BILL ANALYSIS
AB 567
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Date of Hearing: May 6, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 567 (Villines) - As Amended: April 23, 2009
Policy Committee: Business and
Professions Vote: 9 - 0
P.E.R. & S. S. 6 - 0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill creates a Clearinghouse for Government Innovation and
Improvement Program within the Bureau of State Audits (BSA), if
resources become available, which is required to solicit
recommendations from the public for improving state operations,
and makes other specified changes to the operations of BSA.
Specifically, this bill:
1)Requires the auditor to establish a means both through mail
and via internet for members of the public to submit
recommendations for improving the operations of the state.
2)Under the clearinghouse program, requires the auditor to
review the submissions and at his or her discretion to forward
selected submissions to the governor, director of finance, and
the majority and minority party leaders of both houses of the
Legislature.
3)Requires the auditor to take reasonable measures to create and
maintain public awareness of the program.
4)Authorizes the auditor to request that a person submitting an
allegation provide his or her name and contact information and
the contact information for any persons who can help
substantiate the claim. However, the auditor cannot require
that information be provided.
5)Strengthens the prohibition against BSA divulging or making
known to any person not employed by the BSA any particulars of
any record, document, or information that is restricted by law
AB 567
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from release to the public.
6)States that the provisions of this bill shall not impose costs
on the state and shall be implemented solely using existing
resources.
FISCAL EFFECT
1)Costs associated with this legislation are minor and
absorbable within existing BSA resources.
COMMENTS
1)Rationale . The author believes that there are some
deficiencies in the California Whistleblower Protection Act
that make it difficult for individuals to come forward and
report abuses. This bill is intended to remove those
difficulties.
2)The California Whistleblower Protection Act . The whistleblower
act authorizes BSA to receive complaints from state employees
and members of the public who wish to report an improper
governmental activity. Under the act, an "improper
governmental activity" is defined as any action that violates
the law, is economically wasteful, or involves gross
misconduct, incompetence, or inefficiency. The complaints
received by BSA remain confidential, and the identity of the
complainant is not revealed without the permission of the
complainant, except to an appropriate law enforcement agency
conducting a criminal investigation.
BSA staff evaluates each complaint to determine whether or not
an improper governmental activity has occurred. If BSA
determines the complaint has merit, they conduct a formal
investigation.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081