BILL NUMBER: AB 1412	CHAPTERED  07/23/99

	CHAPTER   156
	FILED WITH SECRETARY OF STATE   JULY 23, 1999
	APPROVED BY GOVERNOR   JULY 22, 1999
	PASSED THE ASSEMBLY   JULY 12, 1999
	PASSED THE SENATE   JULY 8, 1999
	AMENDED IN SENATE   JUNE 29, 1999

INTRODUCED BY   Assembly Member Wildman
   (Coauthor:  Senator Hughes)

                        FEBRUARY 26, 1999

   An act to add Article 10 (commencing with Section 9149.20) to
Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government
Code, relating to public employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1412, Wildman.  Public employees.
   Under the Reporting of Improper Governmental Activities Act, a
state employee is prohibited from using his or her authority or
influence to intimidate, threaten, coerce, or command any person for
the purpose of interfering with the right of that person to disclose
an improper governmental activity to the State Auditor.
   This bill would prohibit any state or local governmental employee
from interfering with the right of any person to disclose an improper
governmental activity to an investigating committee of the
Legislature.


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


  SECTION 1.  Article 10 (commencing with Section 9149.20) is added
to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government
Code, to read:

      Article 10.  Whistleblower Protection Act

   9149.20.  This article shall be known and may be cited as the
Whistleblower Protection Act.
   9149.21.  It is the intent of the Legislature that state employees
and other persons should disclose, to the extent not expressly
prohibited by law, improper governmental activities.
   9149.22.  For the purposes of this article, the following words
have the following meanings:
   (a) "Committee" means any investigating committee of the
Legislature.
   (b) "Employee" means any individual appointed by the Governor or
employed or holding office in a state agency, as defined by Section
11000, including the California State University and the University
of California, or any public entity as defined by Section 7260, or
any agency of local government, as defined in subdivision (d) of
Section 8 of Article XIIIB of the California Constitution.
   (c) "Improper governmental activity" means any activity by a
governmental agency or by an employee that is undertaken in the
performance of the employee's official duties, whether or not that
action is within the scope of his or her employment, and that (1) is
in violation of any state or federal law or regulation, including,
but not limited to, corruption, malfeasance, bribery, theft of
government property, fraudulent claims, fraud, coercion, conversion,
malicious prosecution, misuse of government property, or willful
omission to perform duty, or (2) is economically wasteful, or
involves gross misconduct, incompetency, or inefficiency.
   (d) "Person" means any individual, corporation, trust,
association, any state or local government, or any agency or
instrumentality of any of the foregoing.
   (e) "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.
   9149.23.  (a) An employee may 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 right of that person to
disclose to a legislative committee improper governmental activities.

   (b) Any employee who violates subdivision (a) may be liable in an
action for civil damages brought against the employee by the offended
party.
   (c) Nothing in this section shall be construed to authorize an
individual to disclose information otherwise prohibited by or under
law.
   (d) Nothing in this section shall be construed to abrogate or
limit any other theory of liability or any other remedy that is
otherwise available at law.