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SB-17 State service: disqualification: workers’ compensation fraud.(2003-2004)

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CALIFORNIA LEGISLATURE— 2003–2004 4th Ext.

Senate Bill
No. 17

Introduced  by  Senator Brulte

April 26, 2004

An act to add Chapter 1.5 (commencing with Section 18100) to Part 1 of Division 5 of Title 2 of the Government Code, relating to state service.


LEGISLATIVE COUNSEL'S DIGEST


SB 17, as introduced, Brulte. State service: disqualification: workers’ compensation fraud.
Existing workers’ compensation law generally requires employers to secure the payment of workers’ compensation, including medical treatment, for injuries incurred by their employees that arise out of, or in the course of, employment. Existing law makes workers’ compensation fraud a crime.
Existing law provides for the appointment of officers and employees of the state.
This bill would disqualify a person who is convicted of a crime relating to workers’ compensation fraud from holding any appointed state office or employment.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Chapter 1.5 (commencing with Section 18100) is added to Part 1 of Division 5 of Title 2 of the Government Code, to read:
CHAPTER  1.5. Disqualification

18100.
 (a) (1) Notwithstanding any provision of law to the contrary, a person who is convicted of violating Section 1871.4 of the Insurance Code, or is convicted of any other crime relating to workers’ compensation fraud, is disqualified from holding any appointed state office or employment.
(2) This subdivision applies to all appointed officers or employees of the executive, legislative, and judicial branches of state government, including, but not limited to, the University of California, the California State University, and the California Community Colleges.
(b) This section prohibits the new appointment of a person to a state office or employment after January 1, 2005, without regard to the date of the conviction or of the underlying fraud.
(c) This section requires removal of an officer or employee who is convicted for an act that occurred after January 1, 2005.
(d) For an officer or employee who is holding office or employed with the state immediately preceding January 1, 2005, this section does not require removal for a conviction that is based upon fraud that occurred prior to January 1, 2005. If, however, there is a subsequent break in service, this section precludes any new appointment after the break in service, regardless of the date of the conviction or of the underlying fraud.