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

California Assembly Bill 1447 (Prior Session Legislation)

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

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-Amended.html

BILL NUMBER: AB 1447	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member John A. Perez

                        FEBRUARY 27, 2009

   An act to  amend Section 8547.2 of   add
Section 8543.8 to  the Government Code, relating to the State
Compensation Insurance Fund.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1447, as amended, John A. Perez. State Compensation Insurance
Fund: audits. 
   Under existing law, known as the California Whistleblower
Protection Act, the State Auditor has 
    Existing provisions of the Government Code establish the
Bureau of State Audits under the direction of the Milton Marks
"Little Hoover" Commission on California State Government
Organization and Economy in order to perform state audits independent
of the executive branch and legislative control. Existing law
provides that the head of the bureau is the State Auditor, appointed
as specified. Under existing law, the State Auditor has statutory
audit and evaluation duties and  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,  
Existing provisions of the Insurance Code establish that  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.  Exception is made specifically for, among others,
provisions of the Government Code relating to the State Auditor.

   This bill would  specify   clarify  that
the State Compensation Insurance Fund is  an  
a state  agency  over which the State Auditor has the
authority to investigate reports of improper governmental activities,
as specified   for the purposes of the provisions of
the Government Code establishing the bureau and its duties and
authority, 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 8543.8 is added to the 
 Government Code  , to read:  
   8543.8.  For purposes of this chapter, the State Compensation
Insurance Fund is a state agency as that term is defined in Section
11000.  
  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.