BILL NUMBER: SB 1578CHAPTERED BILL TEXT CHAPTER 227 FILED WITH SECRETARY OF STATE AUGUST 29, 2012 APPROVED BY GOVERNOR AUGUST 29, 2012 PASSED THE SENATE MAY 10, 2012 PASSED THE ASSEMBLY AUGUST 16, 2012 INTRODUCED BY Committee on Governmental Organization (Senators Wright (Chair), Anderson, Berryhill, Calderon, Cannella, Corbett, De Len, Evans, Hernandez, Padilla, Walters, Wyland, and Yee) MARCH 20, 2012 An act to amend Sections 11020, 12302, and 12304 of the Government Code, and to amend Section 830.4 of the Penal Code, relating to the Treasurer. LEGISLATIVE COUNSEL'S DIGEST SB 1578, Committee on Governmental Organization. Treasurer. Existing law requires the Treasurer to, among other things, receive and keep in the vaults of the Treasurer or deposit in banks or credit unions all moneys belonging to the state, keep an account of all moneys received and disbursed, and report daily to the Controller the amounts disbursed during the preceding day and the funds out of which the disbursements were paid. Existing law authorizes the Treasurer to appoint certain officers and employees, as specified. Existing law grants certain employees of the Treasurer' s office when performing assigned duties, as specified, with the powers and authority conferred by law upon peace officers. This bill would modify these provisions by removing the Treasurer' s authority to appoint certain officers and eliminating the powers and authority granted to certain employees of the Treasurer's office. This bill would also require the Treasurer's office to be kept open for business from 8 a.m. until 5 p.m. unless otherwise provided by law. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 11020 of the Government Code is amended to read: 11020. (a) Unless otherwise provided by law, all offices of every state agency shall be kept open for the transaction of business from 8 a.m. until 5 p.m. of each day from Monday to Friday, inclusive, other than legal holidays. However, any state agency or division, branch or office thereof may be kept open for the transaction of business on other hours and on other days than those specified in this subdivision. (b) If this section is in conflict with the a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if the memorandum of understanding requires the expenditure of funds, the memorandum shall not become effective unless approved by the Legislature in the annual Budget Act. (c) Subdivision (a) shall not apply to any fair or association specified under Division 3 (commencing with Section 3001) of the Food and Agricultural Code. SEC. 2. Section 12302 of the Government Code is amended to read: 12302. The Treasurer may appoint one deputy treasurer at the annual salary as the Treasurer shall establish. The Treasurer may also designate and appoint, or terminate the designation and appointment of, any officer or employee of his or her office, in addition to the deputy treasurer, to have the powers and liabilities of a deputy. The appointment or termination of appointment shall be effective upon signing by the Treasurer. The Treasurer may also appoint and fix the salaries, subject to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5), of such officers and employees as may be necessary to carry out the duties of the office. SEC. 3. Section 12304 of the Government Code is amended to read: 12304. Peace officers of the Department of the California Highway Patrol shall make routine inspections of the premises of the Treasurer's office after normal working hours each day and on Saturdays, Sundays, and holidays. SEC. 4. Section 830.4 of the Penal Code is amended to read: 830.4. The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their duties under the conditions as specified by statute. Those peace officers may carry firearms only if authorized and under terms and conditions specified by their employing agency. (a) Members of the California National Guard have the powers of peace officers when they are involved in any or all of the following: (1) Called or ordered into active state service by the Governor pursuant to the provisions of Section 143 or 146 of the Military and Veterans Code. (2) Serving within the area wherein military assistance is required. (3) Directly assisting civil authorities in any of the situations specified in Section 143 or 146. The authority of the peace officer under this subdivision extends to the area wherein military assistance is required as to a public offense committed or which there is reasonable cause to believe has been committed within that area. The requirements of Section 1031 of the Government Code are not applicable under those circumstances. (b) Security officers of the Department of Justice when performing assigned duties as security officers. (c) Security officers of Hastings College of the Law. These officers shall have authority of peace officers only within the City and County of San Francisco. Notwithstanding any other law, the peace officers designated by this subdivision shall not be authorized by this subdivision to carry firearms either on or off duty. Notwithstanding any other law, the act which designated the persons described in this subdivision as peace officers shall serve only to define those persons as peace officers, the extent of their jurisdiction, and the nature and scope of their authority, powers, and duties, and their status shall not change for purposes of retirement, workers' compensation or similar injury or death benefits, or other employee benefits.