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| 1 | - | Assembly Bill No. | |
| 1 | + | Amended IN Senate January 29, 2018 Amended IN Senate January 23, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 403Introduced by Assembly Members Melendez, Dahle, Cristina Garcia, and Friedman, and Cristina Garcia(Principal coauthors: Senators Portantino and Vidak)(Coauthors: Assembly Members Acosta, Travis Allen, Arambula, Baker, Berman, Bigelow, Bonta, Brough, Cervantes, Chau, Chvez, Chen, Chiu, Choi, Chu, Flora, Fong, Gallagher, Gray, Harper, Irwin, Kiley, Lackey, Levine, Limn, Maienschein, Mayes, Mullin, Muratsuchi, Nazarian, Patterson, Quirk, Rodriguez, Steinorth, Ting, Voepel, Waldron, and Wood)(Coauthors: Senators Allen, Anderson, Bates, Berryhill, Bradford, Cannella, Dodd, Fuller, Gaines, Galgiani, Hill, Leyva, McGuire, Moorlach, Morrell, Nguyen, Nielsen, Roth, Stone, Wiener, and Wilk)February 09, 2017An act to add Article 11 (commencing with Section 9149.30) to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, relating to the Legislature, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 403, as amended, Melendez. Legislature: Legislative Employee Whistleblower Protection Act.Existing law generally protects employees who disclose illegal or improper workplace activities by prohibiting interference with, and retaliation for, making such disclosures. Existing law provides procedures for a person to file a complaint alleging violations of legislative ethics. Existing law also authorizes each house of the Legislature to adopt rules for its proceedings and to select committees necessary for the conduct of its business. This bill would impose criminal and civil liability on a Member of the Legislature or legislative employee, as defined, who interferes with, or retaliates against, a legislative employees exercise of the right to make a protected disclosure, which is defined as a good faith allegation made by a legislative employee to specified entities that a Member of the Legislature or a legislative employee has engaged in, or will engage in, activity that may constitute a violation of law, including sexual harassment, or a violation of a legislative standard of conduct. The bill would provide that the identity of disclosures and witnesses, as well as records relating to investigations of protected disclosures, are confidential, except as specified. The bill would also impose civil liability on an entity that interferes with, or retaliates against, a legislative employees exercise of the right to make a protected disclosure, as specified.By creating new crimes, the bill would impose a state-mandated local program. 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.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 11 (commencing with Section 9149.30) is added to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, to read: Article 11. Legislative Employee Whistleblower Protection Act9149.30. This article shall be known and may be cited as the Legislative Employee Whistleblower Protection Act.9149.31. The Legislature finds and declares that that, in addition to existing retaliation protections under Section 1102.5 of the Labor Code and under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), it is necessary to establish a specific process for legislative employees should be free to who report legal and ethical violations violations, so that they may do so without fear of retribution.9149.32. For the purposes of this article, the following terms have the following meanings:(a) Interfere means to intimidate, threaten, coerce, or command, or attempt to intimidate, threaten, coerce, or command a legislative employee who attempts to make a protected disclosure.(b) Legislative employee means an individual, other than a Member of either house of the Legislature, who is, or has been, employed by either house of the Legislature. Legislative employee includes volunteers, interns, fellows, and applicants.(c) (1)Protected disclosure means a good faith communication made by a legislative employee to an entity listed in paragraph (2) alleging that is made in good faith alleging that a Member of the Legislature or legislative employee engaged in, or will engage in, activity that may constitute a violation of any law, including sexual harassment, or of a legislative code of conduct. A protected disclosure is a disclosure that is protected under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code) or made to any of the following entities:(2)A protected disclosure may be made to any of the following entities:(A)(1) The Senate Committee on Rules, or its publicly identified designee.(B)(2) The Assembly Committee on Rules, or its publicly identified designee.(C)(3) The Joint Committee on Rules, or its publicly identified designee.(D)(4) A state or local law enforcement agency.(E)(5) A state agency authorized to investigate potential violations of state law.(6) An individual with authority over the legislative employee, or another legislative employee who has authority to investigate, discover, or correct the violation or noncompliance.(d) Retaliate means to commit an act of retaliation, to take any action that would dissuade a reasonable individual from making or supporting a protected disclosure, including issuing a reprisal, threatening, coercing, or taking any similarly improper action against a legislative employee who makes a protected disclosure.(e) Use of official authority or influence includes promising to confer, or conferring, any benefit; effecting, or threatening to effect, any reprisal; and or taking, or directing others to take, or recommending, processing, or approving, any personnel action, including an appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action.9149.33. (a) A Member of the Legislature or legislative employee shall not directly or indirectly use or attempt to use that persons individuals official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure.(b) A person An individual who violates this section is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year.(c) In addition to all other penalties penalties, rights, or remedies provided by law, a person who violates this section an individual or entity that uses or attempts to use its official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure is liable in a civil action for damages brought by a legislative employee.(d) This section shall not be construed to authorize an individual to disclose information the disclosure of which is prohibited by law.9149.34.(a)A recipient of a protected disclosure shall keep confidential the identity of the person or persons who made the protected disclosure and of any witnesses unless expressly authorized by those persons to reveal them or disclosure is otherwise required by law.(b)Records relating to an investigation of the allegations in a protected disclosure, including investigative files and work product, are confidential, unless disclosure is otherwise required by law.9149.35.9149.34. A person An individual who intentionally retaliates against a legislative employee for having made a protected disclosure is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year.9149.36.9149.35. (a) In addition to all other penalties penalties, rights, and remedies provided by law, a person who an individual or entity that intentionally retaliates against a legislative employee for having made a protected disclosure is liable in a civil action for damages brought by a legislative employee.(b) (1) In any civil action, once it has been demonstrated by a preponderance of the evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a legislative employee, the burden of proof is on the offending party to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the legislative employee had not made a protected disclosure.(2) If liability is established under subdivision (b), paragraph (1), the aggrieved party prevailing plaintiff is entitled to recover reasonable attorneys fees. fees and costs.(3) Punitive damages may be awarded by the court if the acts of the offending party are proven to be fraudulent, oppressive, or malicious.9149.37.9149.36. (a) This article does not diminish the rights, privileges, or remedies of a legislative employee under any other federal or state law. limit the application of any other rights or remedies under federal or state law, and any penalties imposed or damages awarded under this article are in addition to those provided under any other federal or state law, including, but not limited to, Section 1102.5 of the Labor Code and the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code).(b) This article does not limit the authority conferred upon the Attorney General, any state or federal law enforcement agency, or any other commission, department, or agency authorized to investigate the Legislature.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to protect victims of sexual harassment and prevent further misconduct, it is necessary for this act to take effect immediately. | |
| 2 | 2 | ||
| 3 | - | Assembly Bill No. 403 CHAPTER 2An act to add Article 11 (commencing with Section 9149.30) to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, relating to the Legislature, and declaring the urgency thereof, to take effect immediately. [ Approved by Governor February 05, 2018. Filed with Secretary of State February 05, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 403, Melendez. Legislature: Legislative Employee Whistleblower Protection Act.Existing law generally protects employees who disclose illegal or improper workplace activities by prohibiting interference with, and retaliation for, making such disclosures. Existing law provides procedures for a person to file a complaint alleging violations of legislative ethics. Existing law also authorizes each house of the Legislature to adopt rules for its proceedings and to select committees necessary for the conduct of its business. This bill would impose criminal and civil liability on a Member of the Legislature or legislative employee, as defined, who interferes with, or retaliates against, a legislative employees exercise of the right to make a protected disclosure, which is defined as a good faith allegation made by a legislative employee to specified entities that a Member of the Legislature or a legislative employee has engaged in, or will engage in, activity that may constitute a violation of law, including sexual harassment, or a violation of a legislative standard of conduct. The bill would also impose civil liability on an entity that interferes with, or retaliates against, a legislative employees exercise of the right to make a protected disclosure, as specified.By creating new crimes, the bill would impose a state-mandated local program. 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.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 3 | + | Amended IN Senate January 29, 2018 Amended IN Senate January 23, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 403Introduced by Assembly Members Melendez, Dahle, Cristina Garcia, and Friedman, and Cristina Garcia(Principal coauthors: Senators Portantino and Vidak)(Coauthors: Assembly Members Acosta, Travis Allen, Arambula, Baker, Berman, Bigelow, Bonta, Brough, Cervantes, Chau, Chvez, Chen, Chiu, Choi, Chu, Flora, Fong, Gallagher, Gray, Harper, Irwin, Kiley, Lackey, Levine, Limn, Maienschein, Mayes, Mullin, Muratsuchi, Nazarian, Patterson, Quirk, Rodriguez, Steinorth, Ting, Voepel, Waldron, and Wood)(Coauthors: Senators Allen, Anderson, Bates, Berryhill, Bradford, Cannella, Dodd, Fuller, Gaines, Galgiani, Hill, Leyva, McGuire, Moorlach, Morrell, Nguyen, Nielsen, Roth, Stone, Wiener, and Wilk)February 09, 2017An act to add Article 11 (commencing with Section 9149.30) to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, relating to the Legislature, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 403, as amended, Melendez. Legislature: Legislative Employee Whistleblower Protection Act.Existing law generally protects employees who disclose illegal or improper workplace activities by prohibiting interference with, and retaliation for, making such disclosures. Existing law provides procedures for a person to file a complaint alleging violations of legislative ethics. Existing law also authorizes each house of the Legislature to adopt rules for its proceedings and to select committees necessary for the conduct of its business. This bill would impose criminal and civil liability on a Member of the Legislature or legislative employee, as defined, who interferes with, or retaliates against, a legislative employees exercise of the right to make a protected disclosure, which is defined as a good faith allegation made by a legislative employee to specified entities that a Member of the Legislature or a legislative employee has engaged in, or will engage in, activity that may constitute a violation of law, including sexual harassment, or a violation of a legislative standard of conduct. The bill would provide that the identity of disclosures and witnesses, as well as records relating to investigations of protected disclosures, are confidential, except as specified. The bill would also impose civil liability on an entity that interferes with, or retaliates against, a legislative employees exercise of the right to make a protected disclosure, as specified.By creating new crimes, the bill would impose a state-mandated local program. 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.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | + | ||
| 5 | + | Amended IN Senate January 29, 2018 Amended IN Senate January 23, 2018 | |
| 6 | + | ||
| 7 | + | Amended IN Senate January 29, 2018 | |
| 8 | + | Amended IN Senate January 23, 2018 | |
| 9 | + | ||
| 10 | + | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 4 | 11 | ||
| 5 | 12 | Assembly Bill No. 403 | |
| 6 | - | CHAPTER 2 | |
| 13 | + | ||
| 14 | + | Introduced by Assembly Members Melendez, Dahle, Cristina Garcia, and Friedman, and Cristina Garcia(Principal coauthors: Senators Portantino and Vidak)(Coauthors: Assembly Members Acosta, Travis Allen, Arambula, Baker, Berman, Bigelow, Bonta, Brough, Cervantes, Chau, Chvez, Chen, Chiu, Choi, Chu, Flora, Fong, Gallagher, Gray, Harper, Irwin, Kiley, Lackey, Levine, Limn, Maienschein, Mayes, Mullin, Muratsuchi, Nazarian, Patterson, Quirk, Rodriguez, Steinorth, Ting, Voepel, Waldron, and Wood)(Coauthors: Senators Allen, Anderson, Bates, Berryhill, Bradford, Cannella, Dodd, Fuller, Gaines, Galgiani, Hill, Leyva, McGuire, Moorlach, Morrell, Nguyen, Nielsen, Roth, Stone, Wiener, and Wilk)February 09, 2017 | |
| 15 | + | ||
| 16 | + | Introduced by Assembly Members Melendez, Dahle, Cristina Garcia, and Friedman, and Cristina Garcia(Principal coauthors: Senators Portantino and Vidak)(Coauthors: Assembly Members Acosta, Travis Allen, Arambula, Baker, Berman, Bigelow, Bonta, Brough, Cervantes, Chau, Chvez, Chen, Chiu, Choi, Chu, Flora, Fong, Gallagher, Gray, Harper, Irwin, Kiley, Lackey, Levine, Limn, Maienschein, Mayes, Mullin, Muratsuchi, Nazarian, Patterson, Quirk, Rodriguez, Steinorth, Ting, Voepel, Waldron, and Wood)(Coauthors: Senators Allen, Anderson, Bates, Berryhill, Bradford, Cannella, Dodd, Fuller, Gaines, Galgiani, Hill, Leyva, McGuire, Moorlach, Morrell, Nguyen, Nielsen, Roth, Stone, Wiener, and Wilk) | |
| 17 | + | February 09, 2017 | |
| 7 | 18 | ||
| 8 | 19 | An act to add Article 11 (commencing with Section 9149.30) to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, relating to the Legislature, and declaring the urgency thereof, to take effect immediately. | |
| 9 | - | ||
| 10 | - | [ Approved by Governor February 05, 2018. Filed with Secretary of State February 05, 2018. ] | |
| 11 | 20 | ||
| 12 | 21 | LEGISLATIVE COUNSEL'S DIGEST | |
| 13 | 22 | ||
| 14 | 23 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 15 | 24 | ||
| 16 | - | AB 403, Melendez. Legislature: Legislative Employee Whistleblower Protection Act. | |
| 25 | + | AB 403, as amended, Melendez. Legislature: Legislative Employee Whistleblower Protection Act. | |
| 17 | 26 | ||
| 18 | - | Existing law generally protects employees who disclose illegal or improper workplace activities by prohibiting interference with, and retaliation for, making such disclosures. Existing law provides procedures for a person to file a complaint alleging violations of legislative ethics. Existing law also authorizes each house of the Legislature to adopt rules for its proceedings and to select committees necessary for the conduct of its business. This bill would impose criminal and civil liability on a Member of the Legislature or legislative employee, as defined, who interferes with, or retaliates against, a legislative employees exercise of the right to make a protected disclosure, which is defined as a good faith allegation made by a legislative employee to specified entities that a Member of the Legislature or a legislative employee has engaged in, or will engage in, activity that may constitute a violation of law, including sexual harassment, or a violation of a legislative standard of conduct. The bill would also impose civil liability on an entity that interferes with, or retaliates against, a legislative employees exercise of the right to make a protected disclosure, as specified.By creating new crimes, the bill would impose a state-mandated local program. 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.This bill would declare that it is to take effect immediately as an urgency statute. | |
| 27 | + | Existing law generally protects employees who disclose illegal or improper workplace activities by prohibiting interference with, and retaliation for, making such disclosures. Existing law provides procedures for a person to file a complaint alleging violations of legislative ethics. Existing law also authorizes each house of the Legislature to adopt rules for its proceedings and to select committees necessary for the conduct of its business. This bill would impose criminal and civil liability on a Member of the Legislature or legislative employee, as defined, who interferes with, or retaliates against, a legislative employees exercise of the right to make a protected disclosure, which is defined as a good faith allegation made by a legislative employee to specified entities that a Member of the Legislature or a legislative employee has engaged in, or will engage in, activity that may constitute a violation of law, including sexual harassment, or a violation of a legislative standard of conduct. The bill would provide that the identity of disclosures and witnesses, as well as records relating to investigations of protected disclosures, are confidential, except as specified. The bill would also impose civil liability on an entity that interferes with, or retaliates against, a legislative employees exercise of the right to make a protected disclosure, as specified.By creating new crimes, the bill would impose a state-mandated local program. 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.This bill would declare that it is to take effect immediately as an urgency statute. | |
| 19 | 28 | ||
| 20 | 29 | Existing law generally protects employees who disclose illegal or improper workplace activities by prohibiting interference with, and retaliation for, making such disclosures. Existing law provides procedures for a person to file a complaint alleging violations of legislative ethics. Existing law also authorizes each house of the Legislature to adopt rules for its proceedings and to select committees necessary for the conduct of its business. | |
| 21 | 30 | ||
| 22 | - | This bill would impose criminal and civil liability on a Member of the Legislature or legislative employee, as defined, who interferes with, or retaliates against, a legislative employees exercise of the right to make a protected disclosure, which is defined as a good faith allegation made by a legislative employee to specified entities that a Member of the Legislature or a legislative employee has engaged in, or will engage in, activity that may constitute a violation of law, including sexual harassment, or a violation of a legislative standard of conduct. The bill would also impose civil liability on an entity that interferes with, or retaliates against, a legislative employees exercise of the right to make a protected disclosure, as specified. | |
| 31 | + | This bill would impose criminal and civil liability on a Member of the Legislature or legislative employee, as defined, who interferes with, or retaliates against, a legislative employees exercise of the right to make a protected disclosure, which is defined as a good faith allegation made by a legislative employee to specified entities that a Member of the Legislature or a legislative employee has engaged in, or will engage in, activity that may constitute a violation of law, including sexual harassment, or a violation of a legislative standard of conduct. The bill would provide that the identity of disclosures and witnesses, as well as records relating to investigations of protected disclosures, are confidential, except as specified. The bill would also impose civil liability on an entity that interferes with, or retaliates against, a legislative employees exercise of the right to make a protected disclosure, as specified. | |
| 23 | 32 | ||
| 24 | 33 | By creating new crimes, the bill would impose a state-mandated local program. | |
| 25 | 34 | ||
| 26 | 35 | 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. | |
| 27 | 36 | ||
| 28 | 37 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 29 | 38 | ||
| 30 | 39 | This bill would declare that it is to take effect immediately as an urgency statute. | |
| 31 | 40 | ||
| 32 | 41 | ## Digest Key | |
| 33 | 42 | ||
| 34 | 43 | ## Bill Text | |
| 35 | 44 | ||
| 36 | - | The people of the State of California do enact as follows:SECTION 1. Article 11 (commencing with Section 9149.30) is added to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, to read: Article 11. Legislative Employee Whistleblower Protection Act9149.30. This article shall be known and may be cited as the Legislative Employee Whistleblower Protection Act.9149.31. The Legislature finds and declares that, in addition to existing retaliation protections under Section 1102.5 of the Labor Code and under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), it is necessary to establish a specific process for legislative employees who report legal and ethical violations, so that they may do so without fear of retribution.9149.32. For the purposes of this article, the following terms have the following meanings:(a) Interfere means to intimidate, threaten, coerce, or command, or attempt to intimidate, threaten, coerce, or command a legislative employee who attempts to make a protected disclosure.(b) Legislative employee means an individual, other than a Member of either house of the Legislature, who is, or has been, employed by either house of the Legislature. Legislative employee includes volunteers, interns, fellows, and applicants.(c) Protected disclosure means a communication by a legislative employee that is made in good faith alleging that a Member of the Legislature or legislative employee engaged in, or will engage in, activity that may constitute a violation of any law, including sexual harassment, or of a legislative code of conduct. A protected disclosure is a disclosure that is protected under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code) or made to any of the following entities:(1) The Senate Committee on Rules, or its publicly identified designee.(2) The Assembly Committee on Rules, or its publicly identified designee.(3) The Joint Committee on Rules, or its publicly identified designee.(4) A state or local law enforcement agency.(5) A state agency authorized to investigate potential violations of state law.(6) An individual with authority over the legislative employee, or another legislative employee who has authority to investigate, discover, or correct the violation or noncompliance.(d) Retaliate means to take any action that would dissuade a reasonable individual from making or supporting a protected disclosure, including issuing a reprisal, threatening, coercing, or taking any similarly improper action against a legislative employee who makes a protected disclosure.(e) Use of official authority or influence includes promising to confer, or conferring, any benefit; effecting, or threatening to effect, any reprisal; or taking, or directing others to take, or recommending, processing, or approving, any personnel action, including an appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action.9149.33. (a) A Member of the Legislature or legislative employee shall not directly or indirectly use or attempt to use that individuals official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure.(b) An individual who violates this section is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year.(c) In addition to all other penalties, rights, or remedies provided by law, an individual or entity that uses or attempts to use its official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure is liable in a civil action for damages brought by a legislative employee.(d) This section shall not be construed to authorize an individual to disclose information the disclosure of which is prohibited by law.9149.34. An individual who intentionally retaliates against a legislative employee for having made a protected disclosure is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year.9149.35. (a) In addition to all other penalties, rights, and remedies provided by law, an individual or entity that intentionally retaliates against a legislative employee for having made a protected disclosure is liable in a civil action for damages brought by a legislative employee.(b) (1) In any civil action, once it has been demonstrated by a preponderance of the evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a legislative employee, the burden of proof is on the offending party to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the legislative employee had not made a protected disclosure.(2) If liability is established under paragraph (1), the prevailing plaintiff is entitled to recover reasonable attorneys fees and costs.(3) Punitive damages may be awarded by the court if the acts of the offending party are proven to be fraudulent, oppressive, or malicious.9149.36. (a) This article does not limit the application of any other rights or remedies under federal or state law, and any penalties imposed or damages awarded under this article are in addition to those provided under any other federal or state law, including, but not limited to, Section 1102.5 of the Labor Code and the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code).(b) This article does not limit the authority conferred upon the Attorney General, any state or federal law enforcement agency, or any other commission, department, or agency authorized to investigate the Legislature.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to protect victims of sexual harassment and prevent further misconduct, it is necessary for this act to take effect immediately. | |
| 45 | + | The people of the State of California do enact as follows:SECTION 1. Article 11 (commencing with Section 9149.30) is added to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, to read: Article 11. Legislative Employee Whistleblower Protection Act9149.30. This article shall be known and may be cited as the Legislative Employee Whistleblower Protection Act.9149.31. The Legislature finds and declares that that, in addition to existing retaliation protections under Section 1102.5 of the Labor Code and under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), it is necessary to establish a specific process for legislative employees should be free to who report legal and ethical violations violations, so that they may do so without fear of retribution.9149.32. For the purposes of this article, the following terms have the following meanings:(a) Interfere means to intimidate, threaten, coerce, or command, or attempt to intimidate, threaten, coerce, or command a legislative employee who attempts to make a protected disclosure.(b) Legislative employee means an individual, other than a Member of either house of the Legislature, who is, or has been, employed by either house of the Legislature. Legislative employee includes volunteers, interns, fellows, and applicants.(c) (1)Protected disclosure means a good faith communication made by a legislative employee to an entity listed in paragraph (2) alleging that is made in good faith alleging that a Member of the Legislature or legislative employee engaged in, or will engage in, activity that may constitute a violation of any law, including sexual harassment, or of a legislative code of conduct. A protected disclosure is a disclosure that is protected under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code) or made to any of the following entities:(2)A protected disclosure may be made to any of the following entities:(A)(1) The Senate Committee on Rules, or its publicly identified designee.(B)(2) The Assembly Committee on Rules, or its publicly identified designee.(C)(3) The Joint Committee on Rules, or its publicly identified designee.(D)(4) A state or local law enforcement agency.(E)(5) A state agency authorized to investigate potential violations of state law.(6) An individual with authority over the legislative employee, or another legislative employee who has authority to investigate, discover, or correct the violation or noncompliance.(d) Retaliate means to commit an act of retaliation, to take any action that would dissuade a reasonable individual from making or supporting a protected disclosure, including issuing a reprisal, threatening, coercing, or taking any similarly improper action against a legislative employee who makes a protected disclosure.(e) Use of official authority or influence includes promising to confer, or conferring, any benefit; effecting, or threatening to effect, any reprisal; and or taking, or directing others to take, or recommending, processing, or approving, any personnel action, including an appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action.9149.33. (a) A Member of the Legislature or legislative employee shall not directly or indirectly use or attempt to use that persons individuals official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure.(b) A person An individual who violates this section is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year.(c) In addition to all other penalties penalties, rights, or remedies provided by law, a person who violates this section an individual or entity that uses or attempts to use its official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure is liable in a civil action for damages brought by a legislative employee.(d) This section shall not be construed to authorize an individual to disclose information the disclosure of which is prohibited by law.9149.34.(a)A recipient of a protected disclosure shall keep confidential the identity of the person or persons who made the protected disclosure and of any witnesses unless expressly authorized by those persons to reveal them or disclosure is otherwise required by law.(b)Records relating to an investigation of the allegations in a protected disclosure, including investigative files and work product, are confidential, unless disclosure is otherwise required by law.9149.35.9149.34. A person An individual who intentionally retaliates against a legislative employee for having made a protected disclosure is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year.9149.36.9149.35. (a) In addition to all other penalties penalties, rights, and remedies provided by law, a person who an individual or entity that intentionally retaliates against a legislative employee for having made a protected disclosure is liable in a civil action for damages brought by a legislative employee.(b) (1) In any civil action, once it has been demonstrated by a preponderance of the evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a legislative employee, the burden of proof is on the offending party to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the legislative employee had not made a protected disclosure.(2) If liability is established under subdivision (b), paragraph (1), the aggrieved party prevailing plaintiff is entitled to recover reasonable attorneys fees. fees and costs.(3) Punitive damages may be awarded by the court if the acts of the offending party are proven to be fraudulent, oppressive, or malicious.9149.37.9149.36. (a) This article does not diminish the rights, privileges, or remedies of a legislative employee under any other federal or state law. limit the application of any other rights or remedies under federal or state law, and any penalties imposed or damages awarded under this article are in addition to those provided under any other federal or state law, including, but not limited to, Section 1102.5 of the Labor Code and the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code).(b) This article does not limit the authority conferred upon the Attorney General, any state or federal law enforcement agency, or any other commission, department, or agency authorized to investigate the Legislature.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to protect victims of sexual harassment and prevent further misconduct, it is necessary for this act to take effect immediately. | |
| 37 | 46 | ||
| 38 | 47 | The people of the State of California do enact as follows: | |
| 39 | 48 | ||
| 40 | 49 | ## The people of the State of California do enact as follows: | |
| 41 | 50 | ||
| 42 | - | SECTION 1. Article 11 (commencing with Section 9149.30) is added to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, to read: Article 11. Legislative Employee Whistleblower Protection Act9149.30. This article shall be known and may be cited as the Legislative Employee Whistleblower Protection Act.9149.31. The Legislature finds and declares that, in addition to existing retaliation protections under Section 1102.5 of the Labor Code and under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), it is necessary to establish a specific process for legislative employees who report legal and ethical violations, so that they may do so without fear of retribution.9149.32. For the purposes of this article, the following terms have the following meanings:(a) Interfere means to intimidate, threaten, coerce, or command, or attempt to intimidate, threaten, coerce, or command a legislative employee who attempts to make a protected disclosure.(b) Legislative employee means an individual, other than a Member of either house of the Legislature, who is, or has been, employed by either house of the Legislature. Legislative employee includes volunteers, interns, fellows, and applicants.(c) Protected disclosure means a communication by a legislative employee that is made in good faith alleging that a Member of the Legislature or legislative employee engaged in, or will engage in, activity that may constitute a violation of any law, including sexual harassment, or of a legislative code of conduct. A protected disclosure is a disclosure that is protected under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code) or made to any of the following entities:(1) The Senate Committee on Rules, or its publicly identified designee.(2) The Assembly Committee on Rules, or its publicly identified designee.(3) The Joint Committee on Rules, or its publicly identified designee.(4) A state or local law enforcement agency.(5) A state agency authorized to investigate potential violations of state law.(6) An individual with authority over the legislative employee, or another legislative employee who has authority to investigate, discover, or correct the violation or noncompliance.(d) Retaliate means to take any action that would dissuade a reasonable individual from making or supporting a protected disclosure, including issuing a reprisal, threatening, coercing, or taking any similarly improper action against a legislative employee who makes a protected disclosure.(e) Use of official authority or influence includes promising to confer, or conferring, any benefit; effecting, or threatening to effect, any reprisal; or taking, or directing others to take, or recommending, processing, or approving, any personnel action, including an appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action.9149.33. (a) A Member of the Legislature or legislative employee shall not directly or indirectly use or attempt to use that individuals official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure.(b) An individual who violates this section is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year.(c) In addition to all other penalties, rights, or remedies provided by law, an individual or entity that uses or attempts to use its official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure is liable in a civil action for damages brought by a legislative employee.(d) This section shall not be construed to authorize an individual to disclose information the disclosure of which is prohibited by law.9149.34. An individual who intentionally retaliates against a legislative employee for having made a protected disclosure is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year.9149.35. (a) In addition to all other penalties, rights, and remedies provided by law, an individual or entity that intentionally retaliates against a legislative employee for having made a protected disclosure is liable in a civil action for damages brought by a legislative employee.(b) (1) In any civil action, once it has been demonstrated by a preponderance of the evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a legislative employee, the burden of proof is on the offending party to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the legislative employee had not made a protected disclosure.(2) If liability is established under paragraph (1), the prevailing plaintiff is entitled to recover reasonable attorneys fees and costs.(3) Punitive damages may be awarded by the court if the acts of the offending party are proven to be fraudulent, oppressive, or malicious.9149.36. (a) This article does not limit the application of any other rights or remedies under federal or state law, and any penalties imposed or damages awarded under this article are in addition to those provided under any other federal or state law, including, but not limited to, Section 1102.5 of the Labor Code and the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code).(b) This article does not limit the authority conferred upon the Attorney General, any state or federal law enforcement agency, or any other commission, department, or agency authorized to investigate the Legislature. | |
| 51 | + | SECTION 1. Article 11 (commencing with Section 9149.30) is added to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, to read: Article 11. Legislative Employee Whistleblower Protection Act9149.30. This article shall be known and may be cited as the Legislative Employee Whistleblower Protection Act.9149.31. The Legislature finds and declares that that, in addition to existing retaliation protections under Section 1102.5 of the Labor Code and under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), it is necessary to establish a specific process for legislative employees should be free to who report legal and ethical violations violations, so that they may do so without fear of retribution.9149.32. For the purposes of this article, the following terms have the following meanings:(a) Interfere means to intimidate, threaten, coerce, or command, or attempt to intimidate, threaten, coerce, or command a legislative employee who attempts to make a protected disclosure.(b) Legislative employee means an individual, other than a Member of either house of the Legislature, who is, or has been, employed by either house of the Legislature. Legislative employee includes volunteers, interns, fellows, and applicants.(c) (1)Protected disclosure means a good faith communication made by a legislative employee to an entity listed in paragraph (2) alleging that is made in good faith alleging that a Member of the Legislature or legislative employee engaged in, or will engage in, activity that may constitute a violation of any law, including sexual harassment, or of a legislative code of conduct. A protected disclosure is a disclosure that is protected under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code) or made to any of the following entities:(2)A protected disclosure may be made to any of the following entities:(A)(1) The Senate Committee on Rules, or its publicly identified designee.(B)(2) The Assembly Committee on Rules, or its publicly identified designee.(C)(3) The Joint Committee on Rules, or its publicly identified designee.(D)(4) A state or local law enforcement agency.(E)(5) A state agency authorized to investigate potential violations of state law.(6) An individual with authority over the legislative employee, or another legislative employee who has authority to investigate, discover, or correct the violation or noncompliance.(d) Retaliate means to commit an act of retaliation, to take any action that would dissuade a reasonable individual from making or supporting a protected disclosure, including issuing a reprisal, threatening, coercing, or taking any similarly improper action against a legislative employee who makes a protected disclosure.(e) Use of official authority or influence includes promising to confer, or conferring, any benefit; effecting, or threatening to effect, any reprisal; and or taking, or directing others to take, or recommending, processing, or approving, any personnel action, including an appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action.9149.33. (a) A Member of the Legislature or legislative employee shall not directly or indirectly use or attempt to use that persons individuals official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure.(b) A person An individual who violates this section is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year.(c) In addition to all other penalties penalties, rights, or remedies provided by law, a person who violates this section an individual or entity that uses or attempts to use its official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure is liable in a civil action for damages brought by a legislative employee.(d) This section shall not be construed to authorize an individual to disclose information the disclosure of which is prohibited by law.9149.34.(a)A recipient of a protected disclosure shall keep confidential the identity of the person or persons who made the protected disclosure and of any witnesses unless expressly authorized by those persons to reveal them or disclosure is otherwise required by law.(b)Records relating to an investigation of the allegations in a protected disclosure, including investigative files and work product, are confidential, unless disclosure is otherwise required by law.9149.35.9149.34. A person An individual who intentionally retaliates against a legislative employee for having made a protected disclosure is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year.9149.36.9149.35. (a) In addition to all other penalties penalties, rights, and remedies provided by law, a person who an individual or entity that intentionally retaliates against a legislative employee for having made a protected disclosure is liable in a civil action for damages brought by a legislative employee.(b) (1) In any civil action, once it has been demonstrated by a preponderance of the evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a legislative employee, the burden of proof is on the offending party to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the legislative employee had not made a protected disclosure.(2) If liability is established under subdivision (b), paragraph (1), the aggrieved party prevailing plaintiff is entitled to recover reasonable attorneys fees. fees and costs.(3) Punitive damages may be awarded by the court if the acts of the offending party are proven to be fraudulent, oppressive, or malicious.9149.37.9149.36. (a) This article does not diminish the rights, privileges, or remedies of a legislative employee under any other federal or state law. limit the application of any other rights or remedies under federal or state law, and any penalties imposed or damages awarded under this article are in addition to those provided under any other federal or state law, including, but not limited to, Section 1102.5 of the Labor Code and the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code).(b) This article does not limit the authority conferred upon the Attorney General, any state or federal law enforcement agency, or any other commission, department, or agency authorized to investigate the Legislature. | |
| 43 | 52 | ||
| 44 | 53 | SECTION 1. Article 11 (commencing with Section 9149.30) is added to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, to read: | |
| 45 | 54 | ||
| 46 | 55 | ### SECTION 1. | |
| 47 | 56 | ||
| 48 | - | Article 11. Legislative Employee Whistleblower Protection Act9149.30. This article shall be known and may be cited as the Legislative Employee Whistleblower Protection Act.9149.31. The Legislature finds and declares that, in addition to existing retaliation protections under Section 1102.5 of the Labor Code and under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), it is necessary to establish a specific process for legislative employees who report legal and ethical violations, so that they may do so without fear of retribution.9149.32. For the purposes of this article, the following terms have the following meanings:(a) Interfere means to intimidate, threaten, coerce, or command, or attempt to intimidate, threaten, coerce, or command a legislative employee who attempts to make a protected disclosure.(b) Legislative employee means an individual, other than a Member of either house of the Legislature, who is, or has been, employed by either house of the Legislature. Legislative employee includes volunteers, interns, fellows, and applicants.(c) Protected disclosure means a communication by a legislative employee that is made in good faith alleging that a Member of the Legislature or legislative employee engaged in, or will engage in, activity that may constitute a violation of any law, including sexual harassment, or of a legislative code of conduct. A protected disclosure is a disclosure that is protected under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code) or made to any of the following entities:(1) The Senate Committee on Rules, or its publicly identified designee.(2) The Assembly Committee on Rules, or its publicly identified designee.(3) The Joint Committee on Rules, or its publicly identified designee.(4) A state or local law enforcement agency.(5) A state agency authorized to investigate potential violations of state law.(6) An individual with authority over the legislative employee, or another legislative employee who has authority to investigate, discover, or correct the violation or noncompliance.(d) Retaliate means to take any action that would dissuade a reasonable individual from making or supporting a protected disclosure, including issuing a reprisal, threatening, coercing, or taking any similarly improper action against a legislative employee who makes a protected disclosure.(e) Use of official authority or influence includes promising to confer, or conferring, any benefit; effecting, or threatening to effect, any reprisal; or taking, or directing others to take, or recommending, processing, or approving, any personnel action, including an appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action.9149.33. (a) A Member of the Legislature or legislative employee shall not directly or indirectly use or attempt to use that individuals official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure.(b) An individual who violates this section is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year.(c) In addition to all other penalties, rights, or remedies provided by law, an individual or entity that uses or attempts to use its official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure is liable in a civil action for damages brought by a legislative employee.(d) This section shall not be construed to authorize an individual to disclose information the disclosure of which is prohibited by law.9149.34. An individual who intentionally retaliates against a legislative employee for having made a protected disclosure is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year.9149.35. (a) In addition to all other penalties, rights, and remedies provided by law, an individual or entity that intentionally retaliates against a legislative employee for having made a protected disclosure is liable in a civil action for damages brought by a legislative employee.(b) (1) In any civil action, once it has been demonstrated by a preponderance of the evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a legislative employee, the burden of proof is on the offending party to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the legislative employee had not made a protected disclosure.(2) If liability is established under paragraph (1), the prevailing plaintiff is entitled to recover reasonable attorneys fees and costs.(3) Punitive damages may be awarded by the court if the acts of the offending party are proven to be fraudulent, oppressive, or malicious.9149.36. (a) This article does not limit the application of any other rights or remedies under federal or state law, and any penalties imposed or damages awarded under this article are in addition to those provided under any other federal or state law, including, but not limited to, Section 1102.5 of the Labor Code and the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code).(b) This article does not limit the authority conferred upon the Attorney General, any state or federal law enforcement agency, or any other commission, department, or agency authorized to investigate the Legislature. | |
| 57 | + | Article 11. Legislative Employee Whistleblower Protection Act9149.30. This article shall be known and may be cited as the Legislative Employee Whistleblower Protection Act.9149.31. The Legislature finds and declares that that, in addition to existing retaliation protections under Section 1102.5 of the Labor Code and under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), it is necessary to establish a specific process for legislative employees should be free to who report legal and ethical violations violations, so that they may do so without fear of retribution.9149.32. For the purposes of this article, the following terms have the following meanings:(a) Interfere means to intimidate, threaten, coerce, or command, or attempt to intimidate, threaten, coerce, or command a legislative employee who attempts to make a protected disclosure.(b) Legislative employee means an individual, other than a Member of either house of the Legislature, who is, or has been, employed by either house of the Legislature. Legislative employee includes volunteers, interns, fellows, and applicants.(c) (1)Protected disclosure means a good faith communication made by a legislative employee to an entity listed in paragraph (2) alleging that is made in good faith alleging that a Member of the Legislature or legislative employee engaged in, or will engage in, activity that may constitute a violation of any law, including sexual harassment, or of a legislative code of conduct. A protected disclosure is a disclosure that is protected under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code) or made to any of the following entities:(2)A protected disclosure may be made to any of the following entities:(A)(1) The Senate Committee on Rules, or its publicly identified designee.(B)(2) The Assembly Committee on Rules, or its publicly identified designee.(C)(3) The Joint Committee on Rules, or its publicly identified designee.(D)(4) A state or local law enforcement agency.(E)(5) A state agency authorized to investigate potential violations of state law.(6) An individual with authority over the legislative employee, or another legislative employee who has authority to investigate, discover, or correct the violation or noncompliance.(d) Retaliate means to commit an act of retaliation, to take any action that would dissuade a reasonable individual from making or supporting a protected disclosure, including issuing a reprisal, threatening, coercing, or taking any similarly improper action against a legislative employee who makes a protected disclosure.(e) Use of official authority or influence includes promising to confer, or conferring, any benefit; effecting, or threatening to effect, any reprisal; and or taking, or directing others to take, or recommending, processing, or approving, any personnel action, including an appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action.9149.33. (a) A Member of the Legislature or legislative employee shall not directly or indirectly use or attempt to use that persons individuals official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure.(b) A person An individual who violates this section is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year.(c) In addition to all other penalties penalties, rights, or remedies provided by law, a person who violates this section an individual or entity that uses or attempts to use its official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure is liable in a civil action for damages brought by a legislative employee.(d) This section shall not be construed to authorize an individual to disclose information the disclosure of which is prohibited by law.9149.34.(a)A recipient of a protected disclosure shall keep confidential the identity of the person or persons who made the protected disclosure and of any witnesses unless expressly authorized by those persons to reveal them or disclosure is otherwise required by law.(b)Records relating to an investigation of the allegations in a protected disclosure, including investigative files and work product, are confidential, unless disclosure is otherwise required by law.9149.35.9149.34. A person An individual who intentionally retaliates against a legislative employee for having made a protected disclosure is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year.9149.36.9149.35. (a) In addition to all other penalties penalties, rights, and remedies provided by law, a person who an individual or entity that intentionally retaliates against a legislative employee for having made a protected disclosure is liable in a civil action for damages brought by a legislative employee.(b) (1) In any civil action, once it has been demonstrated by a preponderance of the evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a legislative employee, the burden of proof is on the offending party to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the legislative employee had not made a protected disclosure.(2) If liability is established under subdivision (b), paragraph (1), the aggrieved party prevailing plaintiff is entitled to recover reasonable attorneys fees. fees and costs.(3) Punitive damages may be awarded by the court if the acts of the offending party are proven to be fraudulent, oppressive, or malicious.9149.37.9149.36. (a) This article does not diminish the rights, privileges, or remedies of a legislative employee under any other federal or state law. limit the application of any other rights or remedies under federal or state law, and any penalties imposed or damages awarded under this article are in addition to those provided under any other federal or state law, including, but not limited to, Section 1102.5 of the Labor Code and the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code).(b) This article does not limit the authority conferred upon the Attorney General, any state or federal law enforcement agency, or any other commission, department, or agency authorized to investigate the Legislature. | |
| 49 | 58 | ||
| 50 | - | Article 11. Legislative Employee Whistleblower Protection Act9149.30. This article shall be known and may be cited as the Legislative Employee Whistleblower Protection Act.9149.31. The Legislature finds and declares that, in addition to existing retaliation protections under Section 1102.5 of the Labor Code and under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), it is necessary to establish a specific process for legislative employees who report legal and ethical violations, so that they may do so without fear of retribution.9149.32. For the purposes of this article, the following terms have the following meanings:(a) Interfere means to intimidate, threaten, coerce, or command, or attempt to intimidate, threaten, coerce, or command a legislative employee who attempts to make a protected disclosure.(b) Legislative employee means an individual, other than a Member of either house of the Legislature, who is, or has been, employed by either house of the Legislature. Legislative employee includes volunteers, interns, fellows, and applicants.(c) Protected disclosure means a communication by a legislative employee that is made in good faith alleging that a Member of the Legislature or legislative employee engaged in, or will engage in, activity that may constitute a violation of any law, including sexual harassment, or of a legislative code of conduct. A protected disclosure is a disclosure that is protected under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code) or made to any of the following entities:(1) The Senate Committee on Rules, or its publicly identified designee.(2) The Assembly Committee on Rules, or its publicly identified designee.(3) The Joint Committee on Rules, or its publicly identified designee.(4) A state or local law enforcement agency.(5) A state agency authorized to investigate potential violations of state law.(6) An individual with authority over the legislative employee, or another legislative employee who has authority to investigate, discover, or correct the violation or noncompliance.(d) Retaliate means to take any action that would dissuade a reasonable individual from making or supporting a protected disclosure, including issuing a reprisal, threatening, coercing, or taking any similarly improper action against a legislative employee who makes a protected disclosure.(e) Use of official authority or influence includes promising to confer, or conferring, any benefit; effecting, or threatening to effect, any reprisal; or taking, or directing others to take, or recommending, processing, or approving, any personnel action, including an appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action.9149.33. (a) A Member of the Legislature or legislative employee shall not directly or indirectly use or attempt to use that individuals official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure.(b) An individual who violates this section is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year.(c) In addition to all other penalties, rights, or remedies provided by law, an individual or entity that uses or attempts to use its official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure is liable in a civil action for damages brought by a legislative employee.(d) This section shall not be construed to authorize an individual to disclose information the disclosure of which is prohibited by law.9149.34. An individual who intentionally retaliates against a legislative employee for having made a protected disclosure is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year.9149.35. (a) In addition to all other penalties, rights, and remedies provided by law, an individual or entity that intentionally retaliates against a legislative employee for having made a protected disclosure is liable in a civil action for damages brought by a legislative employee.(b) (1) In any civil action, once it has been demonstrated by a preponderance of the evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a legislative employee, the burden of proof is on the offending party to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the legislative employee had not made a protected disclosure.(2) If liability is established under paragraph (1), the prevailing plaintiff is entitled to recover reasonable attorneys fees and costs.(3) Punitive damages may be awarded by the court if the acts of the offending party are proven to be fraudulent, oppressive, or malicious.9149.36. (a) This article does not limit the application of any other rights or remedies under federal or state law, and any penalties imposed or damages awarded under this article are in addition to those provided under any other federal or state law, including, but not limited to, Section 1102.5 of the Labor Code and the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code).(b) This article does not limit the authority conferred upon the Attorney General, any state or federal law enforcement agency, or any other commission, department, or agency authorized to investigate the Legislature. | |
| 59 | + | Article 11. Legislative Employee Whistleblower Protection Act9149.30. This article shall be known and may be cited as the Legislative Employee Whistleblower Protection Act.9149.31. The Legislature finds and declares that that, in addition to existing retaliation protections under Section 1102.5 of the Labor Code and under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), it is necessary to establish a specific process for legislative employees should be free to who report legal and ethical violations violations, so that they may do so without fear of retribution.9149.32. For the purposes of this article, the following terms have the following meanings:(a) Interfere means to intimidate, threaten, coerce, or command, or attempt to intimidate, threaten, coerce, or command a legislative employee who attempts to make a protected disclosure.(b) Legislative employee means an individual, other than a Member of either house of the Legislature, who is, or has been, employed by either house of the Legislature. Legislative employee includes volunteers, interns, fellows, and applicants.(c) (1)Protected disclosure means a good faith communication made by a legislative employee to an entity listed in paragraph (2) alleging that is made in good faith alleging that a Member of the Legislature or legislative employee engaged in, or will engage in, activity that may constitute a violation of any law, including sexual harassment, or of a legislative code of conduct. A protected disclosure is a disclosure that is protected under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code) or made to any of the following entities:(2)A protected disclosure may be made to any of the following entities:(A)(1) The Senate Committee on Rules, or its publicly identified designee.(B)(2) The Assembly Committee on Rules, or its publicly identified designee.(C)(3) The Joint Committee on Rules, or its publicly identified designee.(D)(4) A state or local law enforcement agency.(E)(5) A state agency authorized to investigate potential violations of state law.(6) An individual with authority over the legislative employee, or another legislative employee who has authority to investigate, discover, or correct the violation or noncompliance.(d) Retaliate means to commit an act of retaliation, to take any action that would dissuade a reasonable individual from making or supporting a protected disclosure, including issuing a reprisal, threatening, coercing, or taking any similarly improper action against a legislative employee who makes a protected disclosure.(e) Use of official authority or influence includes promising to confer, or conferring, any benefit; effecting, or threatening to effect, any reprisal; and or taking, or directing others to take, or recommending, processing, or approving, any personnel action, including an appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action.9149.33. (a) A Member of the Legislature or legislative employee shall not directly or indirectly use or attempt to use that persons individuals official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure.(b) A person An individual who violates this section is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year.(c) In addition to all other penalties penalties, rights, or remedies provided by law, a person who violates this section an individual or entity that uses or attempts to use its official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure is liable in a civil action for damages brought by a legislative employee.(d) This section shall not be construed to authorize an individual to disclose information the disclosure of which is prohibited by law.9149.34.(a)A recipient of a protected disclosure shall keep confidential the identity of the person or persons who made the protected disclosure and of any witnesses unless expressly authorized by those persons to reveal them or disclosure is otherwise required by law.(b)Records relating to an investigation of the allegations in a protected disclosure, including investigative files and work product, are confidential, unless disclosure is otherwise required by law.9149.35.9149.34. A person An individual who intentionally retaliates against a legislative employee for having made a protected disclosure is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year.9149.36.9149.35. (a) In addition to all other penalties penalties, rights, and remedies provided by law, a person who an individual or entity that intentionally retaliates against a legislative employee for having made a protected disclosure is liable in a civil action for damages brought by a legislative employee.(b) (1) In any civil action, once it has been demonstrated by a preponderance of the evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a legislative employee, the burden of proof is on the offending party to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the legislative employee had not made a protected disclosure.(2) If liability is established under subdivision (b), paragraph (1), the aggrieved party prevailing plaintiff is entitled to recover reasonable attorneys fees. fees and costs.(3) Punitive damages may be awarded by the court if the acts of the offending party are proven to be fraudulent, oppressive, or malicious.9149.37.9149.36. (a) This article does not diminish the rights, privileges, or remedies of a legislative employee under any other federal or state law. limit the application of any other rights or remedies under federal or state law, and any penalties imposed or damages awarded under this article are in addition to those provided under any other federal or state law, including, but not limited to, Section 1102.5 of the Labor Code and the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code).(b) This article does not limit the authority conferred upon the Attorney General, any state or federal law enforcement agency, or any other commission, department, or agency authorized to investigate the Legislature. | |
| 51 | 60 | ||
| 52 | 61 | Article 11. Legislative Employee Whistleblower Protection Act | |
| 53 | 62 | ||
| 54 | 63 | Article 11. Legislative Employee Whistleblower Protection Act | |
| 55 | 64 | ||
| 56 | 65 | 9149.30. This article shall be known and may be cited as the Legislative Employee Whistleblower Protection Act. | |
| 57 | 66 | ||
| 58 | 67 | ||
| 59 | 68 | ||
| 60 | 69 | 9149.30. This article shall be known and may be cited as the Legislative Employee Whistleblower Protection Act. | |
| 61 | 70 | ||
| 62 | - | 9149.31. The Legislature finds and declares that, in addition to existing retaliation protections under Section 1102.5 of the Labor Code and under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), it is necessary to establish a specific process for legislative employees who report legal and ethical violations, so that they may do so without fear of retribution. | |
| 71 | + | 9149.31. The Legislature finds and declares that that, in addition to existing retaliation protections under Section 1102.5 of the Labor Code and under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), it is necessary to establish a specific process for legislative employees should be free to who report legal and ethical violations violations, so that they may do so without fear of retribution. | |
| 63 | 72 | ||
| 64 | 73 | ||
| 65 | 74 | ||
| 66 | - | 9149.31. The Legislature finds and declares that, in addition to existing retaliation protections under Section 1102.5 of the Labor Code and under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), it is necessary to establish a specific process for legislative employees who report legal and ethical violations, so that they may do so without fear of retribution. | |
| 75 | + | 9149.31. The Legislature finds and declares that that, in addition to existing retaliation protections under Section 1102.5 of the Labor Code and under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), it is necessary to establish a specific process for legislative employees should be free to who report legal and ethical violations violations, so that they may do so without fear of retribution. | |
| 67 | 76 | ||
| 68 | - | 9149.32. For the purposes of this article, the following terms have the following meanings:(a) Interfere means to intimidate, threaten, coerce, or command, or attempt to intimidate, threaten, coerce, or command a legislative employee who attempts to make a protected disclosure.(b) Legislative employee means an individual, other than a Member of either house of the Legislature, who is, or has been, employed by either house of the Legislature. Legislative employee includes volunteers, interns, fellows, and applicants.(c) Protected disclosure means a communication by a legislative employee that is made in good faith alleging that a Member of the Legislature or legislative employee engaged in, or will engage in, activity that may constitute a violation of any law, including sexual harassment, or of a legislative code of conduct. A protected disclosure is a disclosure that is protected under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code) or made to any of the following entities:(1) The Senate Committee on Rules, or its publicly identified designee.(2) The Assembly Committee on Rules, or its publicly identified designee.(3) The Joint Committee on Rules, or its publicly identified designee.(4) A state or local law enforcement agency.(5) A state agency authorized to investigate potential violations of state law.(6) An individual with authority over the legislative employee, or another legislative employee who has authority to investigate, discover, or correct the violation or noncompliance.(d) Retaliate means to take any action that would dissuade a reasonable individual from making or supporting a protected disclosure, including issuing a reprisal, threatening, coercing, or taking any similarly improper action against a legislative employee who makes a protected disclosure.(e) Use of official authority or influence includes promising to confer, or conferring, any benefit; effecting, or threatening to effect, any reprisal; or taking, or directing others to take, or recommending, processing, or approving, any personnel action, including an appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action. | |
| 77 | + | 9149.32. For the purposes of this article, the following terms have the following meanings:(a) Interfere means to intimidate, threaten, coerce, or command, or attempt to intimidate, threaten, coerce, or command a legislative employee who attempts to make a protected disclosure.(b) Legislative employee means an individual, other than a Member of either house of the Legislature, who is, or has been, employed by either house of the Legislature. Legislative employee includes volunteers, interns, fellows, and applicants.(c) (1)Protected disclosure means a good faith communication made by a legislative employee to an entity listed in paragraph (2) alleging that is made in good faith alleging that a Member of the Legislature or legislative employee engaged in, or will engage in, activity that may constitute a violation of any law, including sexual harassment, or of a legislative code of conduct. A protected disclosure is a disclosure that is protected under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code) or made to any of the following entities:(2)A protected disclosure may be made to any of the following entities:(A)(1) The Senate Committee on Rules, or its publicly identified designee.(B)(2) The Assembly Committee on Rules, or its publicly identified designee.(C)(3) The Joint Committee on Rules, or its publicly identified designee.(D)(4) A state or local law enforcement agency.(E)(5) A state agency authorized to investigate potential violations of state law.(6) An individual with authority over the legislative employee, or another legislative employee who has authority to investigate, discover, or correct the violation or noncompliance.(d) Retaliate means to commit an act of retaliation, to take any action that would dissuade a reasonable individual from making or supporting a protected disclosure, including issuing a reprisal, threatening, coercing, or taking any similarly improper action against a legislative employee who makes a protected disclosure.(e) Use of official authority or influence includes promising to confer, or conferring, any benefit; effecting, or threatening to effect, any reprisal; and or taking, or directing others to take, or recommending, processing, or approving, any personnel action, including an appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action. | |
| 69 | 78 | ||
| 70 | 79 | ||
| 71 | 80 | ||
| 72 | 81 | 9149.32. For the purposes of this article, the following terms have the following meanings: | |
| 73 | 82 | ||
| 74 | 83 | (a) Interfere means to intimidate, threaten, coerce, or command, or attempt to intimidate, threaten, coerce, or command a legislative employee who attempts to make a protected disclosure. | |
| 75 | 84 | ||
| 76 | 85 | (b) Legislative employee means an individual, other than a Member of either house of the Legislature, who is, or has been, employed by either house of the Legislature. Legislative employee includes volunteers, interns, fellows, and applicants. | |
| 77 | 86 | ||
| 78 | - | (c) Protected disclosure means a communication by a legislative employee that is made in good faith alleging that a Member of the Legislature or legislative employee engaged in, or will engage in, activity that may constitute a violation of any law, including sexual harassment, or of a legislative code of conduct. A protected disclosure is a disclosure that is protected under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code) or made to any of the following entities: | |
| 87 | + | (c) (1)Protected disclosure means a good faith communication made by a legislative employee to an entity listed in paragraph (2) alleging that is made in good faith alleging that a Member of the Legislature or legislative employee engaged in, or will engage in, activity that may constitute a violation of any law, including sexual harassment, or of a legislative code of conduct. A protected disclosure is a disclosure that is protected under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code) or made to any of the following entities: | |
| 88 | + | ||
| 89 | + | (2)A protected disclosure may be made to any of the following entities: | |
| 90 | + | ||
| 91 | + | ||
| 92 | + | ||
| 93 | + | (A) | |
| 94 | + | ||
| 95 | + | ||
| 79 | 96 | ||
| 80 | 97 | (1) The Senate Committee on Rules, or its publicly identified designee. | |
| 81 | 98 | ||
| 99 | + | (B) | |
| 100 | + | ||
| 101 | + | ||
| 102 | + | ||
| 82 | 103 | (2) The Assembly Committee on Rules, or its publicly identified designee. | |
| 104 | + | ||
| 105 | + | (C) | |
| 106 | + | ||
| 107 | + | ||
| 83 | 108 | ||
| 84 | 109 | (3) The Joint Committee on Rules, or its publicly identified designee. | |
| 85 | 110 | ||
| 111 | + | (D) | |
| 112 | + | ||
| 113 | + | ||
| 114 | + | ||
| 86 | 115 | (4) A state or local law enforcement agency. | |
| 116 | + | ||
| 117 | + | (E) | |
| 118 | + | ||
| 119 | + | ||
| 87 | 120 | ||
| 88 | 121 | (5) A state agency authorized to investigate potential violations of state law. | |
| 89 | 122 | ||
| 90 | 123 | (6) An individual with authority over the legislative employee, or another legislative employee who has authority to investigate, discover, or correct the violation or noncompliance. | |
| 91 | 124 | ||
| 92 | - | (d) Retaliate means to take any action that would dissuade a reasonable individual from making or supporting a protected disclosure, including issuing a reprisal, threatening, coercing, or taking any similarly improper action against a legislative employee who makes a protected disclosure. | |
| 125 | + | (d) Retaliate means to commit an act of retaliation, to take any action that would dissuade a reasonable individual from making or supporting a protected disclosure, including issuing a reprisal, threatening, coercing, or taking any similarly improper action against a legislative employee who makes a protected disclosure. | |
| 93 | 126 | ||
| 94 | - | (e) Use of official authority or influence includes promising to confer, or conferring, any benefit; effecting, or threatening to effect, any reprisal; or taking, or directing others to take, or recommending, processing, or approving, any personnel action, including an appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action. | |
| 127 | + | (e) Use of official authority or influence includes promising to confer, or conferring, any benefit; effecting, or threatening to effect, any reprisal; and or taking, or directing others to take, or recommending, processing, or approving, any personnel action, including an appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action. | |
| 95 | 128 | ||
| 96 | - | 9149.33. (a) A Member of the Legislature or legislative employee shall not directly or indirectly use or attempt to use that individuals official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure.(b) An individual who violates this section is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year.(c) In addition to all other penalties, rights, or remedies provided by law, an individual or entity that uses or attempts to use its official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure is liable in a civil action for damages brought by a legislative employee.(d) This section shall not be construed to authorize an individual to disclose information the disclosure of which is prohibited by law. | |
| 129 | + | 9149.33. (a) A Member of the Legislature or legislative employee shall not directly or indirectly use or attempt to use that persons individuals official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure.(b) A person An individual who violates this section is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year.(c) In addition to all other penalties penalties, rights, or remedies provided by law, a person who violates this section an individual or entity that uses or attempts to use its official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure is liable in a civil action for damages brought by a legislative employee.(d) This section shall not be construed to authorize an individual to disclose information the disclosure of which is prohibited by law. | |
| 97 | 130 | ||
| 98 | 131 | ||
| 99 | 132 | ||
| 100 | - | 9149.33. (a) A Member of the Legislature or legislative employee shall not directly or indirectly use or attempt to use that individuals official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure. | |
| 133 | + | 9149.33. (a) A Member of the Legislature or legislative employee shall not directly or indirectly use or attempt to use that persons individuals official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure. | |
| 101 | 134 | ||
| 102 | - | (b) An individual who violates this section is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year. | |
| 135 | + | (b) A person An individual who violates this section is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year. | |
| 103 | 136 | ||
| 104 | - | (c) In addition to all other penalties, rights, or remedies provided by law, an individual or entity that uses or attempts to use its official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure is liable in a civil action for damages brought by a legislative employee. | |
| 137 | + | (c) In addition to all other penalties penalties, rights, or remedies provided by law, a person who violates this section an individual or entity that uses or attempts to use its official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure is liable in a civil action for damages brought by a legislative employee. | |
| 105 | 138 | ||
| 106 | 139 | (d) This section shall not be construed to authorize an individual to disclose information the disclosure of which is prohibited by law. | |
| 107 | 140 | ||
| 108 | - | 9149.34. An individual who intentionally retaliates against a legislative employee for having made a protected disclosure is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year. | |
| 141 | + | ||
| 142 | + | ||
| 143 | + | (a)A recipient of a protected disclosure shall keep confidential the identity of the person or persons who made the protected disclosure and of any witnesses unless expressly authorized by those persons to reveal them or disclosure is otherwise required by law. | |
| 109 | 144 | ||
| 110 | 145 | ||
| 111 | 146 | ||
| 112 | - | 9149.34. An individual who intentionally retaliates against a legislative employee for having made a protected disclosure is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year. | |
| 113 | - | ||
| 114 | - | 9149.35. (a) In addition to all other penalties, rights, and remedies provided by law, an individual or entity that intentionally retaliates against a legislative employee for having made a protected disclosure is liable in a civil action for damages brought by a legislative employee.(b) (1) In any civil action, once it has been demonstrated by a preponderance of the evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a legislative employee, the burden of proof is on the offending party to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the legislative employee had not made a protected disclosure.(2) If liability is established under paragraph (1), the prevailing plaintiff is entitled to recover reasonable attorneys fees and costs.(3) Punitive damages may be awarded by the court if the acts of the offending party are proven to be fraudulent, oppressive, or malicious. | |
| 147 | + | (b)Records relating to an investigation of the allegations in a protected disclosure, including investigative files and work product, are confidential, unless disclosure is otherwise required by law. | |
| 115 | 148 | ||
| 116 | 149 | ||
| 117 | 150 | ||
| 118 | - | 9149.35. (a) In addition to all other penalties, rights, and remedies provided by law, an individual or entity that intentionally retaliates against a legislative employee for having made a protected disclosure is liable in a civil action for damages brought by a legislative employee. | |
| 151 | + | 9149.35.9149.34. A person An individual who intentionally retaliates against a legislative employee for having made a protected disclosure is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year. | |
| 152 | + | ||
| 153 | + | ||
| 154 | + | ||
| 155 | + | 9149.35.9149.34. A person An individual who intentionally retaliates against a legislative employee for having made a protected disclosure is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year. | |
| 156 | + | ||
| 157 | + | 9149.36.9149.35. (a) In addition to all other penalties penalties, rights, and remedies provided by law, a person who an individual or entity that intentionally retaliates against a legislative employee for having made a protected disclosure is liable in a civil action for damages brought by a legislative employee.(b) (1) In any civil action, once it has been demonstrated by a preponderance of the evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a legislative employee, the burden of proof is on the offending party to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the legislative employee had not made a protected disclosure.(2) If liability is established under subdivision (b), paragraph (1), the aggrieved party prevailing plaintiff is entitled to recover reasonable attorneys fees. fees and costs.(3) Punitive damages may be awarded by the court if the acts of the offending party are proven to be fraudulent, oppressive, or malicious. | |
| 158 | + | ||
| 159 | + | ||
| 160 | + | ||
| 161 | + | 9149.36.9149.35. (a) In addition to all other penalties penalties, rights, and remedies provided by law, a person who an individual or entity that intentionally retaliates against a legislative employee for having made a protected disclosure is liable in a civil action for damages brought by a legislative employee. | |
| 119 | 162 | ||
| 120 | 163 | (b) (1) In any civil action, once it has been demonstrated by a preponderance of the evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a legislative employee, the burden of proof is on the offending party to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the legislative employee had not made a protected disclosure. | |
| 121 | 164 | ||
| 122 | - | (2) If liability is established under paragraph (1), the prevailing plaintiff is entitled to recover reasonable attorneys fees and costs. | |
| 165 | + | (2) If liability is established under subdivision (b), paragraph (1), the aggrieved party prevailing plaintiff is entitled to recover reasonable attorneys fees. fees and costs. | |
| 123 | 166 | ||
| 124 | 167 | (3) Punitive damages may be awarded by the court if the acts of the offending party are proven to be fraudulent, oppressive, or malicious. | |
| 125 | 168 | ||
| 126 | - | 9149.36. (a) This article does not limit the application of any other rights or remedies under federal or state law, and any penalties imposed or damages awarded under this article are in addition to those provided under any other federal or state law, including, but not limited to, Section 1102.5 of the Labor Code and the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code).(b) This article does not limit the authority conferred upon the Attorney General, any state or federal law enforcement agency, or any other commission, department, or agency authorized to investigate the Legislature. | |
| 169 | + | 9149.37.9149.36. (a) This article does not diminish the rights, privileges, or remedies of a legislative employee under any other federal or state law. limit the application of any other rights or remedies under federal or state law, and any penalties imposed or damages awarded under this article are in addition to those provided under any other federal or state law, including, but not limited to, Section 1102.5 of the Labor Code and the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code).(b) This article does not limit the authority conferred upon the Attorney General, any state or federal law enforcement agency, or any other commission, department, or agency authorized to investigate the Legislature. | |
| 127 | 170 | ||
| 128 | 171 | ||
| 129 | 172 | ||
| 130 | - | 9149.36. (a) This article does not limit the application of any other rights or remedies under federal or state law, and any penalties imposed or damages awarded under this article are in addition to those provided under any other federal or state law, including, but not limited to, Section 1102.5 of the Labor Code and the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code). | |
| 173 | + | 9149.37.9149.36. (a) This article does not diminish the rights, privileges, or remedies of a legislative employee under any other federal or state law. limit the application of any other rights or remedies under federal or state law, and any penalties imposed or damages awarded under this article are in addition to those provided under any other federal or state law, including, but not limited to, Section 1102.5 of the Labor Code and the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code). | |
| 131 | 174 | ||
| 132 | 175 | (b) This article does not limit the authority conferred upon the Attorney General, any state or federal law enforcement agency, or any other commission, department, or agency authorized to investigate the Legislature. | |
| 133 | 176 | ||
| 134 | 177 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 135 | 178 | ||
| 136 | 179 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 137 | 180 | ||
| 138 | 181 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 139 | 182 | ||
| 140 | 183 | ### SEC. 2. | |
| 141 | 184 | ||
| 142 | 185 | SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to protect victims of sexual harassment and prevent further misconduct, it is necessary for this act to take effect immediately. | |
| 143 | 186 | ||
| 144 | 187 | SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to protect victims of sexual harassment and prevent further misconduct, it is necessary for this act to take effect immediately. | |
| 145 | 188 | ||
| 146 | 189 | SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: | |
| 147 | 190 | ||
| 148 | 191 | ### SEC. 3. | |
| 149 | 192 | ||
| 150 | 193 | In order to protect victims of sexual harassment and prevent further misconduct, it is necessary for this act to take effect immediately. |