BILL NUMBER: AB 1197	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 11, 2012
	AMENDED IN ASSEMBLY  JANUARY 4, 2012
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 18, 2011

   An act to add Article 7 (commencing with Section 8295) to Chapter
7 of Division 4 of the Public Utilities Code, relating to 
public utility employees   whistleblower protection
 .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1197, as amended, Hill.  Public utility employees:
whistleblowers.   Whistleblower protection. 
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities. The California Constitution
authorizes the commission to establish rules for all public
utilities, subject to control by the Legislature.
   This bill would require the commission to establish a
comprehensive whistleblower protection program to protect public
utility employees  , former employees, and third  
-party contractors and subcontractors  from  management
 retaliation for bringing information to the commission or
other public entities, as defined, regarding  unreported
  ,   but not limited to,  safety issues.
   Under existing law, a violation of any order, decision, rule,
direction, demand, or requirement of the commission is a crime.
   Because the bill would require the commission to adopt rules for
the protection of whistleblowers and a violation of these rules would
be a crime, the bill would impose a state-mandated local program by
creating a new crime.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Article 7 (commencing with Section 8295) is added to
Chapter 7 of Division 4 of the Public Utilities Code, to read:

      Article 7.  Whistleblower Protection Program


   8295.  The commission shall establish a comprehensive
whistleblower protection program to protect public utility employees
 , former employees, and third   -party contractors and
subcontractors  from  management  retaliation
for bringing information to the commission or other public entities
regarding  unreported   , but not limited to,
 safety issues. For  these purposes  
purposes of this section  , "other public entities" includes the
whistleblower hotline maintained by the Attorney General pursuant to
Section 1102.7 of the Labor Code.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.