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HomeGovernment CodeDiv. 3Pt. 3Ch. 5§ 13401 State Program Fraud Oversight

§ 13401 State Program Fraud Oversight

Government Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 13401 State Program Fraud Oversight

Key Takeaways

  • •State agencies must have strong systems to catch mistakes and fraud early.
  • •These systems must be checked and improved all the time to work well.
  • •Everyone in the agency, from bosses to workers, must help keep these systems strong.
  • •The Department of Finance must create rules to make sure the people checking these systems are fair and honest.

Example

A state agency that gives out food stamps notices that some people are getting more money than they should.

The agency must have a system in place to catch this mistake early. If they don’t, they have to fix their system to stop it from happening again. The people checking the system must be fair and not favor anyone.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 13401 State Program Fraud Oversight

(a) The Legislature finds all of the following: (1) Active oversight processes, including regular and ongoing monitoring processes, for the prevention and early detection of fraud and errors in program administration are vital to public confidence and the appropriate and efficient use of public resources. (2) Fraud and errors in state programs are more likely to occur from a lack of effective systems of internal control in state agencies when active monitoring measures are not maintained to ensure that controls are functioning properly. (3) Effective systems of internal control provide the basic foundation upon which a structure of public accountability must be built. (4) Effective systems of internal control are necessary to ensure that state resources are adequately safeguarded, monitored, and administered. (5) Systems of internal control are necessarily dynamic and must be routinely monitored, continuously evaluated, and, where necessary, improved. (6) Reports regarding the continuing adequacy of the systems of internal control of each state agency are necessary to enable the executive branch, the Legislature, and the public to evaluate each state agency’s performance of its public responsibilities and accountability. (b) The Legislature declares all of the following to be the policies of the state: (1) Each state agency must maintain effective systems of internal control as an integral part of its management practices. (2) The systems of internal control of each state agency shall be evaluated on an ongoing basis through regular and ongoing monitoring processes and, when detected, weaknesses must be promptly corrected. (3) All levels of management of state agencies must be involved in assessing and strengthening the systems of internal control to minimize fraud, errors, abuse, and waste of government funds. Monitoring processes should be designed to ensure objectivity of persons tasked with monitoring. Objectivity means allowing those tasked with monitoring to maintain integrity, impartiality, a questioning state of mind, and the ability to accurately and fairly assess circumstances and draw sound conclusions. (4) It shall be the responsibility of the Department of Finance, in consultation with the Controller and the California State Auditor, to establish guidelines for how the objectivity of the persons tasked with monitoring processes are to be maintained. Those guidelines should include establishing monitor training programs, identification of appropriate chain-of-command reporting relationships, and recommended best practices for professional development and the conduct of objective monitoring, including, but not limited to, practices for the regular dissemination of strategies and lessons learned from successful efforts to strengthen state administration via interagency cooperation. (Amended by Stats. 2015, Ch. 25, Sec. 14. (SB 84) Effective June 24, 2015.)

Last verified: January 22, 2026

Key Terms

active oversight processesinternal controlfraud and errorsmonitoring processesDepartment of Financeobjectivity

Related Statutes

  • § 12466 Monthly Treasury Fund Reporting
  • § 13402 Agency Internal Control Systems
  • § 13403 State Agency Internal Controls
  • § 13404 State Agency Definitions
  • § 13405 Biennial Internal Control Review

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 13401.
View Official Source