California Assembly Bill AB1197 Amended / Bill

 BILL NUMBER: AB 1197AMENDED BILL TEXT AMENDED IN ASSEMBLY JANUARY 11, 2012 AMENDED IN ASSEMBLY JANUARY 4, 2012 AMENDED IN ASSEMBLY MARCH 31, 2011 INTRODUCED BY Assembly Member Hill FEBRUARY 18, 2011 An act to add Article 7 (commencing with Section 8295) to Chapter 7 of Division 4 of the Public Utilities Code, relating to  public utility employees   whistleblower protection  . LEGISLATIVE COUNSEL'S DIGEST AB 1197, as amended, Hill.  Public utility employees: whistleblowers.   Whistleblower protection.  Under existing law, the Public Utilities Commission has regulatory authority over public utilities. The California Constitution authorizes the commission to establish rules for all public utilities, subject to control by the Legislature. This bill would require the commission to establish a comprehensive whistleblower protection program to protect public utility employees  , former employees, and third   -party contractors and subcontractors  from  management  retaliation for bringing information to the commission or other public entities, as defined, regarding  unreported   ,   but not limited to,  safety issues. Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the bill would require the commission to adopt rules for the protection of whistleblowers and a violation of these rules would be a crime, the bill would impose a state-mandated local program by creating a new crime. 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. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Article 7 (commencing with Section 8295) is added to Chapter 7 of Division 4 of the Public Utilities Code, to read: Article 7. Whistleblower Protection Program 8295. The commission shall establish a comprehensive whistleblower protection program to protect public utility employees  , former employees, and third   -party contractors and subcontractors  from  management  retaliation for bringing information to the commission or other public entities regarding  unreported   , but not limited to,  safety issues. For  these purposes   purposes of this section  , "other public entities" includes the whistleblower hotline maintained by the Attorney General pursuant to Section 1102.7 of the Labor Code. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.