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AB-925 State officer or supervisory employee: personal liability for overpayment of compensation.(2013-2014)

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CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 925


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   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.