BILL NUMBER: AB 1374	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gray

                        FEBRUARY 22, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1374, as introduced, Gray. State government: The California
Whistleblower Protection 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.
State-mandated local program: no.


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

  SECTION 1.  Section 8547.3 of the Government Code is amended to
read:
   8547.3.  (a) An employee  may   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)  Any   An  employee who violates
subdivision (a) may be liable in an action for civil damages brought
against the employee by the offended party.
   (d)  Nothing in this   This  section
shall  not  be construed to authorize an individual to
disclose information otherwise prohibited by or under law.