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| 1 | + | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 908Introduced by Senator NguyenJanuary 18, 2018 An act to amend Section 9075, and to add Article 3.7 (commencing with Section 9085) to Chapter 1.5 of Part 1 of Division 2 of Title 2, of the Government Code, relating to the Legislature. LEGISLATIVE COUNSEL'S DIGESTSB 908, as introduced, Nguyen. Legislature: sexual harassment records and tracking.The Legislative Open Records Act authorizes any person to inspect legislative records, as defined, subject to specified exemptions.This bill would make available under the act complaint, investigation, and settlement records created on or after January 1, 2009, that reasonably relate to allegations of conduct by a Member of the Legislature that violates the sexual harassment policy of the house of the Legislature in which the Member serves. The bill would require that personally-identifying information of victims and witnesses be redacted from the records.The bill would require each house of the Legislature to implement a system to separately identify and track allegations of violations of the sexual harassment policy of the house.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 9075 of the Government Code is amended to read:9075. Nothing in this This article shall be construed to does not invalidate or affect the operation of Sections 10207, 10208, 10525, and 10526 of this code, Section 10207 or 10208 or Temporary Joint Rule 37 of the Senate and Assembly in effect on the effective date of this article, article or to require the disclosure of records that are any of the following:(a) Preliminary drafts, notes, or legislative memoranda, except as provided in Section 9080.(b) Records pertaining to pending litigation to which the Legislature is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810) of Title 1, until the litigation or claim has been finally adjudicated or otherwise settled.(c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy, provided that the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Rules Committee shall determine whether disclosure of these records constitutes an unwarranted invasion of personal privacy.(d) Records pertaining to the names and phone numbers of senders and recipients of telephone and telegraph communications, provided that records of the total charges for any such communication shall be open for inspection.(e) Records pertaining to the name and location of recipients of automotive fuel or lubricants expenditures, provided that records of the total charges for those expenditures shall be open for inspection.(f) In the custody of or maintained by the Legislative Counsel, except those records in the public data base maintained by the Legislative Counsel that are described in Section 10248. Legislative records shall not be transferred to the custody of the Legislative Counsel to evade the disclosure provisions of this chapter.(g) In the custody of or maintained by the majority and minority caucuses and majority and minority consultants of each house of the Legislature, provided that legislative records shall not be transferred to the custody of the majority and minority caucuses and majority and minority consultants of each house of the Legislature to evade the disclosure provisions of this chapter.(h) Correspondence of and to individual Members of the Legislature and their staff, except as provided in Section 9080.(i) Records the disclosure of which is exempted or prohibited pursuant to provisions of federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.(j) Communications from private citizens to the Legislature, except as provided in Section 9080.(k) (1) Records of complaints to or investigations conducted by, or records of security procedures of, the Legislature. Legislature, except as provided in paragraph (2).(2) Complaint, investigation, and settlement records created on or after January 1, 2009, that reasonably relate to allegations of conduct by a Member of the Legislature that violates the sexual harassment policy of the house of the Legislature in which the Member serves are not exempt under this section or Section 9074 and shall be made available for inspection pursuant to this article. Personally-identifying information of victims and witnesses shall be redacted from the records.SEC. 2. Article 3.7 (commencing with Section 9085) is added to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, to read: Article 3.7. Sexual Harassment9085. Each house of the Legislature shall implement a system to separately identify and track allegations of violations of the sexual harassment policy of the house. Each house shall ensure the tracking system clearly memorializes the status and resolution of each allegation and stores all records related to the allegation. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 908Introduced by Senator NguyenJanuary 18, 2018 An act to amend Section 9075, and to add Article 3.7 (commencing with Section 9085) to Chapter 1.5 of Part 1 of Division 2 of Title 2, of the Government Code, relating to the Legislature. LEGISLATIVE COUNSEL'S DIGESTSB 908, as introduced, Nguyen. Legislature: sexual harassment records and tracking.The Legislative Open Records Act authorizes any person to inspect legislative records, as defined, subject to specified exemptions.This bill would make available under the act complaint, investigation, and settlement records created on or after January 1, 2009, that reasonably relate to allegations of conduct by a Member of the Legislature that violates the sexual harassment policy of the house of the Legislature in which the Member serves. The bill would require that personally-identifying information of victims and witnesses be redacted from the records.The bill would require each house of the Legislature to implement a system to separately identify and track allegations of violations of the sexual harassment policy of the house.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
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| 5 | - | Amended IN Senate March 01, 2018 | |
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| 7 | - | Amended IN Senate March 01, 2018 | |
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| 9 | 9 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Senate Bill No. 908 | |
| 12 | 12 | ||
| 13 | 13 | Introduced by Senator NguyenJanuary 18, 2018 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Senator Nguyen | |
| 16 | 16 | January 18, 2018 | |
| 17 | 17 | ||
| 18 | 18 | An act to amend Section 9075, and to add Article 3.7 (commencing with Section 9085) to Chapter 1.5 of Part 1 of Division 2 of Title 2, of the Government Code, relating to the Legislature. | |
| 19 | 19 | ||
| 20 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 21 | 21 | ||
| 22 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | - | SB 908, as | |
| 24 | + | SB 908, as introduced, Nguyen. Legislature: sexual harassment records and tracking. | |
| 25 | 25 | ||
| 26 | - | The Legislative Open Records Act authorizes any person to inspect legislative records, as defined, subject to specified exemptions.This bill would make available under the act complaint, investigation, and settlement records created on or after January 1, 2009, | |
| 26 | + | The Legislative Open Records Act authorizes any person to inspect legislative records, as defined, subject to specified exemptions.This bill would make available under the act complaint, investigation, and settlement records created on or after January 1, 2009, that reasonably relate to allegations of conduct by a Member of the Legislature that violates the sexual harassment policy of the house of the Legislature in which the Member serves. The bill would require that personally-identifying information of victims and witnesses be redacted from the records.The bill would require each house of the Legislature to implement a system to separately identify and track allegations of violations of the sexual harassment policy of the house. | |
| 27 | 27 | ||
| 28 | 28 | The Legislative Open Records Act authorizes any person to inspect legislative records, as defined, subject to specified exemptions. | |
| 29 | 29 | ||
| 30 | - | This bill would make available under the act complaint, investigation, and settlement records created on or after January 1, 2009, | |
| 30 | + | This bill would make available under the act complaint, investigation, and settlement records created on or after January 1, 2009, that reasonably relate to allegations of conduct by a Member of the Legislature that violates the sexual harassment policy of the house of the Legislature in which the Member serves. The bill would require that personally-identifying information of victims and witnesses be redacted from the records. | |
| 31 | 31 | ||
| 32 | 32 | The bill would require each house of the Legislature to implement a system to separately identify and track allegations of violations of the sexual harassment policy of the house. | |
| 33 | 33 | ||
| 34 | 34 | ## Digest Key | |
| 35 | 35 | ||
| 36 | 36 | ## Bill Text | |
| 37 | 37 | ||
| 38 | - | The people of the State of California do enact as follows:SECTION 1. Section 9075 of the Government Code is amended to read:9075. This article does not invalidate or affect the operation of Section 10207 or 10208 or Temporary Joint Rule 37 of the Senate and Assembly in effect on the effective date of this article or require the disclosure of records that are any of the following:(a) Preliminary drafts, notes, or legislative memoranda, except as provided in Section 9080.(b) Records pertaining to pending litigation to which the Legislature is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810) of Title 1, until the litigation or claim has been finally adjudicated or otherwise settled.(c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy, provided that the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Rules Committee shall determine whether disclosure of these records constitutes an unwarranted invasion of personal privacy.(d) Records pertaining to the names and phone numbers of senders and recipients of telephone and telegraph communications, provided that records of the total charges for any such communication shall be open for inspection.(e) Records pertaining to the name and location of recipients of automotive fuel or lubricants expenditures, provided that records of the total charges for those expenditures shall be open for inspection.(f) In the custody of or maintained by the Legislative Counsel, except those records in the public data base maintained by the Legislative Counsel that are described in Section 10248. Legislative records shall not be transferred to the custody of the Legislative Counsel to evade the disclosure provisions of this chapter.(g) In the custody of or maintained by the majority and minority caucuses and majority and minority consultants of each house of the Legislature, provided that legislative records shall not be transferred to the custody of the majority and minority caucuses and majority and minority consultants of each house of the Legislature to evade the disclosure provisions of this chapter.(h) Correspondence of and to individual Members of the Legislature and their staff, except as provided in Section 9080.(i) Records the disclosure of which is exempted or prohibited pursuant to provisions of federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.(j) Communications from private citizens to the Legislature, except as provided in Section 9080.(k) (1) Records of complaints to or investigations conducted by, or records of security procedures of, the Legislature, except as provided in paragraph (2).(2) Complaint, investigation, and settlement records created on or after January 1, 2009, | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 9075 of the Government Code is amended to read:9075. Nothing in this This article shall be construed to does not invalidate or affect the operation of Sections 10207, 10208, 10525, and 10526 of this code, Section 10207 or 10208 or Temporary Joint Rule 37 of the Senate and Assembly in effect on the effective date of this article, article or to require the disclosure of records that are any of the following:(a) Preliminary drafts, notes, or legislative memoranda, except as provided in Section 9080.(b) Records pertaining to pending litigation to which the Legislature is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810) of Title 1, until the litigation or claim has been finally adjudicated or otherwise settled.(c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy, provided that the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Rules Committee shall determine whether disclosure of these records constitutes an unwarranted invasion of personal privacy.(d) Records pertaining to the names and phone numbers of senders and recipients of telephone and telegraph communications, provided that records of the total charges for any such communication shall be open for inspection.(e) Records pertaining to the name and location of recipients of automotive fuel or lubricants expenditures, provided that records of the total charges for those expenditures shall be open for inspection.(f) In the custody of or maintained by the Legislative Counsel, except those records in the public data base maintained by the Legislative Counsel that are described in Section 10248. Legislative records shall not be transferred to the custody of the Legislative Counsel to evade the disclosure provisions of this chapter.(g) In the custody of or maintained by the majority and minority caucuses and majority and minority consultants of each house of the Legislature, provided that legislative records shall not be transferred to the custody of the majority and minority caucuses and majority and minority consultants of each house of the Legislature to evade the disclosure provisions of this chapter.(h) Correspondence of and to individual Members of the Legislature and their staff, except as provided in Section 9080.(i) Records the disclosure of which is exempted or prohibited pursuant to provisions of federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.(j) Communications from private citizens to the Legislature, except as provided in Section 9080.(k) (1) Records of complaints to or investigations conducted by, or records of security procedures of, the Legislature. Legislature, except as provided in paragraph (2).(2) Complaint, investigation, and settlement records created on or after January 1, 2009, that reasonably relate to allegations of conduct by a Member of the Legislature that violates the sexual harassment policy of the house of the Legislature in which the Member serves are not exempt under this section or Section 9074 and shall be made available for inspection pursuant to this article. Personally-identifying information of victims and witnesses shall be redacted from the records.SEC. 2. Article 3.7 (commencing with Section 9085) is added to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, to read: Article 3.7. Sexual Harassment9085. Each house of the Legislature shall implement a system to separately identify and track allegations of violations of the sexual harassment policy of the house. Each house shall ensure the tracking system clearly memorializes the status and resolution of each allegation and stores all records related to the allegation. | |
| 39 | 39 | ||
| 40 | 40 | The people of the State of California do enact as follows: | |
| 41 | 41 | ||
| 42 | 42 | ## The people of the State of California do enact as follows: | |
| 43 | 43 | ||
| 44 | - | SECTION 1. Section 9075 of the Government Code is amended to read:9075. This article does not invalidate or affect the operation of Section 10207 or 10208 or Temporary Joint Rule 37 of the Senate and Assembly in effect on the effective date of this article or require the disclosure of records that are any of the following:(a) Preliminary drafts, notes, or legislative memoranda, except as provided in Section 9080.(b) Records pertaining to pending litigation to which the Legislature is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810) of Title 1, until the litigation or claim has been finally adjudicated or otherwise settled.(c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy, provided that the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Rules Committee shall determine whether disclosure of these records constitutes an unwarranted invasion of personal privacy.(d) Records pertaining to the names and phone numbers of senders and recipients of telephone and telegraph communications, provided that records of the total charges for any such communication shall be open for inspection.(e) Records pertaining to the name and location of recipients of automotive fuel or lubricants expenditures, provided that records of the total charges for those expenditures shall be open for inspection.(f) In the custody of or maintained by the Legislative Counsel, except those records in the public data base maintained by the Legislative Counsel that are described in Section 10248. Legislative records shall not be transferred to the custody of the Legislative Counsel to evade the disclosure provisions of this chapter.(g) In the custody of or maintained by the majority and minority caucuses and majority and minority consultants of each house of the Legislature, provided that legislative records shall not be transferred to the custody of the majority and minority caucuses and majority and minority consultants of each house of the Legislature to evade the disclosure provisions of this chapter.(h) Correspondence of and to individual Members of the Legislature and their staff, except as provided in Section 9080.(i) Records the disclosure of which is exempted or prohibited pursuant to provisions of federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.(j) Communications from private citizens to the Legislature, except as provided in Section 9080.(k) (1) Records of complaints to or investigations conducted by, or records of security procedures of, the Legislature, except as provided in paragraph (2).(2) Complaint, investigation, and settlement records created on or after January 1, 2009, | |
| 44 | + | SECTION 1. Section 9075 of the Government Code is amended to read:9075. Nothing in this This article shall be construed to does not invalidate or affect the operation of Sections 10207, 10208, 10525, and 10526 of this code, Section 10207 or 10208 or Temporary Joint Rule 37 of the Senate and Assembly in effect on the effective date of this article, article or to require the disclosure of records that are any of the following:(a) Preliminary drafts, notes, or legislative memoranda, except as provided in Section 9080.(b) Records pertaining to pending litigation to which the Legislature is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810) of Title 1, until the litigation or claim has been finally adjudicated or otherwise settled.(c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy, provided that the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Rules Committee shall determine whether disclosure of these records constitutes an unwarranted invasion of personal privacy.(d) Records pertaining to the names and phone numbers of senders and recipients of telephone and telegraph communications, provided that records of the total charges for any such communication shall be open for inspection.(e) Records pertaining to the name and location of recipients of automotive fuel or lubricants expenditures, provided that records of the total charges for those expenditures shall be open for inspection.(f) In the custody of or maintained by the Legislative Counsel, except those records in the public data base maintained by the Legislative Counsel that are described in Section 10248. Legislative records shall not be transferred to the custody of the Legislative Counsel to evade the disclosure provisions of this chapter.(g) In the custody of or maintained by the majority and minority caucuses and majority and minority consultants of each house of the Legislature, provided that legislative records shall not be transferred to the custody of the majority and minority caucuses and majority and minority consultants of each house of the Legislature to evade the disclosure provisions of this chapter.(h) Correspondence of and to individual Members of the Legislature and their staff, except as provided in Section 9080.(i) Records the disclosure of which is exempted or prohibited pursuant to provisions of federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.(j) Communications from private citizens to the Legislature, except as provided in Section 9080.(k) (1) Records of complaints to or investigations conducted by, or records of security procedures of, the Legislature. Legislature, except as provided in paragraph (2).(2) Complaint, investigation, and settlement records created on or after January 1, 2009, that reasonably relate to allegations of conduct by a Member of the Legislature that violates the sexual harassment policy of the house of the Legislature in which the Member serves are not exempt under this section or Section 9074 and shall be made available for inspection pursuant to this article. Personally-identifying information of victims and witnesses shall be redacted from the records. | |
| 45 | 45 | ||
| 46 | 46 | SECTION 1. Section 9075 of the Government Code is amended to read: | |
| 47 | 47 | ||
| 48 | 48 | ### SECTION 1. | |
| 49 | 49 | ||
| 50 | - | 9075. This article does not invalidate or affect the operation of Section 10207 or 10208 or Temporary Joint Rule 37 of the Senate and Assembly in effect on the effective date of this article or require the disclosure of records that are any of the following:(a) Preliminary drafts, notes, or legislative memoranda, except as provided in Section 9080.(b) Records pertaining to pending litigation to which the Legislature is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810) of Title 1, until the litigation or claim has been finally adjudicated or otherwise settled.(c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy, provided that the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Rules Committee shall determine whether disclosure of these records constitutes an unwarranted invasion of personal privacy.(d) Records pertaining to the names and phone numbers of senders and recipients of telephone and telegraph communications, provided that records of the total charges for any such communication shall be open for inspection.(e) Records pertaining to the name and location of recipients of automotive fuel or lubricants expenditures, provided that records of the total charges for those expenditures shall be open for inspection.(f) In the custody of or maintained by the Legislative Counsel, except those records in the public data base maintained by the Legislative Counsel that are described in Section 10248. Legislative records shall not be transferred to the custody of the Legislative Counsel to evade the disclosure provisions of this chapter.(g) In the custody of or maintained by the majority and minority caucuses and majority and minority consultants of each house of the Legislature, provided that legislative records shall not be transferred to the custody of the majority and minority caucuses and majority and minority consultants of each house of the Legislature to evade the disclosure provisions of this chapter.(h) Correspondence of and to individual Members of the Legislature and their staff, except as provided in Section 9080.(i) Records the disclosure of which is exempted or prohibited pursuant to provisions of federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.(j) Communications from private citizens to the Legislature, except as provided in Section 9080.(k) (1) Records of complaints to or investigations conducted by, or records of security procedures of, the Legislature, except as provided in paragraph (2).(2) Complaint, investigation, and settlement records created on or after January 1, 2009, | |
| 50 | + | 9075. Nothing in this This article shall be construed to does not invalidate or affect the operation of Sections 10207, 10208, 10525, and 10526 of this code, Section 10207 or 10208 or Temporary Joint Rule 37 of the Senate and Assembly in effect on the effective date of this article, article or to require the disclosure of records that are any of the following:(a) Preliminary drafts, notes, or legislative memoranda, except as provided in Section 9080.(b) Records pertaining to pending litigation to which the Legislature is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810) of Title 1, until the litigation or claim has been finally adjudicated or otherwise settled.(c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy, provided that the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Rules Committee shall determine whether disclosure of these records constitutes an unwarranted invasion of personal privacy.(d) Records pertaining to the names and phone numbers of senders and recipients of telephone and telegraph communications, provided that records of the total charges for any such communication shall be open for inspection.(e) Records pertaining to the name and location of recipients of automotive fuel or lubricants expenditures, provided that records of the total charges for those expenditures shall be open for inspection.(f) In the custody of or maintained by the Legislative Counsel, except those records in the public data base maintained by the Legislative Counsel that are described in Section 10248. Legislative records shall not be transferred to the custody of the Legislative Counsel to evade the disclosure provisions of this chapter.(g) In the custody of or maintained by the majority and minority caucuses and majority and minority consultants of each house of the Legislature, provided that legislative records shall not be transferred to the custody of the majority and minority caucuses and majority and minority consultants of each house of the Legislature to evade the disclosure provisions of this chapter.(h) Correspondence of and to individual Members of the Legislature and their staff, except as provided in Section 9080.(i) Records the disclosure of which is exempted or prohibited pursuant to provisions of federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.(j) Communications from private citizens to the Legislature, except as provided in Section 9080.(k) (1) Records of complaints to or investigations conducted by, or records of security procedures of, the Legislature. Legislature, except as provided in paragraph (2).(2) Complaint, investigation, and settlement records created on or after January 1, 2009, that reasonably relate to allegations of conduct by a Member of the Legislature that violates the sexual harassment policy of the house of the Legislature in which the Member serves are not exempt under this section or Section 9074 and shall be made available for inspection pursuant to this article. Personally-identifying information of victims and witnesses shall be redacted from the records. | |
| 51 | 51 | ||
| 52 | - | 9075. This article does not invalidate or affect the operation of Section 10207 or 10208 or Temporary Joint Rule 37 of the Senate and Assembly in effect on the effective date of this article or require the disclosure of records that are any of the following:(a) Preliminary drafts, notes, or legislative memoranda, except as provided in Section 9080.(b) Records pertaining to pending litigation to which the Legislature is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810) of Title 1, until the litigation or claim has been finally adjudicated or otherwise settled.(c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy, provided that the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Rules Committee shall determine whether disclosure of these records constitutes an unwarranted invasion of personal privacy.(d) Records pertaining to the names and phone numbers of senders and recipients of telephone and telegraph communications, provided that records of the total charges for any such communication shall be open for inspection.(e) Records pertaining to the name and location of recipients of automotive fuel or lubricants expenditures, provided that records of the total charges for those expenditures shall be open for inspection.(f) In the custody of or maintained by the Legislative Counsel, except those records in the public data base maintained by the Legislative Counsel that are described in Section 10248. Legislative records shall not be transferred to the custody of the Legislative Counsel to evade the disclosure provisions of this chapter.(g) In the custody of or maintained by the majority and minority caucuses and majority and minority consultants of each house of the Legislature, provided that legislative records shall not be transferred to the custody of the majority and minority caucuses and majority and minority consultants of each house of the Legislature to evade the disclosure provisions of this chapter.(h) Correspondence of and to individual Members of the Legislature and their staff, except as provided in Section 9080.(i) Records the disclosure of which is exempted or prohibited pursuant to provisions of federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.(j) Communications from private citizens to the Legislature, except as provided in Section 9080.(k) (1) Records of complaints to or investigations conducted by, or records of security procedures of, the Legislature, except as provided in paragraph (2).(2) Complaint, investigation, and settlement records created on or after January 1, 2009, | |
| 52 | + | 9075. Nothing in this This article shall be construed to does not invalidate or affect the operation of Sections 10207, 10208, 10525, and 10526 of this code, Section 10207 or 10208 or Temporary Joint Rule 37 of the Senate and Assembly in effect on the effective date of this article, article or to require the disclosure of records that are any of the following:(a) Preliminary drafts, notes, or legislative memoranda, except as provided in Section 9080.(b) Records pertaining to pending litigation to which the Legislature is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810) of Title 1, until the litigation or claim has been finally adjudicated or otherwise settled.(c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy, provided that the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Rules Committee shall determine whether disclosure of these records constitutes an unwarranted invasion of personal privacy.(d) Records pertaining to the names and phone numbers of senders and recipients of telephone and telegraph communications, provided that records of the total charges for any such communication shall be open for inspection.(e) Records pertaining to the name and location of recipients of automotive fuel or lubricants expenditures, provided that records of the total charges for those expenditures shall be open for inspection.(f) In the custody of or maintained by the Legislative Counsel, except those records in the public data base maintained by the Legislative Counsel that are described in Section 10248. Legislative records shall not be transferred to the custody of the Legislative Counsel to evade the disclosure provisions of this chapter.(g) In the custody of or maintained by the majority and minority caucuses and majority and minority consultants of each house of the Legislature, provided that legislative records shall not be transferred to the custody of the majority and minority caucuses and majority and minority consultants of each house of the Legislature to evade the disclosure provisions of this chapter.(h) Correspondence of and to individual Members of the Legislature and their staff, except as provided in Section 9080.(i) Records the disclosure of which is exempted or prohibited pursuant to provisions of federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.(j) Communications from private citizens to the Legislature, except as provided in Section 9080.(k) (1) Records of complaints to or investigations conducted by, or records of security procedures of, the Legislature. Legislature, except as provided in paragraph (2).(2) Complaint, investigation, and settlement records created on or after January 1, 2009, that reasonably relate to allegations of conduct by a Member of the Legislature that violates the sexual harassment policy of the house of the Legislature in which the Member serves are not exempt under this section or Section 9074 and shall be made available for inspection pursuant to this article. Personally-identifying information of victims and witnesses shall be redacted from the records. | |
| 53 | 53 | ||
| 54 | - | 9075. This article does not invalidate or affect the operation of Section 10207 or 10208 or Temporary Joint Rule 37 of the Senate and Assembly in effect on the effective date of this article or require the disclosure of records that are any of the following:(a) Preliminary drafts, notes, or legislative memoranda, except as provided in Section 9080.(b) Records pertaining to pending litigation to which the Legislature is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810) of Title 1, until the litigation or claim has been finally adjudicated or otherwise settled.(c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy, provided that the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Rules Committee shall determine whether disclosure of these records constitutes an unwarranted invasion of personal privacy.(d) Records pertaining to the names and phone numbers of senders and recipients of telephone and telegraph communications, provided that records of the total charges for any such communication shall be open for inspection.(e) Records pertaining to the name and location of recipients of automotive fuel or lubricants expenditures, provided that records of the total charges for those expenditures shall be open for inspection.(f) In the custody of or maintained by the Legislative Counsel, except those records in the public data base maintained by the Legislative Counsel that are described in Section 10248. Legislative records shall not be transferred to the custody of the Legislative Counsel to evade the disclosure provisions of this chapter.(g) In the custody of or maintained by the majority and minority caucuses and majority and minority consultants of each house of the Legislature, provided that legislative records shall not be transferred to the custody of the majority and minority caucuses and majority and minority consultants of each house of the Legislature to evade the disclosure provisions of this chapter.(h) Correspondence of and to individual Members of the Legislature and their staff, except as provided in Section 9080.(i) Records the disclosure of which is exempted or prohibited pursuant to provisions of federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.(j) Communications from private citizens to the Legislature, except as provided in Section 9080.(k) (1) Records of complaints to or investigations conducted by, or records of security procedures of, the Legislature, except as provided in paragraph (2).(2) Complaint, investigation, and settlement records created on or after January 1, 2009, | |
| 54 | + | 9075. Nothing in this This article shall be construed to does not invalidate or affect the operation of Sections 10207, 10208, 10525, and 10526 of this code, Section 10207 or 10208 or Temporary Joint Rule 37 of the Senate and Assembly in effect on the effective date of this article, article or to require the disclosure of records that are any of the following:(a) Preliminary drafts, notes, or legislative memoranda, except as provided in Section 9080.(b) Records pertaining to pending litigation to which the Legislature is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810) of Title 1, until the litigation or claim has been finally adjudicated or otherwise settled.(c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy, provided that the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Rules Committee shall determine whether disclosure of these records constitutes an unwarranted invasion of personal privacy.(d) Records pertaining to the names and phone numbers of senders and recipients of telephone and telegraph communications, provided that records of the total charges for any such communication shall be open for inspection.(e) Records pertaining to the name and location of recipients of automotive fuel or lubricants expenditures, provided that records of the total charges for those expenditures shall be open for inspection.(f) In the custody of or maintained by the Legislative Counsel, except those records in the public data base maintained by the Legislative Counsel that are described in Section 10248. Legislative records shall not be transferred to the custody of the Legislative Counsel to evade the disclosure provisions of this chapter.(g) In the custody of or maintained by the majority and minority caucuses and majority and minority consultants of each house of the Legislature, provided that legislative records shall not be transferred to the custody of the majority and minority caucuses and majority and minority consultants of each house of the Legislature to evade the disclosure provisions of this chapter.(h) Correspondence of and to individual Members of the Legislature and their staff, except as provided in Section 9080.(i) Records the disclosure of which is exempted or prohibited pursuant to provisions of federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.(j) Communications from private citizens to the Legislature, except as provided in Section 9080.(k) (1) Records of complaints to or investigations conducted by, or records of security procedures of, the Legislature. Legislature, except as provided in paragraph (2).(2) Complaint, investigation, and settlement records created on or after January 1, 2009, that reasonably relate to allegations of conduct by a Member of the Legislature that violates the sexual harassment policy of the house of the Legislature in which the Member serves are not exempt under this section or Section 9074 and shall be made available for inspection pursuant to this article. Personally-identifying information of victims and witnesses shall be redacted from the records. | |
| 55 | 55 | ||
| 56 | 56 | ||
| 57 | 57 | ||
| 58 | - | 9075. This article does not invalidate or affect the operation of Section 10207 or 10208 or Temporary Joint Rule 37 of the Senate and Assembly in effect on the effective date of this article or require the disclosure of records that are any of the following: | |
| 58 | + | 9075. Nothing in this This article shall be construed to does not invalidate or affect the operation of Sections 10207, 10208, 10525, and 10526 of this code, Section 10207 or 10208 or Temporary Joint Rule 37 of the Senate and Assembly in effect on the effective date of this article, article or to require the disclosure of records that are any of the following: | |
| 59 | 59 | ||
| 60 | 60 | (a) Preliminary drafts, notes, or legislative memoranda, except as provided in Section 9080. | |
| 61 | 61 | ||
| 62 | 62 | (b) Records pertaining to pending litigation to which the Legislature is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810) of Title 1, until the litigation or claim has been finally adjudicated or otherwise settled. | |
| 63 | 63 | ||
| 64 | 64 | (c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy, provided that the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Rules Committee shall determine whether disclosure of these records constitutes an unwarranted invasion of personal privacy. | |
| 65 | 65 | ||
| 66 | 66 | (d) Records pertaining to the names and phone numbers of senders and recipients of telephone and telegraph communications, provided that records of the total charges for any such communication shall be open for inspection. | |
| 67 | 67 | ||
| 68 | 68 | (e) Records pertaining to the name and location of recipients of automotive fuel or lubricants expenditures, provided that records of the total charges for those expenditures shall be open for inspection. | |
| 69 | 69 | ||
| 70 | 70 | (f) In the custody of or maintained by the Legislative Counsel, except those records in the public data base maintained by the Legislative Counsel that are described in Section 10248. Legislative records shall not be transferred to the custody of the Legislative Counsel to evade the disclosure provisions of this chapter. | |
| 71 | 71 | ||
| 72 | 72 | (g) In the custody of or maintained by the majority and minority caucuses and majority and minority consultants of each house of the Legislature, provided that legislative records shall not be transferred to the custody of the majority and minority caucuses and majority and minority consultants of each house of the Legislature to evade the disclosure provisions of this chapter. | |
| 73 | 73 | ||
| 74 | 74 | (h) Correspondence of and to individual Members of the Legislature and their staff, except as provided in Section 9080. | |
| 75 | 75 | ||
| 76 | 76 | (i) Records the disclosure of which is exempted or prohibited pursuant to provisions of federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege. | |
| 77 | 77 | ||
| 78 | 78 | (j) Communications from private citizens to the Legislature, except as provided in Section 9080. | |
| 79 | 79 | ||
| 80 | - | (k) (1) Records of complaints to or investigations conducted by, or records of security procedures of, the Legislature, except as provided in paragraph (2). | |
| 80 | + | (k) (1) Records of complaints to or investigations conducted by, or records of security procedures of, the Legislature. Legislature, except as provided in paragraph (2). | |
| 81 | 81 | ||
| 82 | - | (2) Complaint, investigation, and settlement records created on or after January 1, 2009, | |
| 82 | + | (2) Complaint, investigation, and settlement records created on or after January 1, 2009, that reasonably relate to allegations of conduct by a Member of the Legislature that violates the sexual harassment policy of the house of the Legislature in which the Member serves are not exempt under this section or Section 9074 and shall be made available for inspection pursuant to this article. Personally-identifying information of victims and witnesses shall be redacted from the records. | |
| 83 | 83 | ||
| 84 | 84 | SEC. 2. Article 3.7 (commencing with Section 9085) is added to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, to read: Article 3.7. Sexual Harassment9085. Each house of the Legislature shall implement a system to separately identify and track allegations of violations of the sexual harassment policy of the house. Each house shall ensure the tracking system clearly memorializes the status and resolution of each allegation and stores all records related to the allegation. | |
| 85 | 85 | ||
| 86 | 86 | SEC. 2. Article 3.7 (commencing with Section 9085) is added to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, to read: | |
| 87 | 87 | ||
| 88 | 88 | ### SEC. 2. | |
| 89 | 89 | ||
| 90 | 90 | Article 3.7. Sexual Harassment9085. Each house of the Legislature shall implement a system to separately identify and track allegations of violations of the sexual harassment policy of the house. Each house shall ensure the tracking system clearly memorializes the status and resolution of each allegation and stores all records related to the allegation. | |
| 91 | 91 | ||
| 92 | 92 | Article 3.7. Sexual Harassment9085. Each house of the Legislature shall implement a system to separately identify and track allegations of violations of the sexual harassment policy of the house. Each house shall ensure the tracking system clearly memorializes the status and resolution of each allegation and stores all records related to the allegation. | |
| 93 | 93 | ||
| 94 | 94 | Article 3.7. Sexual Harassment | |
| 95 | 95 | ||
| 96 | 96 | Article 3.7. Sexual Harassment | |
| 97 | 97 | ||
| 98 | 98 | 9085. Each house of the Legislature shall implement a system to separately identify and track allegations of violations of the sexual harassment policy of the house. Each house shall ensure the tracking system clearly memorializes the status and resolution of each allegation and stores all records related to the allegation. | |
| 99 | 99 | ||
| 100 | 100 | ||
| 101 | 101 | ||
| 102 | 102 | 9085. Each house of the Legislature shall implement a system to separately identify and track allegations of violations of the sexual harassment policy of the house. Each house shall ensure the tracking system clearly memorializes the status and resolution of each allegation and stores all records related to the allegation. |