Bill Text: CA AB1374 | 2013-2014 | Regular Session | Amended

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Bill Title: State government: The California Whistleblower

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1374 Detail]

Download: California-2013-AB1374-Amended.html

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BILL NUMBER: AB 1374	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member Gray

                        FEBRUARY 22, 2013

   An act to  amend Section 8547.3 of   add
Section 8547.14 to  the Government Code, relating to state
government.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1374, as amended, Gray. State government: The California
Whistleblower Protection  Act.   Act: state
agencies: Internet.  
   The California Whistleblower Protection Act establishes procedures
under which a state employee may report improper governmental
activities or make a protected disclosure to the California State
Auditor, and prohibits retaliation or reprisal against a state
employee for these acts. The act requires the California State
Auditor, to investigate and report on improper governmental
activities, as defined.  
   This bill would require a state agency to post a graphical link,
as specified, to the California State Auditor's Internet Web page
that contains information on how to file a complaint under the act.
 
   Existing law, the California Whistleblower Protection Act,
prohibits an employee from directly or indirectly using or attempting
to use the official authority or influence of the employee for the
purpose of intimidating, threatening, coercing, commanding, or
attempting to intimidate, threaten, coerce, or command any person for
the purpose of interfering with the rights conferred pursuant to the
act.  
   This bill would make technical, nonsubstantive changes to a
provision of the act. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 8547.14 is added to the 
 Government Code  , to read:  
   8547.14.  A state agency shall, on the homepage of its Internet
Web site, post a link to the California State Auditor's Internet Web
page that contains information on how to file a complaint pursuant to
this article.  
  SECTION 1.    Section 8547.3 of the Government
Code is amended to read:
   8547.3.  (a) An employee shall not directly or indirectly use or
attempt to use the official authority or influence of the employee
for the purpose of intimidating, threatening, coercing, commanding,
or attempting to intimidate, threaten, coerce, or command any person
for the purpose of interfering with the rights conferred pursuant to
this article.
   (b) For the purpose of subdivision (a), "use of official authority
or influence" includes promising to confer, or conferring, any
benefit; effecting, or threatening to effect, any reprisal; or
taking, or directing others to take, or recommending, processing, or
approving, any personnel action, including, but not limited to,
appointment, promotion, transfer, assignment, performance evaluation,
suspension, or other disciplinary action.
   (c) An employee who violates subdivision (a) may be liable in an
action for civil damages brought against the employee by the offended
party.
   (d) This section shall not be construed to authorize an individual
to disclose information otherwise prohibited by or under law.