Public officers and employees: oath of office.
Summary
The California Constitution requires Members of the Legislature, and all public officers and employees, to take and subscribe a specified oath of office or affirmation. The California Constitution permits inferior officers and employees to be exempted by law from this requirement. Existing law, in the case of particular officers, requires the oath, after being administered, to be filed in designated offices. This bill would authorize 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 an officer or department head of that county. The bill would authorize the county to maintain a record, subject to disclosure under the California Public Records Act, of each person so required to file a new oath of office, indicating whether or not the person has complied. The bill would specify that failure to comply with this requirement for a new oath or affirmation is not punishable as a crime. This bill would specify that the powers of an appointed officer of a county are no longer granted upon the officer's departure from office, and would authorize 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. Existing law requires the oath or affirmation of disaster service workers to be filed in designated offices. This bill would authorize a county board of supervisors to require a new oath or affirmation to be filed within 10 days of a change in legal name by a disaster service worker of that county. The bill would authorize the county to maintain a record, subject to disclosure under the California Public Records Act, of each person so required to file a new oath of office, indicating whether or not the person has complied. The bill would specify that failure to comply with this requirement for a new oath or affirmation is not punishable as a crime. Existing law requires the written appointment of a deputy of a county official to be filed as specified. This bill would authorize a county board of supervisors to require a new appointment to be filed within 10 days of a legal change in name, delegated authority, or department by an appointed deputy of that county. The bill would authorize the county to maintain a record, subject to disclosure under the California Public Records Act, of each person so required to file a new oath of office, indicating whether or not the person has complied. Violating an oath or affirmation is a crime. Because this bill would expand the scope of an existing crime, 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 no reimbursement is required by this act for a specified reason.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2015
Committee Review
Aug 2015
Assembly Passage
May 2015
Senate Passage
Aug 2015
Signed into Law
Sep 2015
Introduced Feb 24, 2015
Signed Sep 30, 2015
Floor votes · Senate Aug 20, 2015 · Assembly Aug 24, 2015
How they voted
33–0
Passed · 2 other
Total votes 35
Aug 20, 2015
D
Democratic24
95% Yea
R
Republican11
90% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
26
Key actions
9
Committee
11
Amendments
3
Sep 30, 2015
Signed into law
Approved by the Governor.
legislature
Aug 24, 2015
Assembly · Passed
Assembly Vote: pass (74-0-1)
assembly
Aug 24, 2015
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2553.).
lower
Aug 20, 2015
Senate · Passed
Senate Vote: pass (33-0-2)
senate
Aug 20, 2015
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 22 pursuant to Assembly Rule 77.
lower
Aug 17, 2015
Upper · Passed
From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.
upper
Jul 8, 2015
Committee
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (July 8). Re-referred to Com. on APPR.
upper
Jul 1, 2015
Committee
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F.
upper
Jun 24, 2015
Upper · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
upper
May 28, 2015
Committee
Referred to Com. on GOV. & F.
upper
May 6, 2015
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 6).
lower
Apr 28, 2015
Committee
Re-referred to Com. on APPR.
lower
Apr 27, 2015
Lower · Passed
Read second time and amended.
lower
Apr 23, 2015
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 22).
lower
Apr 6, 2015
Committee
Re-referred to Com. on L. GOV.
lower
Mar 26, 2015
Committee
Referred to Com. on L. GOV.
lower
Feb 25, 2015
Lower · Passed
From printer. May be heard in committee March 27.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Eric Linder
RRepublican
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