Treasurer and tax collector.
(h) Treasurer and recorder.
(i) Treasurer and assessor.
(j) Treasurer and public administrator.
(k) Public administrator and coroner.
(l) District attorney and public administrator.
(m) District attorney and coroner.
(n) Sheriff and public administrator.
(o) County agricultural commissioner and county sealer of weights and measures.
(p) County clerk and tax collector.
(q) Treasurer, tax collector, and recorder.
(r) Coroner and health officer.
(s) Road commissioner and surveyor. A county may create an office entitled public works director, combining the duties of road commissioner and surveyor and any other compatible duties not legally required to be performed by another county officer.
(t) Coroner and public administrator.
(u) Treasurer, tax collector, and public administrator.
(v) County clerk, assessor, and recorder.
(w) Assessor and recorder.
(x) Tax collector/county clerk and treasurer.

SEC. 3.

 Section 24304.1 of the Government Code is amended to read:

24304.1.
 Notwithstanding the provisions of Section 24300, in counties of the 11th class, the board of supervisors by ordinance may consolidate the duties of certain of the county offices, as follows:
(a) County clerk, assessor, and recorder.
(b) Either of the following:
(1) Sheriff and public administrator.
(2) Coroner and public administrator.

SEC. 4.

 Section 24309 is added to the Government Code, to read:

24309.
 Notwithstanding any other law, if the offices of sheriff and coroner were consolidated pursuant to this chapter before January 1, 2023, the board of supervisors shall separate those offices. The separation shall become effective upon the conclusion of the term of the person elected or appointed, on or before January 1, 2023, to the consolidated offices of sheriff and coroner.

SEC. 5.

 If the Commission on State Mandates determines that this act contains 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.