California 2015-2016 Regular Session Status: Passed Assembly

AB 1753 — State employees: overpayment.

Last action — In committee: Set, first hearing. Hearing canceled at the request of author.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2015-2016 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law authorizes the state to recoup employee overpayments through methods mutually agreed to by the employee and the state, as specified, and provides the state, when an employee separates from employment prior to full repayment, with the right to exercise all legal means to recover the additional amount owed. Existing law prohibits the state from taking administrative action to recover an overpayment unless the action is initiated within 3 years from the overpayment. This bill would require the administrative action for overpayment to be initiated by written notice to the employee. The bill, for an overpayment that involves leave credits, would make the date of overpayment either the date the employee receives compensation in exchange for leave erroneously credited to the employee or, if the state alleges that the employee obtained the overpayment as a result of fraud, embezzlement, or falsification, the date the state discovers the fraud, embezzlement, or falsification, whichever is later.

Bill Text

Action History

  1. In committee: Set, first hearing. Hearing canceled at the request of author.

  2. Referred to Com. on P.E. & R.

  3. In Senate. Read first time. To Com. on RLS. for assignment.

  4. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 4593.)

  5. Read second time. Ordered to Consent Calendar.

  6. From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 20).

  7. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (April 6). Re-referred to Com. on APPR.

  8. Re-referred to Com. on P.E., R., & S.S.

  9. From committee chair, with author's amendments: Amend, and re-refer to Com. on P.E., R., & S.S. Read second time and amended.

  10. Referred to Com. on P.E., R., & S.S.

  11. From printer. May be heard in committee March 4.

  12. Read first time. To print.

Sponsors

  • Obernolte · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Obernolte

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 66004
Democratic 5000
Republican 5000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Maienschein — Yea
Mathis — Not Voting
Medina — Yea
Nazarian — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Ting — Yea
Weber — Yea
Eggman — Yea
Chávez — Not Voting
Cooper — Yea
Gatto — Yea
Burke — Yea
Salas — Yea
Campos — Yea
Bonilla — Yea
Frazier — Yea
Gomez — Yea
Gordon — Yea
Gray — Yea
Harper — Yea
Lopez — Yea
Holden — Yea
Jones-Sawyer — Yea
Kim — Yea
Levine — Yea
Linder — Yea
Low — Yea
Mayes — Yea
Atkins — Yea
McCarty — Yea
Baker — Yea
Bigelow — Yea
Chang — Yea
Chau — Yea
Chiu — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Melendez — Yea
Mullin — Yea
O'Donnell — Yea
Obernolte — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Wagner — Yea
Waldron — Yea
Wilk — Yea
Williams — Yea
Chu — Yea
Daly — Not Voting
Olsen — Not Voting
Quirk — Yea
Steinorth — Yea
Wood — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Passed 16 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 13003
Democratic 2000
Republican 1001
Total 16004
% of votes cast 80%0%0%20%
How each member voted (20)
Member Party Vote
Bloom — Yea
Wagner — Yea
Eggman — Yea
Bonilla — Yea
Bigelow — Yea
Obernolte — Yea
Santiago — Yea
Chang — Yea
Holden — Not Voting
Daly — Yea
Quirk — Yea
Weber — Not Voting
Wood — Yea
Eduardo Garcia — Not Voting
Lorena Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Subjects

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Frequently asked questions

What does AB 1753 do?
Existing law authorizes the state to recoup employee overpayments through methods mutually agreed to by the employee and the state, as specified, and provides the state, when an employee separates from employment prior to full repayment, with the right to exercise all legal means to recover the additional amount owed. Existing law prohibits the state from taking administrative action to recover an overpayment unless the action is initiated within 3 years from the overpayment. This bill would require the administrative action for overpayment to be initiated by written notice to the employee. The bill, for an overpayment that involves leave credits, would make the date of overpayment either the date the employee receives compensation in exchange for leave erroneously credited to the employee or, if the state alleges that the employee obtained the overpayment as a result of fraud, embezzlement, or falsification, the date the state discovers the fraud, embezzlement, or falsification, whichever is later.
Who sponsors AB 1753?
AB 1753 is sponsored by Obernolte.
What is the current status of AB 1753?
This bill died with 2015-2016 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1753?
Track AB 1753 free on One Click Politics — get push/email alerts when it moves.

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