BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 567
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 567 (Villines)
          As Amended September 2, 2009
          Majority vote
           
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          |ASSEMBLY:  |73-0 |(May 14, 2009)  |SENATE: |40-0 |(September 4,  |
          |           |     |                |        |     |2009)          |
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           Original Committee Reference:    B. & P.  

           SUMMARY  :   Revises the California Whistleblower Protection Act  
          (CWPA) to broaden the class of employees covered by the CWPA,  
          expands the definition of "improper governmental activity" that  
          could be reported by a whistleblower, and permits the State  
          Auditor to publicly report on recommendations made to heads of  
          state agencies that have not been fully implemented after one  
          year, among others.  

           The Senate amendments  :

          1)Delete the provisions of the bill relating to the  
            establishment of the Clearinghouse for Government Innovation  
            and Improvement Program. 

          2)Revise the definition of the following terms:

             a)   "Employee" includes any individual appointed by the  
               Legislature to a state board or commission and who is not a  
               member, or a former employee of the Legislature who met the  
               criteria of this bill during his or her employment;  

             b)   "Improper governmental activity" includes the employee's  
               duties, undertaken inside a state office, or, if undertaken  
               outside a state office by the employee, directly relates to  
               state government, whether or not that activity is within  
               the scope of his or her employment; and,

             c)   "Protected disclosure" includes any communication based  
               on, or when carrying out, job duties, and specifically  
               includes any good faith communication to the bureau  
               alleging an improper governmental activity and any evidence  
               delivered to the bureau in support of the allegation. 









                                                                  AB 567
                                                                  Page  2

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar  
          to the version passed by the Senate. 

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, costs associated with this legislation are minor and  
          absorbable within existing Bureau of State Audit resources. 

           
          Analysis Prepared by  :    Sarah Huchel / B. & P. / (916) 319-3301  



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