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SB 1274 - Public monies; recovery; illegal payments

Tracking Level: Monitor
Sponsor: Warren Petersen (R)
Last Action: 4/17/2018 - Chapter 253
Senate Committee: Rules
House Committee: Rules
Assigned To:
Public OfficialsNext Bill

Staff Analysis of the Legislation

Current procurement law already allows for the recovery of illegal payments, but not in this specific area of statute. 

 

Provisions: 

This bill adds school district officers, employees, or agents to the groups to which Arizona laws on the illegal use of public funds apply. The bill: 

  • Protects county or school district officers, employees, or agents from liability for the illegal use of public funds if they are responsible for disbursing public funds pursuant to a warrant or other form of claim that does not originate from them unless they knew or should have known that it would result in an illegal payment. 

  • Enables the Attorney General to take action to recover the illegally paid funds against any recipient and against the public body or person who authorized the payment or had supervisory authority over the person who authorized it. 

  • Requires action must be taken within five years after the date the payment was ordered. The prevailing party in the suit can be awarded costs and reasonable attorney fees up to 40% of what was sought to be recovered. 


Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text / PDF
Summary:

Public monies; recovery; illegal payments

Title:

Public monies; recovery; illegal payments

Introduction Date:

Tuesday, January 23, 2018