California 2011-2012 Regular Session Status: In Committee

AB 2256 — California Legislature Whistleblower Protection Act.

Last action — From committee without further action pursuant to Joint Rule 62(a).

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

This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the California Whistleblower Protection Act, prohibits a state employee from using his or her official authority or influence to discourage or retaliate against any person in order to interfere with the right of that person to disclose evidence of an improper government activity. The act requires the State Auditor to investigate disclosures of improper government activities. The act expressly does not apply to an employee who is a Member or employee of the Legislature. This bill would enact, and would require the Fair Political Practices Commission to administer, the California Legislature Whistleblower Protection Act. The act would prohibit a Member or employee of the Legislature from directly or indirectly using or attempting to use his or her official authority or influence to retaliate, threaten, coerce, or engage in any similar improper act for the purpose of interfering with the right of an employee of the Legislature to make a protected disclosure of improper governmental activity or to refuse an illegal order, as defined. The act would authorize a current, prospective, or former employee of the Legislature, as specified, within one year of the most recent improper act complained of, to file a written complaint with his or her supervisor, manager, or other officer designated by the Senate Committee on Rules or the Assembly Committee on Rules alleging actual or attempted violations of these prohibited acts. The act would provide that any Member or employee of the Legislature who intentionally engages in these prohibited acts is subject to, except as specified, a civil action brought by the injured party in addition to specified civil and criminal penalties. The act would require the commission to create the means for the submission of allegations of improper governmental activities to the commission, and would authorize the commission to investigate the allegations or refer them to the Senate Committee on Rules or the Assembly Committee on Rules, the Attorney General, or the appropriate district attorney for investigation. The act would require the commission, if it investigates an allegation and determines that a Member or employee of the Legislature may have engaged or participated in such activities, to prepare an investigative report and send a copy to the Senate Committee on Rules or the Assembly Committee on Rules, as applicable. The act would also authorize the commission, as it deems appropriate, to send a copy of the investigative report to other entities. This bill would impose a state-mandated local program by creating additional crimes. 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.

Bill Text

What changed in the latest version

1 added · 1 removed

1 line(s) added, 1 removed.

→
Previous
Latest
Bill Number Bill Keyword Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Bill Information >> Bill Search >> Text Bill TextBill Information PDF2 Add To My Favorites | Version:
Bill Number Bill Keyword Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Bill Information >> Bill Search >> Text Bill Text PDF2 Add To My Favorites | Version:
View plain text versions (2)

Action History

  1. From committee without further action pursuant to Joint Rule 62(a).

  2. In committee: Set, first hearing. Failed passage.

  3. In committee: Hearing postponed by committee.

  4. Referred to Com. on JUD.

  5. Read first time.

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

  7. Introduced. To print.

Sponsors

  • Portantino · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Portantino

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

Subjects

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 2256 do?
Existing law, the California Whistleblower Protection Act, prohibits a state employee from using his or her official authority or influence to discourage or retaliate against any person in order to interfere with the right of that person to disclose evidence of an improper government activity. The act requires the State Auditor to investigate disclosures of improper government activities. The act expressly does not apply to an employee who is a Member or employee of the Legislature. This bill would enact, and would require the Fair Political Practices Commission to administer, the California Legislature Whistleblower Protection Act. The act would prohibit a Member or employee of the Legislature from directly or indirectly using or attempting to use his or her official authority or influence to retaliate, threaten, coerce, or engage in any similar improper act for the purpose of interfering with the right of an employee of the Legislature to make a protected disclosure of improper governmental activity or to refuse an illegal order, as defined. The act would authorize a current, prospective, or former employee of the Legislature, as specified, within one year of the most recent improper act complained of, to file a written complaint with his or her supervisor, manager, or other officer designated by the Senate Committee on Rules or the Assembly Committee on Rules alleging actual or attempted violations of these prohibited acts. The act would provide that any Member or employee of the Legislature who intentionally engages in these prohibited acts is subject to, except as specified, a civil action brought by the injured party in addition to specified civil and criminal penalties. The act would require the commission to create the means for the submission of allegations of improper governmental activities to the commission, and would authorize the commission to investigate the allegations or refer them to the Senate Committee on Rules or the Assembly Committee on Rules, the Attorney General, or the appropriate district attorney for investigation. The act would require the commission, if it investigates an allegation and determines that a Member or employee of the Legislature may have engaged or participated in such activities, to prepare an investigative report and send a copy to the Senate Committee on Rules or the Assembly Committee on Rules, as applicable. The act would also authorize the commission, as it deems appropriate, to send a copy of the investigative report to other entities. This bill would impose a state-mandated local program by creating additional crimes. 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.
Who sponsors AB 2256?
AB 2256 is sponsored by Portantino.
What is the current status of AB 2256?
This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2256?
Track AB 2256 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 2256

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Stay ahead of AB 2256

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →