Senate BillNo. 801


Introduced by Senator Roth

February 22, 2013


An act to add Section 13031 to the Government Code, relating to financial reports.

LEGISLATIVE COUNSEL’S DIGEST

SB 801, as introduced, Roth. Department of Finance: reports: crimes.

Existing law authorizes the Department of Finance to require financial and statistical reports, duly verified and covering the period of each fiscal year, from all agencies of the state. Existing law provides that every person who fails or neglects to make, verify, and file with the department any required report, or fails or neglects to follow the directions of the department in keeping the accounts of his or her office, is guilty of a misdemeanor.

This bill would provide that any officer or employee of the state who knowingly reports to the department the incorrect balance of an account containing state funds may be civilly liable for an amount that represents the difference between the incorrect balance and the correct balance and is guilty of a misdemeanor, punishable by imprisonment in the county jail for up to 6 months or by a fine of up to $5,000, or by both.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

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SECTION 1.  

Section 13031 is added to the Government Code,
2to read:

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13031.  

Any officer or employee of the state who knowingly
4reports to the department the incorrect balance of an account
5containing state funds, regardless of whether the balance is
6overreported or underreported, may be civilly liable for an amount
7that represents the difference between the incorrect balance and
8the correct balance and is guilty of a misdemeanor, punishable by
9imprisonment in the county jail for up to six months or by a fine
10of up to five thousand dollars ($5,000), or by both that
11imprisonment and fine.

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SEC. 2.  

No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14the only costs that may be incurred by a local agency or school
15district will be incurred because this act creates a new crime or
16infraction, eliminates a crime or infraction, or changes the penalty
17for a crime or infraction, within the meaning of Section 17556 of
18the Government Code, or changes the definition of a crime within
19the meaning of Section 6 of Article XIII B of the California
20Constitution.



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