Bill Text: CA SB801 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Department of Finance: reports: crimes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-09-09 - Chaptered by Secretary of State. Chapter 281, Statutes of 2013. [SB801 Detail]

Download: California-2013-SB801-Introduced.html

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BILL NUMBER: SB 801	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 13031 is added to the Government Code, to read:

   13031.  Any officer or employee of the state who knowingly reports
to the department the incorrect balance of an account containing
state funds, regardless of whether the balance is overreported or
underreported, 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 six months or by a fine of up to five thousand
dollars ($5,000), or by both that imprisonment and fine.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.