Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1374

Introduced by Assembly Member Gray

February 22, 2013

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

LEGISLATIVE COUNSEL’S DIGEST

AB 1374, as amended, Gray. State government: The California Whistleblower Protection begin delete Act. end delete begin insert Act: state agencies: Internet. end insert

begin insert

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.

end insert begin insert

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.

end insert begin delete

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.

end delete begin delete

This bill would make technical, nonsubstantive changes to a provision of the act.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 8547.14 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 8547.14. end insert   

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.

end insert

begin delete

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.

end delete