Bill Text: CA AB1447 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: State Compensation Insurance Fund: audits.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB1447 Detail]

Download: California-2009-AB1447-Introduced.html

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BILL NUMBER: AB 1447	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member John A. Perez

                        FEBRUARY 27, 2009

   An act to amend Section 8547.2 of the Government Code, relating to
the State Compensation Insurance Fund.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1447, as introduced, John A. Perez. State Compensation
Insurance Fund: audits.
   Under existing law, known as the California Whistleblower
Protection Act, the State Auditor has the authority to investigate
any report of improper governmental activity within a state agency.
Existing law, for purposes of that provision, defines a state agency
as every state office, officer, department, division, bureau, board,
and commission. Under existing law, the State Compensation Insurance
Fund is not subject to statutory provisions made applicable to state
agencies unless the section specifically names the fund as an agency
to which the provision applies.
   This bill would specify that the State Compensation Insurance Fund
is an agency over which the State Auditor has the authority to
investigate reports of improper governmental activities, as
specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 8547.2 of the Government Code is amended to
read:
   8547.2.  For the purposes of this article:
   (a) "Employee" means any individual appointed by the Governor or
employed or holding office in a state agency as defined by Section
11000, including, for purposes of Sections 8547.3 to 8547.7,
inclusive, any employee of the California State University  or
the State Compensation Insurance Fund  .
   (b) "Improper governmental activity" means any activity by a state
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. For purposes of Sections
8547.4, 8547.5, 8547.10, and 8547.11, "improper governmental activity"
includes any activity by the University of California or by an
employee, including an officer or faculty member, who otherwise meets
the criteria of this subdivision.
   (c) "Person" means any individual, corporation, trust,
association, any state or local government, or any agency or
instrumentality of any of the foregoing.
   (d) "Protected disclosure" means any good faith communication that
discloses or demonstrates an intention to disclose information that
may evidence (1) an improper governmental activity or (2) any
condition that may significantly threaten the health or safety of
employees or the public if the disclosure or intention to disclose
was made for the purpose of remedying that condition.
   (e) "Illegal order" means any directive to violate or assist in
violating a federal, state, or local law, rule, or regulation or any
order to work or cause others to work in conditions outside of their
line of duty that would unreasonably threaten the health or safety of
employees or the public.
   (f) "State agency" is defined by Section 11000. "State agency"
includes the University of California for purposes of Sections 8547.5
to 8547.7, inclusive, and the California State University  and
  State   Compensation Insurance Fund  for
purposes of Sections 8547.3 to 8547.7, inclusive.