SB 1074, as introduced, Knight. State government: state funds.
Under existing law, all money in the possession of or collected by any state agency or department is state money, as defined, and is subject to provisions governing its deposit and handling in trust accounts. Existing law creates the State Treasury System to deposit state money held by state agencies prior to expenditure.
This bill would make it a misdemeanor for a state employee to transfer or use state money outside of the State Treasury System, except as authorized by statute, to subvert the normal appropriation or reversion requirements for the money.
Because this bill would create a new crime, it would impose a state-mandated local program.
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:
Section 16305.2 of the Government Code is
2amended to read:
begin insert(a)end insertbegin insert end insert All money in the possession of or collected by
4any state agency or department, except for money in the Local
5Agency Investment Fund, is subject to Sections 16305.3 to
616305.7, inclusive, and is hereafter referred to as state money.
7(b) Except as otherwise provided by this chapter or authorized
8by statute, any transfer, expenditure, or other use of state money
9by a state employee, outside of the State Treasury System, other
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than pursuant to a valid act of appropriation or the reversion
11requirements described in Section 16303, is a misdemeanor,
12punishable by up to one year in a county jail, or a ten thousand
13dollar ($10,000) fine, or both.
No reimbursement is required by this act pursuant to
15Section 6 of Article XIII B of the California Constitution because
16the only costs that may be incurred by a local agency or school
17district will be incurred because this act creates a new crime or
18infraction, eliminates a crime or infraction, or changes the penalty
19for a crime or infraction, within the meaning of Section 17556 of
20the Government Code, or changes the definition of a crime within
21the meaning of Section 6 of Article XIII B of the California
22Constitution.
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