Bill Text: CA AB925 | 2013-2014 | Regular Session | Introduced

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Bill Title: State officer or supervisory employee: personal liability for overpayment of compensation.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB925 Detail]

Download: California-2013-AB925-Introduced.html

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BILL NUMBER: AB 925	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Bigelow and Beth Gaines

                        FEBRUARY 22, 2013

   An act to add Section 1244 to the Government Code, relating to
public employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 925, as introduced, Bigelow. State officer or supervisory
employee: personal liability for overpayment of compensation.
   Existing law provides that an elected public officer, as defined,
who is convicted of one or more specified felonies during the course
of his or her term of office that arise directly from his or her
official duties shall forfeit all rights and benefits under, and
membership in, any public retirement system of which he or she is a
member.
   This bill would provide that a state officer or supervisory
employee who intentionally circumvents statutes or regulations,
resulting in the overpayment or unauthorized payment of compensation
to himself, herself, or others, shall be personally liable for treble
damages, based on the overpayment or unauthorized payment as
determined by a court in a civil action brought by the state, as
specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1244 is added to the Government Code, to read:
   1244.  (a) A state officer or supervisory employee who knowingly
or intentionally circumvents statutory or regulatory policy,
resulting in overpayment or unauthorized payment of compensation by a
state agency to himself or herself, to another employee, or to a
contractor, shall be personally liable for damages upon a finding by
a court of competent jurisdiction that the officer or supervisory
employee intentionally or knowingly committed the acts resulting in
the unauthorized payments.
   (b) The state shall have the right to bring legal action against
the state officer or supervisory employee to recover damages under
this section.
   (c) A state officer or supervisory employee found liable under
subdivision (a) shall be liable for treble damages based on the total
amount of the overpayment or unauthorized payment.
   (d) The damages recovered from the state officer or supervisory
employee pursuant to this section shall be deposited into the General
Fund.