California 2009-2010 Regular Session Status: Enacted

AB 567 — Government practices.

Last action — Chaptered by Secretary of State - Chapter 452, Statutes of 2009.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 25, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 10 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law sets forth the duties and powers of the Bureau of State Audits and makes reference to audits and investigative audits. Existing law also prohibits the State Auditor or his or her employees from releasing to the public, among other things, any papers, correspondence, or any substantive information pertaining to any audit not completed. This bill would revise the authority of the Bureau of State Audits to specifically perform investigations and would delete the reference to investigative audits. The bill would make conforming changes. (2) The California Whistleblower Protection Act sets forth the circumstances and procedures under which a state employee, as defined, may report improper governmental activities, as defined, or make a protected disclosure, as defined, to the State Auditor, and prohibits retaliation or reprisal against a state employee for these acts. This bill would add an individual appointed by the Legislature to a state board or commission and who is not a Member or employee of the Legislature to the list of state employees covered by these provisions and would provide that state employee includes any former employee who met specified criteria during his or her employment. The bill would change the definition of improper governmental activity to include any activity by an employee that is undertaken in the performance of 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 would change the definition of protected disclosure to specifically include any good faith communication to the Bureau of State Audits alleging an improper governmental activity and any evidence delivered to the Bureau of State Audits in support of the allegation. The State Auditor also would be authorized to provide to the employees' appointing power any evidence gathered during the investigation that in his or her judgment is necessary to support an adverse action. The State Auditor would be required to create, as specified, the means for the submission of reports of improper governmental activity both by transmission via mail or other carrier to a specified mailing address and by electronic transmission through an Internet Web site portal. The State Auditor would be prohibited from disclosing the identity of a person who provides information in confidence to further an investigation, subject to specified exceptions. The State Auditor may include recommended actions to prevent the continuation or recurrence of the improper governmental activity with the report that details the improper governmental activity to the head of the employing agency.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 452, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 1 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 78. Noes 0. Page 3175.)

  5. Assembly Rule 77 suspended. (Page 3152.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 40. Noes 0. Page 2225.)

  8. Ordered to Special Consent Calendar.

  9. Read second time and amended. Ordered to third reading.

  10. From committee: Amend, and do pass as amended. (Ayes 12. Noes 0.) (August 27).

  11. In committee: Placed on Appropriations suspense file.

  12. Read second time, amended, and re-referred to Com. on APPR.

  13. From committee: Amend, and do pass as amended, and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (July 14).

  14. In committee: Hearing postponed by committee.

  15. In committee: Set, second hearing. Hearing canceled at the request of author.

  16. In committee: Hearing postponed by committee.

  17. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  18. In committee: Set, first hearing. Hearing canceled at the request of author.

  19. From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 9. Noes 0.) (June 9).

  20. Referred to Coms. on G.O. and JUD.

  21. In Senate. Read first time. To Com. on RLS. for assignment.

  22. Read third time, passed, and to Senate. (Ayes 73. Noes 0. Page 1468.)

  23. Read second time. To Consent Calendar.

  24. From committee: Do pass. To Consent Calendar. (May 6).

  25. Re-referred to Com. on APPR.

  26. Read second time and amended.

  27. From committee: Amend, and do pass as amended, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (April 22).

  28. From committee: Do pass, and re-refer to Com. on P.E.,R. & S.S. with recommendation: To Consent Calendar. Re-referred. (Ayes 9. Noes 0.) (April 14).

  29. Referred to Coms. on B. & P. and P.E.,R. & S.S.

  30. From printer. May be heard in committee March 28.

  31. Read first time. To print.

Sponsors

  • Villines · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Villines

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 90 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 84001
Democratic 3000
Republican 3000
Total 90001
% of votes cast 99%0%0%1%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Adams — Yea
Ammiano — Yea
Anderson — Yea
Beall — Yea
Coto — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Duvall — Not Voting
Eng — Yea
Evans — Yea
Feuer — Yea
Bass — Yea
Fuller — Yea
Furutani — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Krekorian — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Silva — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Emmerson — Yea
Davis — Yea
DeVore — Yea
Fuentes — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 41 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 38000
Democratic 2000
Republican 1000
Total 41000
% of votes cast 100%0%0%0%
How each member voted (41)
Member Party Vote
Yee — Yea
Cogdill — Yea
Hancock — Yea
Harman — Yea
Corbett — Yea
Ducheny — Yea
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Alquist — Yea
Benoit — Yea
Dutton — Yea
Pavley — Yea
Romero — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Ashburn — Yea
Leno — Yea
Liu — Yea
Maldonado — Yea
Oropeza — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Cedillo — Yea
Wyland — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 12 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Total 12001
% of votes cast 92%0%0%8%
How each member voted (13)
Member Party Vote
Yee — Yea
Corbett — Yea
Hancock — Yea
Kehoe — Yea
Leno — Yea
Runner — Yea
Walters — Yea
Wolk — Not Voting
Oropeza — Yea
Price — Yea
Wyland — Yea
Cox — Yea
Denham — Yea

Official roll call →

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Corbett — Yea
Wyland — Yea
Runner — Yea
Kehoe — Yea
Price — Yea
Walters — Yea
Wolk — Yea
Leno — Yea
Oropeza — Yea
Cox — Yea
Denham — Yea

Official roll call →

Passed 10 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 8003
Democratic 2000
Total 10003
% of votes cast 77%0%0%23%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Harman — Yea
Negrete — Yea
Benoit — Yea
McLeod — Yea
Wiggins — Yea
Wright — Yea
Oropeza — Not Voting
Denham — Yea
Florez — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Passed 85 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 77007
Democratic 5000
Republican 3000
Total 85007
% of votes cast 92%0%0%8%
How each member voted (92)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Evans — Yea
Feuer — Yea
Furutani — Yea
Charles — Yea
Galgiani — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Huffman — Yea
Jeffries — Yea
Fletcher — Yea
Bonnie — Yea
Anderson — Yea
Blakeslee — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Gaines — Not Voting
Saldana — Not Voting
Fuentes — Not Voting
Miller — Yea
Bass — Not Voting
Monning — Yea
Nava — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Ammiano — Not Voting
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Price — Yea
Silva — Yea
Smyth — Not Voting
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Eng — Yea
DeVore — Yea
Yamada — Yea
Fuller — Yea
Garrick — Not Voting
Gilmore — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 19000
Democratic 1000
Republican 1000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Hall — Yea
Duvall — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Ammiano — Yea
Price — Yea
Solorio — Yea
Torlakson — Yea
Harkey — Yea
Miller — Yea
Nielsen — Yea
Skinner — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 11 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 10002
Republican 1000
Total 11002
% of votes cast 85%0%0%15%
How each member voted (13)
Member Party Vote
Eng — Yea
Hernandez — Yea
John — Yea
A. — Yea
Perez — Yea
Conway — Yea
Nava — Not Voting
Ruskin — Yea
Smyth — Yea
Hayashi — Yea
Price — Not Voting
Emmerson — Yea
Niello, Roger W. Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 567 do?
(1) Existing law sets forth the duties and powers of the Bureau of State Audits and makes reference to audits and investigative audits. Existing law also prohibits the State Auditor or his or her employees from releasing to the public, among other things, any papers, correspondence, or any substantive information pertaining to any audit not completed. This bill would revise the authority of the Bureau of State Audits to specifically perform investigations and would delete the reference to investigative audits. The bill would make conforming changes. (2) The California Whistleblower Protection Act sets forth the circumstances and procedures under which a state employee, as defined, may report improper governmental activities, as defined, or make a protected disclosure, as defined, to the State Auditor, and prohibits retaliation or reprisal against a state employee for these acts. This bill would add an individual appointed by the Legislature to a state board or commission and who is not a Member or employee of the Legislature to the list of state employees covered by these provisions and would provide that state employee includes any former employee who met specified criteria during his or her employment. The bill would change the definition of improper governmental activity to include any activity by an employee that is undertaken in the performance of 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 would change the definition of protected disclosure to specifically include any good faith communication to the Bureau of State Audits alleging an improper governmental activity and any evidence delivered to the Bureau of State Audits in support of the allegation. The State Auditor also would be authorized to provide to the employees' appointing power any evidence gathered during the investigation that in his or her judgment is necessary to support an adverse action. The State Auditor would be required to create, as specified, the means for the submission of reports of improper governmental activity both by transmission via mail or other carrier to a specified mailing address and by electronic transmission through an Internet Web site portal. The State Auditor would be prohibited from disclosing the identity of a person who provides information in confidence to further an investigation, subject to specified exceptions. The State Auditor may include recommended actions to prevent the continuation or recurrence of the improper governmental activity with the report that details the improper governmental activity to the head of the employing agency.
Who sponsors AB 567?
AB 567 is sponsored by Villines.
What is the current status of AB 567?
This bill has been enacted into law. Introduced February 25, 2009. Enacted.
Where can I track AB 567?
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