BILL NUMBER: SB 806	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 1, 2011

INTRODUCED BY   Committee on Veterans Affairs (Senators Correa
(Chair), Berryhill, Calderon, Cannella, La Malfa,  Lieu, 
Negrete McLeod,  and Rubio   Rubio, and Runner
 )

                        FEBRUARY 18, 2011

    An act to amend Section 986.2 of the Military and
Veterans Code, relating to veterans.   An act to amend
Section 19775.2 of the Government Code, relating to state
compensation, and declaring the urgency thereof, to take effect
immediately. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 806, as amended, Committee on Veterans Affairs. 
Veterans' benefits: Veterans' Farm and Home Purchase Act of 1943.
  State employees: military leave: salary overpayment.
 
   Existing law requires the state, when it determines that an
overpayment of compensation has been made to an employee, to notify
the employee of the overpayment and afford the employee an
opportunity to respond before commencing recoupment actions. Existing
law requires that administrative action to recover an overpayment
from a state employee be initiated within 3 years from the date of
overpayment.  
   Existing law provides that a state employee who is granted a
military leave of absence for active duty, whose continuous state
service is not broken by a permanent separation, shall be entitled to
receive his or her salary for a period not to exceed 30 calendar
days in any one fiscal year.  
   This bill would provide that when the state determines that an
overpayment of compensation has been made to a state employee on a
leave of absence for active military duty as a member of the
California National Guard, administrative action to recover
overpayment be initiated within 6 years from the date of overpayment,
notwithstanding existing law.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   The Veterans' Farm and Home Purchase Act of 1943, administered by
the Department of Veterans Affairs, provides veterans with the
opportunity to acquire farms and homes. Existing law provides that
when a veteran has been authorized by the department to select a farm
or home, the veteran shall submit the selection to the department,
as provided.  
   This bill would make a technical, nonsubstantive change to this
provision. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  no   yes  .
State-mandated local program: no.


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

   SECTION 1.    Section 19775.2 of the  
Government Code   is amended to read: 
   19775.2.   (a)    Pay under the provisions of
Sections 19775 and 19775.1, excluding emergency military leave pay
provisions, shall not exceed 30 calendar days in any one fiscal year.
The beginning date of active duty shall determine the fiscal year in
which the pay is accumulated when the period of active duty extends
into another fiscal year. 
   (b) When the state determines that an overpayment of compensation
has been made to an employee of the state on a leave of absence for
active military duty as a member of the California National Guard,
administrative action to recover overpayment shall be initiated
within six years from the date of overpayment, notwithstanding
subdivision (d) of Section 19838 or any other law. 
   SEC. 2.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to permit the state to initiate administrative
proceedings that would otherwise be barred by existing law to recoup
excess payments of state salaries, it is necessary that this act take
effect immediately.  
  SECTION 1.    Section 986.2 of the Military and
Veterans Code is amended to read:
   986.2.  When a veteran has been authorized by the department to
select a farm or home, he or she shall submit his or her selection in
such form as the department prescribes.