BILL NUMBER: SB 806	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 15, 2011
	AMENDED IN SENATE  JUNE 1, 2011

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

                        FEBRUARY 18, 2011

   An act to amend  , repeal, and add  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. 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  , until January 1, 2015,  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.
 The bill would make this provision applicable to any overpayment
made up to 6 years prior to the operative date of this measure, as
specified. 
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: 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. 
   (c) Notwithstanding any other law, subdivision (b) shall apply to
any overpayment made up to six years prior to the date the act adding
this subdivision becomes operative. Nothing in this section is
intended to revive actions or causes of action as to which there has
been a final judgment prior to that operative date.  
   (d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date. 
   SEC. 2.    Section 19775.2 is added to the  
Government Code   , 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) This section shall become operative on January 1, 2015. 
   SEC. 2.   SEC. 3.   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.