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House Engrossed |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HOUSE BILL 2115 |
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AN ACT
amending title 13, chapter 18, Arizona Revised Statutes, by adding section 13-1821; amending Title 38, chapter 3, article 8, Arizona Revised Statutes, by adding section 38-512; relating to misconduct of public employees.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 18, Arizona Revised Statutes, is amended by adding section 13-1821, to read:
13-1821. Misappropriation of public monies; public officials and employees; classification; definitions
A. A public officer or employee of a public agency commits misappropriation of public monies if, without lawful authority and with an intent to defraud, the public officer or employee uses or transfers public monies for personal use that is not reasonably related to the person's employment as a public officer or employee for a public agency.
B. Misappropriation of public monies with a value of:
1. Twenty‑five thousand dollars or more is a class 2 felony.
2. Four thousand dollars or more but less than twenty‑five thousand dollars is a class 3 felony.
3. Three thousand dollars or more but less than four thousand dollars is a class 4 felony.
4. Two thousand dollars or more but less than three thousand dollars is a class 5 felony.
5. One thousand dollars or more but less than two thousand dollars is a class 6 felony.
6. Less than one thousand dollars is a class 1 misdemeanor.
C. For the purposes of this section, "employee" and "public officer" have the same meanings prescribed in section 38‑502.
Sec. 2. Heading change
The article heading of title 38, chapter 3, article 8, Arizona Revised Statutes, is changed from "CONFLICT OF INTEREST OF OFFICERS AND EMPLOYEES" to "CONFLICT OF INTEREST AND MISCONDUCT OF OFFICERS AND EMPLOYEES".
Sec. 3. Title 38, chapter 3, article 8, Arizona Revised Statutes, is amended by adding section 38-512, to read:
38-512. Misappropriation of public monies; penalty; employment contract
A. Any public officer or employee of a public agency that is governed by a governing body may notify the governing body of the public agency if that officer or employee believes that another public officer or employee has misappropriated public monies. Not later than sixty days after the notification, the governing body of the public agency shall make a determination regarding the notification. If a governing body of a public agency determines that a public officer or employee of a public agency has misappropriated public monies, the public officer or employee is not eligible to receive any severance pay, annuity payments or any other benefit that would otherwise be provided by the public agency.
B. Any public officer or employee of a public agency that is not governed by a governing body may notify the state personnel board if that officer or employee believes that another public officer or employee has misappropriated public monies. Not later than sixty days after the notification to the state personnel board, the state personnel board shall make a determination regarding the notification. If the state personnel board determines that a public officer or employee of a public agency misappropriated public monies, the public officer or employee is not eligible to receive any severance pay, annuity payments or any other benefit that would otherwise be provided by the public agency.
C. Each public agency shall include in any employment contract entered into from and after the effective date of this section a clause that prohibits the public officer or employee of the public agency who MISAPPROPRIATES public monies from receiving any severance pay, annuity payments or any other benefit that would otherwise be provided by the public agency.