California 2011-2012 Regular Session Status: Enacted

AB 1102 — State Auditor.

Last action — Chaptered by Secretary of State - Chapter 328, Statutes of 2011.

  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 18, 2011. 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 6 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 out the authority and duties of the State Auditor in conducting audits and surveys of specified entities, and of contracting for goods and services on behalf of the Bureau of State Audits. Existing law provides for reimbursement of the State Auditor by annual appropriation in the Budget Act, for specified costs incurred by the State Auditor in the performance of certain duties. Existing law authorizes and provides access to the State Auditor and his or her authorized representatives to examine and reproduce various records of any agency of the state. Existing law provides that any law providing for the confidentiality of any records or property will not prevent the State Auditor from having access to those records or property, unless the law specifically refers to and precludes the State Auditor from accessing those records or property. This bill would revise the provisions governing the scope and conduct of audits and surveys by the State Auditor and costs for which the State Audit Fund may be reimbursed. The bill would define the phrase "confidentiality of records or property" to mean, for the purposes of these provisions, that the record or property may lawfully be kept confidential as a result of a statutory or common law privilege or any other provision of law. This bill would also provide that providing confidential information to the State Auditor, including information subject to a privilege, does not constitute a waiver of that privilege. This bill would state that these changes are declaratory of existing law. (2) The California Whistleblower Protection Act requires the State Auditor to administer the act and to investigate and report on improper governmental activities, as defined. The act requires the State Auditor to establish a means of submitting allegations of improper governmental activity, and prohibits the State Auditor from disclosing the identity of a person who provides information that results in an investigation unless the person provides written permission to make that disclosure. This bill would instead prohibit the State Auditor from disclosing the identity of the person who provides information that results in an investigation without obtaining the person's express permission. This bill would revise the definition of improper governmental activities to include more activities, including actions that are a violation of an Executive order, a California Rule of Court, or any policy or procedure mandated by the State Administrative Manual or State Contracting Manual. (3) The act authorizes the State Auditor to request the assistance of any state department, agency, or employee in conducting any investigation required by the act. This bill would expand that authorization to also authorize the State Auditor to request assistance evaluating an allegation or conducting any investigation of an improper governmental activity as authorized by the act. (4) The act requires the State Auditor, if he or she determines that an employee or agency has engaged in improper governmental activity, to issue an investigative report regarding that employee's specific activities, for purposes of pursuing adverse action against that employee. The act also requires the State Auditor to report the nature and details of the activity to the head of the agency or the appropriate appointing power, and authorizes the report to include recommended actions to prevent the reoccurrence of the activity. This bill would revise those provisions to also authorize the State Auditor to report the findings of an investigation, and certain evidence to support that finding, to additional entities or individuals, including the head of any other agency that has direct oversight over the agency involved, a criminal law enforcement agency, an administrative law enforcement agency, or a licensing agency that has authority to investigate the matter. This bill would also provide that, as an alternative to conducting its own investigation, the State Auditor is authorized to, if the State Auditor makes a certain finding on an allegation of improper governmental activities, refer an allegation to the involved state agency, or to another state agency having direct oversight of the involved state agency, to conduct an investigation of the allegation under the State Auditor's supervision. This bill would similarly authorize the State Auditor to refer an allegation to a criminal or administrative law enforcement agency. (5) Existing law requires the State Auditor to prepare for state employees a written explanation of the California Whistleblower Protection Act that includes prescribed information. Existing law requires the State Auditor to provide a notice to state agencies, as defined, that includes the information contained in the written explanation. Existing law prohibits state agencies from modifying the text of the notice. This bill would, for purposes of these provisions, conform the definition of state agency to the definition used in the California Whistleblower Protection Act, to include the Supreme Court, Court of Appeal, superior courts, and the Administrative Office of the Courts. The bill would require any agency that posts or advertises the opportunity to submit whistleblower complaints through a program administered by the agency, to also disclose the opportunity to submit complaints to the State Auditor under the California Whistleblower Protection Act. (6) This bill would also delete various obsolete provisions of law.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 328, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11:30 a.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 50. Noes 27. Page 2919.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 12. Page 2189.).

  7. Measure version as amended on August 29 corrected.

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

  9. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.

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

  11. In committee: Hearing postponed by committee.

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 4.) (June 28). Re-referred to Com. on APPR.

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

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

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

  16. Referred to Com. on G.O.

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

  18. Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 26. Page 1499.)

  19. Read second time. Ordered to third reading.

  20. From committee: Do pass. (Ayes 12. Noes 4.) (May 11).

  21. Re-referred to Com. on APPR.

  22. Read second time and amended.

  23. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (April 26).

  24. Re-referred to Com. on B., P. & C.P.

  25. From committee chair, with author's amendments: Amend, and re-refer to Com. on B., P. & C.P. Read second time and amended.

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

  27. From printer. May be heard in committee March 22.

  28. Read first time. To print.

Sponsors

  • Lara · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 5 voted No

Sponsors (1)

  • Lara

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

AB 1102 LARA Concurrence in Senate Amendments

Passed 50 Yea · 27 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 502502
Republican 0200
Democratic 0001
Total 502703
% of votes cast 63%34%0%4%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Nay
Butler — Yea
Furutani — Yea
Fong — Yea
Allen — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Ammiano — Yea
Cedillo — Yea
Davis — Yea
Hill — Yea
Hueso — Yea
Ma — Yea
Perea — Yea
Skinner — Yea
Williams — Yea
Galgiani — Yea
Campos — Yea
Garrick — Nay
Bonilla — Yea
Atkins — Yea
Gorell — Not Voting
Halderman — Nay
Fletcher — Nay
Hall — Yea
Harkey — Nay
Hayashi — Yea
Beall — Yea
Conway — Nay
Cook — Nay
Donnelly — Nay
Knight — Nay
Mendoza — Not Voting
Miller — Nay
Monning — Yea
Morrell — Nay
Nestande — Nay
Norby — Nay
Olsen — Nay
Pan — Yea
Silva — Nay
Solorio — Yea
Valadao — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Huffman — Yea
Jeffries — Nay
Lara — Yea
Logue — Nay
Mansoor — Nay
Nielsen — Nay
Smyth — Nay
Swanson — Yea
Torres — Yea
Wagner — Nay
Chesbro — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Fuentes — Yea
Gatto — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB1102 Lara By De León

Passed 23 Yea · 12 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 221104
Democratic 1001
Republican 0100
Total 231205
% of votes cast 58%30%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Fuller — Nay
Lowenthal — Yea
De León — Yea
Rubio — Yea
Corbett — Yea
Runner — Nay
Blakeslee — Nay
Dutton — Nay
Leno — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Walters — Nay
Wright — Yea
Negrete McLeod — Not Voting
Harman — Not Voting
Alquist — Yea
Anderson — Nay
Hernandez — Yea
Huff — Nay
Kehoe — Yea
Lieu — Yea
Simitian — Yea
Wolk — Yea
Cannella — Not Voting
Emmerson — Nay
Correa — Nay
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Do pass, but re-refer to the Committee on Appropriations.

Passed 9 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7300
Democratic 2000
Republican 0100
Total 9400
% of votes cast 69%31%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Yea
Corbett — Yea
De León — Yea
Anderson — Nay
Wright — Yea
Cannella — Nay
Hernandez — Yea
Evans — Yea
Bill Berryhill — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 1102 LARA Assembly Third Reading

Passed 51 Yea · 26 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 502403
Republican 0200
Democratic 1000
Total 512603
% of votes cast 64%33%0%4%
How each member voted (80)
Member Party Vote
Gordon — Yea
Halderman — Nay
Hall — Yea
Butler — Yea
Fuentes — Yea
Fong — Yea
Furutani — Yea
Allen — Yea
Garrick — Nay
Gatto — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hagman — Nay
Harkey — Nay
Hayashi — Yea
Carter — Yea
Huber — Yea
Bonilla — Yea
Atkins — Yea
Hueso — Yea
Cedillo — Yea
Jeffries — Nay
Fletcher — Nay
Alejo — Yea
Beall — Yea
Block — Yea
Chesbro — Yea
Conway — Nay
Davis — Yea
Knight — Nay
Logue — Nay
Mendoza — Yea
Monning — Yea
Nestande — Nay
Norby — Nay
Olsen — Nay
Perea — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torres — Yea
Valadao — Nay
Wieckowski — Yea
Williams — Yea
Donnelly — Nay
Miller — Nay
Morrell — Nay
Gorell — Not Voting
Achadjian — Nay
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Lara — Yea
Ma — Not Voting
Mansoor — Nay
Nielsen — Nay
Pan — Yea
Skinner — Yea
Swanson — Yea
Wagner — Nay
Cook — Not Voting
Eng — Yea
Feuer — Yea
Dickinson — Yea
Galgiani — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11401
Democratic 1000
Total 12401
% of votes cast 71%24%0%6%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Campos — Yea
Hall — Yea
Mitchell — Yea
Hill — Yea
Davis — Yea
Donnelly — Not Voting
Norby — Nay
Wagner — Nay
Blumenfield — Yea
Bradford — Yea
Harkey — Nay
Lara — Yea
Nielsen — Nay
Solorio — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1102 do?
(1) Existing law sets out the authority and duties of the State Auditor in conducting audits and surveys of specified entities, and of contracting for goods and services on behalf of the Bureau of State Audits. Existing law provides for reimbursement of the State Auditor by annual appropriation in the Budget Act, for specified costs incurred by the State Auditor in the performance of certain duties. Existing law authorizes and provides access to the State Auditor and his or her authorized representatives to examine and reproduce various records of any agency of the state. Existing law provides that any law providing for the confidentiality of any records or property will not prevent the State Auditor from having access to those records or property, unless the law specifically refers to and precludes the State Auditor from accessing those records or property. This bill would revise the provisions governing the scope and conduct of audits and surveys by the State Auditor and costs for which the State Audit Fund may be reimbursed. The bill would define the phrase "confidentiality of records or property" to mean, for the purposes of these provisions, that the record or property may lawfully be kept confidential as a result of a statutory or common law privilege or any other provision of law. This bill would also provide that providing confidential information to the State Auditor, including information subject to a privilege, does not constitute a waiver of that privilege. This bill would state that these changes are declaratory of existing law. (2) The California Whistleblower Protection Act requires the State Auditor to administer the act and to investigate and report on improper governmental activities, as defined. The act requires the State Auditor to establish a means of submitting allegations of improper governmental activity, and prohibits the State Auditor from disclosing the identity of a person who provides information that results in an investigation unless the person provides written permission to make that disclosure. This bill would instead prohibit the State Auditor from disclosing the identity of the person who provides information that results in an investigation without obtaining the person's express permission. This bill would revise the definition of improper governmental activities to include more activities, including actions that are a violation of an Executive order, a California Rule of Court, or any policy or procedure mandated by the State Administrative Manual or State Contracting Manual. (3) The act authorizes the State Auditor to request the assistance of any state department, agency, or employee in conducting any investigation required by the act. This bill would expand that authorization to also authorize the State Auditor to request assistance evaluating an allegation or conducting any investigation of an improper governmental activity as authorized by the act. (4) The act requires the State Auditor, if he or she determines that an employee or agency has engaged in improper governmental activity, to issue an investigative report regarding that employee's specific activities, for purposes of pursuing adverse action against that employee. The act also requires the State Auditor to report the nature and details of the activity to the head of the agency or the appropriate appointing power, and authorizes the report to include recommended actions to prevent the reoccurrence of the activity. This bill would revise those provisions to also authorize the State Auditor to report the findings of an investigation, and certain evidence to support that finding, to additional entities or individuals, including the head of any other agency that has direct oversight over the agency involved, a criminal law enforcement agency, an administrative law enforcement agency, or a licensing agency that has authority to investigate the matter. This bill would also provide that, as an alternative to conducting its own investigation, the State Auditor is authorized to, if the State Auditor makes a certain finding on an allegation of improper governmental activities, refer an allegation to the involved state agency, or to another state agency having direct oversight of the involved state agency, to conduct an investigation of the allegation under the State Auditor's supervision. This bill would similarly authorize the State Auditor to refer an allegation to a criminal or administrative law enforcement agency. (5) Existing law requires the State Auditor to prepare for state employees a written explanation of the California Whistleblower Protection Act that includes prescribed information. Existing law requires the State Auditor to provide a notice to state agencies, as defined, that includes the information contained in the written explanation. Existing law prohibits state agencies from modifying the text of the notice. This bill would, for purposes of these provisions, conform the definition of state agency to the definition used in the California Whistleblower Protection Act, to include the Supreme Court, Court of Appeal, superior courts, and the Administrative Office of the Courts. The bill would require any agency that posts or advertises the opportunity to submit whistleblower complaints through a program administered by the agency, to also disclose the opportunity to submit complaints to the State Auditor under the California Whistleblower Protection Act. (6) This bill would also delete various obsolete provisions of law.
Who sponsors AB 1102?
AB 1102 is sponsored by Lara.
What is the current status of AB 1102?
This bill has been enacted into law. Introduced February 18, 2011. Enacted.
Where can I track AB 1102?
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