County government: contract legal counsel: auditor-controller.
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AB 3068 — County government: contract legal counsel: auditor-controller.
Last action — Chaptered by Secretary of State - Chapter 307, Statutes of 2018.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 16, 2018. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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3 sponsors
1 primary, 2 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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Cleared a recorded vote
Passed 8 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
(1) Existing law requires a county board of supervisors, upon request of the county assessor or sheriff, to contract with legal counsel to assist the assessor or sheriff with duties for which the district attorney or county counsel would have a conflict of interest in representing the assessor or sheriff. In the event the board of supervisors does not concur with the assessor or sheriff that a conflict of interest exists, existing law authorizes the county assessor or sheriff to initiate an ex parte proceeding before the presiding judge of the superior court, as provided. This bill would extend these provisions to additionally require the board of supervisors to contract with legal counsel to assist the auditor-controller, as described above. The bill would also, if the presiding judge determines that a conflict exists and the creation of an ethical wall within the county counsel's or district attorney's office is inappropriate, require the presiding judge to select the legal counsel that the board of supervisors employs for the assessor, auditor-controller, or sheriff, as provided. By adding to the duties of county boards of supervisors with respect to contracts for legal counsel, this bill would impose a state-mandated local program. (2) 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.
Bill Text
- Chaptered 09/07/18 - Chaptered Current pdf September 07, 2018
- Enrolled 08/24/18 - Enrolled pdf August 24, 2018
- Amended 04/16/18 - Amended Assembly pdf April 16, 2018
- Introduced 02/16/18 - Introduced pdf February 16, 2018
- AB3068 View text html
Action History
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Chaptered by Secretary of State - Chapter 307, Statutes of 2018.
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Approved by the Governor.
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Enrolled and presented to the Governor at 4 p.m.
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In Assembly. Ordered to Engrossing and Enrolling.
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Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 2. Page 5652.).
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 7. Noes 0.) (August 16).
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In committee: Referred to APPR. suspense file.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 26). Re-referred to Com. on APPR.
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From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 1.) (June 20). Re-referred to Com. on JUD.
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Joint Rule 62(a), file notice suspended. (Page 4717.)
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Referred to Coms. on GOV. & F. and JUD.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 5502.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 16. Noes 0.) (May 25).
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In committee: Set, first hearing. Referred to APPR. suspense file.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 25). Re-referred to Com. on APPR.
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Re-referred to Com. on L. GOV.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.
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Referred to Com. on L. GOV.
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From printer. May be heard in committee March 19.
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Read first time. To print.
Sponsors
- Bates · Cosponsor
- Daly · Primary
- Sharon Quirk-Silva · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 119 not signed on
Sponsors (1)
- Daly
Co-sponsors (2)
- Bates
- Quirk-Silva, Sharon Democratic
Not signed on (119)
119 members have not signed on to this bill.
Show all 119 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 31 | 2 | 0 | 2 |
| Democratic | 5 | 0 | 0 | 0 |
| Total | 36 | 2 | 0 | 2 |
| % of votes cast | 90% | 5% | 0% | 5% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Nay |
| Bates | — | Yea |
| Hernandez | — | Yea |
| Hill | — | Yea |
| Hueso | — | Yea |
| Moorlach | — | Nay |
| Cannella | — | Yea |
| Dodd | — | Yea |
| Fuller | — | Yea |
| Galgiani | — | Yea |
| Chang | — | Yea |
| Glazer | — | Yea |
| De León | — | Yea |
| Hertzberg | — | Yea |
| Delgado | — | Yea |
| Portantino | — | Yea |
| Atkins | — | Yea |
| Mitchell | — | Yea |
| Allen | — | Not Voting |
| Lara | — | Yea |
| Beall | — | Yea |
| Bradford | — | Yea |
| Leyva | — | Yea |
| Monning | — | Yea |
| Morrell | — | Yea |
| Nielsen | — | Yea |
| Pan | — | Yea |
| Roth | — | Yea |
| Skinner | — | Yea |
| Vidak | — | Yea |
| Wieckowski | — | Yea |
| Wilk | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Not Voting |
| Mark Stone | — | Yea |
| Jackson, Corey A. | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Bates | — | Yea |
| Bradford | — | Yea |
| Hill | — | Yea |
| Portantino | — | Yea |
| Beall | — | Yea |
| Nielsen | — | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Bates | — | Yea |
| Bradford | — | Yea |
| Hill | — | Yea |
| Portantino | — | Yea |
| Beall | — | Yea |
| Nielsen | — | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 3 | 2 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Total | 5 | 2 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Nay |
| Moorlach | — | Nay |
| Hertzberg | — | Yea |
| Monning | — | Yea |
| Wieckowski | — | Yea |
| Jackson, Corey A. | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 1 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Total | 6 | 1 | 0 | 0 |
| % of votes cast | 86% | 14% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Hernandez | — | Yea |
| Moorlach | — | Nay |
| Hertzberg | — | Yea |
| Lara | — | Yea |
| Beall | — | Yea |
| McGuire, Mike | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 56 | 0 | 0 | 1 |
| Republican | 6 | 0 | 0 | 0 |
| Democratic | 15 | 0 | 0 | 0 |
| Total | 77 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (78)
| Member | Party | Vote |
|---|---|---|
| Baker | — | Yea |
| Bloom | — | Yea |
| Brough | — | Yea |
| Harper | — | Yea |
| Jones-Sawyer | — | Yea |
| Mathis | — | Yea |
| McCarty | — | Yea |
| Nazarian | — | Yea |
| O'Donnell | — | Yea |
| Quirk | — | Yea |
| Ting | — | Yea |
| Voepel | — | Yea |
| Waldron | — | Yea |
| Chiu | — | Yea |
| Chu | — | Yea |
| Eggman | — | Yea |
| Cunningham | — | Yea |
| Daly | — | Yea |
| Friedman | — | Yea |
| Gloria | — | Yea |
| Chávez | — | Yea |
| Frazier | — | Yea |
| Kiley | — | Yea |
| Maienschein | — | Yea |
| Mayes | — | Yea |
| Wood | — | Yea |
| Gonzalez Fletcher | — | Yea |
| Bigelow | — | Yea |
| Chau | — | Yea |
| Holden | — | Yea |
| Rubio | — | Yea |
| Salas | — | Yea |
| Cooper | — | Yea |
| Melendez | — | Yea |
| Mullin | — | Yea |
| Obernolte | — | Yea |
| Fong | — | Yea |
| Gray | — | Yea |
| Santiago | — | Yea |
| Steinorth | — | Yea |
| Weber | — | Yea |
| Burke | — | Yea |
| Acosta | — | Yea |
| Cooley | — | Yea |
| Kamlager-Dove | — | Yea |
| Levine | — | Yea |
| Low | — | Yea |
| Medina | — | Not Voting |
| Rendon | — | Yea |
| Rodriguez | — | Yea |
| Thurmond | — | Yea |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Yea |
| Mark Stone | — | Yea |
| Travis Allen | — | Yea |
| Wendy Carrillo | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Chen, Phillip | Republican | Yea |
| Choi, Steven S. | Republican | Yea |
| Dahle, Megan | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 0 | 0 | 1 |
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 16 | 0 | 0 | 1 |
| % of votes cast | 94% | 0% | 0% | 6% |
How each member voted (17)
| Member | Party | Vote |
|---|---|---|
| Bloom | — | Yea |
| Brough | — | Not Voting |
| Eggman | — | Yea |
| Friedman | — | Yea |
| Gonzalez Fletcher | — | Yea |
| Fong | — | Yea |
| Bigelow | — | Yea |
| Chau | — | Yea |
| Nazarian | — | Yea |
| Obernolte | — | Yea |
| Quirk | — | Yea |
| Eduardo Garcia | — | Yea |
| Wendy Carrillo | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Gallagher, James | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 3 | 0 | 0 | 0 |
| Unaffiliated | 4 | 0 | 0 | 1 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 8 | 0 | 0 | 1 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Bloom | — | Yea |
| Waldron | — | Yea |
| Cooley | — | Yea |
| Voepel | — | Not Voting |
| Mark Stone | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Lackey, Tom | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 3068 do?
- (1) Existing law requires a county board of supervisors, upon request of the county assessor or sheriff, to contract with legal counsel to assist the assessor or sheriff with duties for which the district attorney or county counsel would have a conflict of interest in representing the assessor or sheriff. In the event the board of supervisors does not concur with the assessor or sheriff that a conflict of interest exists, existing law authorizes the county assessor or sheriff to initiate an ex parte proceeding before the presiding judge of the superior court, as provided. This bill would extend these provisions to additionally require the board of supervisors to contract with legal counsel to assist the auditor-controller, as described above. The bill would also, if the presiding judge determines that a conflict exists and the creation of an ethical wall within the county counsel's or district attorney's office is inappropriate, require the presiding judge to select the legal counsel that the board of supervisors employs for the assessor, auditor-controller, or sheriff, as provided. By adding to the duties of county boards of supervisors with respect to contracts for legal counsel, this bill would impose a state-mandated local program. (2) 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.
- Who sponsors AB 3068?
- AB 3068 is sponsored by Bates, Daly, and Quirk-Silva, Sharon (Democratic).
- What is the current status of AB 3068?
- This bill has been enacted into law. Introduced February 16, 2018. Enacted.
- Where can I track AB 3068?
- Track AB 3068 free on One Click Politics — get push/email alerts when it moves.
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