BILL NUMBER: AB 1160 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 7, 2011
AMENDED IN ASSEMBLY APRIL 4, 2011
INTRODUCED BY Assembly Member Hill
FEBRUARY 18, 2011
An act to amend Section 1798.90.1 of the Civil Code,
relating to personal information. An act to add
Article 6 (commencing with Section 8290) to Chapter 7 of Division 4
of the Public Utilities Code, relating to public utility employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 1160, as amended, Hill. Personal information.
Public utility employees: whistleblowers.
(1) Existing law permits a business to swipe a driver's license or
identification card issued by the Department of Motor Vehicles in
any electronic device for specified purposes, including to verify
age. Existing law prohibits a business from retaining or using any of
the information obtained by that electronic means for any purpose
other than those that are permitted. Existing law makes a violation
of these provisions a misdemeanor.
This bill would prohibit a purchaser of alcoholic beverages from
being required to produce his or her driver's license or
identification card for the purpose of verifying age if the purchaser
reasonably appears to be 40 years of age or older. By expanding the
definition of a crime, this bill would impose a state-mandated local
program.
(1) Under existing law, the Public Utilities Commission has
regulatory authority over public utilities. The California
Constitution authorizes the commission to establish rules for all
public utilities, subject to control by the Legislature.
This bill would require the commission to establish a
comprehensive whistleblower protection program to protect public
utility employees from management retaliation for bringing
information to the commission or other public entities regarding
unreported safety issues. The bill would require a public utility to
file a completed report with the commission within 30 days as to any
final judgment, arbitration award, compromise, or settlement in
excess of $50,000 in any civil action brought by an employee or
former employee of the utility against the utility. The bill would
authorize the commission to limit this reporting requirement to those
particular types of claims that the commission determines are likely
to involve claims of retaliation, or to exclude from the duty to
report particular claims that the commission determines are highly
unlikely to involve claims of retaliation. The bill would require the
commission to develop and adopt a report form to be used by a public
utility to comply with the reporting requirements. The bill would
require civil penalties to be imposed for violation of the reporting
requirements.
Under existing law, a violation of any order, decision, rule,
direction, demand, or requirement of the commission is a crime.
Because the bill would require the commission to adopt rules for
the protection of whistleblowers and a violation of these rules would
be a crime, the bill would impose a state-mandated local program by
creating a new crime.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 6 (commencing with Section
8290) is added to Chapter 7 of Division 4 of the Public
Utilities Code , to read:
Article 6. Whistleblower Protection
8290. The commission shall establish a comprehensive
whistleblower protection program to protect public utility employees
from management retaliation for bringing information to the
commission or other public entities regarding unreported safety
issues. For these purposes, "other public entities" includes the
whistleblower hotline maintained by the Attorney General pursuant to
Section 1102.7 of the Labor Code.
8291. (a) (1) Every public utility shall file a completed report
with the commission within 30 days as to any final judgment,
arbitration award, compromise, or settlement in excess of fifty
thousand dollars ($50,000) in any civil action brought by an employee
or former employee of the utility against the utility.
(2) It is the intent of the Legislature that the commission be
informed of any significant payment made by a public utility to an
employee or former employee where there may be any claim of
management retaliation for bringing information to the commission or
other public entities regarding unreported safety issues, and the
commission may limit the duty to report pursuant to paragraph (1) to
those particular types of claims that the commission determines are
likely to involve claims of retaliation, or to exclude from the duty
to report particular claims that the commission determines are highly
unlikely to involve claims of retaliation.
(3) The commission shall develop and adopt a report form to be
used by a public utility to comply with the requirements of paragraph
(1). Until the commission adopts a report form, the report shall
include a copy of the complaint or claim made by the employee or
former employee and any written judgment, arbitration award, or
agreement for the compromise or settlement of an action or claim.
(b) (1) The commission shall assess a penalty of not more than one
million dollars ($1,000,000) against a public utility for a willful
failure to comply with the requirements of subdivision (a).
(2) The commission shall assess a penalty of not more than five
hundred thousand dollars ($500,000) for a negligent failure to comply
with the requirements of subdivision (a).
(3) The commission may enforce and collect a penalty pursuant to
Chapter 11 (commencing with Section 2100) of Part 1 of Division 1.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 1798.90.1 of the Civil Code
is amended to read:
1798.90.1. (a) (1) Any business may swipe a driver's license or
identification card issued by the Department of Motor Vehicles in any
electronic device for the following purposes:
(A) To verify age or the authenticity of the driver's license or
identification card. A purchaser of alcoholic beverages shall not be
required to produce his or her driver's license or identification
card for the purpose of verifying age if the purchaser reasonably
appears to be 40 years of age or older.
(B) To comply with a legal requirement to record, retain, or
transmit that information.
(C) To transmit information to a check service company for the
purpose of approving negotiable instruments, electronic funds
transfers, or similar methods of payments, provided that only the
name and identification number from the license or the card may be
used or retained by the check service company.
(D) To collect or disclose personal information that is required
for reporting, investigating, or preventing fraud, abuse, or material
misrepresentation.
(2) A business may not retain or use any of the information
obtained by that electronic means for any purpose other than as
provided herein.
(b) As used in this section, "business" means a proprietorship,
partnership, corporation, or any other form of commercial enterprise.
(c) A violation of this section constitutes a misdemeanor
punishable by imprisonment in a county jail for no more than one
year, or by a fine of no more than ten thousand dollars ($10,000), or
by both.
SEC. 2. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.