AB 1723

Bill Subjects

Abstract

(1) Existing law, the California Whistleblower Protection Act, prohibits an employee from directly or indirectly using or attempting to use the official authority or influence of the employee to interfere with a person's rights to disclose improper activity. The act requires the California State Auditor to administer these provisions and to investigate and report on improper governmental activities. The act applies to state agencies, as defined, and to the University of California, the California State University, and the courts, as specified. Under the act, a person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against an employee or an applicant for employment for having made a protected disclosure is subject to criminal penalties and civil liability. The act defines a "protected disclosure" to mean, among other things, a good faith communication that discloses information that may evidence an improper governmental activity. This bill would expand the definition of the term "protected disclosure," for purposes of the provisions described above, to include a complaint made to a Member of the Legislature, the Legislature, or any subdivision thereof. Because this bill would expand the definition of a crime, it would impose a state-mandated local program. (2) 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.