| 1 | 1 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION House Resolution No. 101Introduced by Assembly Member Kiley(Coauthors: Assembly Members Megan Dahle, Fong, Mathis, and Patterson)July 29, 2020 Relative to the Standing Rules of the Assembly for the 201920 Regular Session. LEGISLATIVE COUNSEL'S DIGESTHR 101, as introduced, Kiley. Digest KeyBill TextResolved by the Assembly of the State of California, That the Standing Rules of the Assembly for the 201920 Regular Session are amended as follows:That Rule 11.3 is amended to read:11.3. (a) Except as otherwise provided in this rule, all meetings of the Assembly or a committee thereof shall be open and public, and all persons shall be permitted to attend the meetings. As used in this rule, meeting means a gathering of a quorum of the Members of the Assembly or a committee in one place for the purpose of discussing legislative or other official matters within the jurisdiction of the Assembly or committee. As used in this rule, committee includes a standing committee, joint committee, conference committee, subcommittee, select committee, special committee, research committee, or any similar body.(b) Any meeting that is required to be open and public pursuant to this rule, including any closed session held pursuant to subdivision (c), (d), may be held only after full and timely notice to the public as provided by the Joint Rules of the Senate and Assembly.(c) The public shall be allowed to provide legislative testimony via telephone or alternative remote access technology at any meeting of a standing committee or subcommittee.(c)(d) The Assembly or a committee thereof may hold a closed session solely for any of the following purposes:(1) To consider the appointment, employment, evaluation of performance, or dismissal of a public officer or employee, to consider or hear complaints or charges brought against a Member of the Legislature or other public officer or employee, or to establish the classification or compensation of an employee of the Assembly.(2) To consider matters affecting the safety and security of Members of the Legislature or its employees, or the safety and security of any buildings and grounds used by the Legislature.(3) To confer with, or receive advice from, its legal counsel regarding pending or reasonably anticipated litigation, or whether to initiate litigation, when discussion in open session would not protect the interests of the Assembly or committee regarding the litigation.(d)(e) A caucus of the Members of the Assembly that is composed of members of the same political party may meet in closed session.(e)(f) A closed session may be held pursuant to paragraph (3) of subdivision (c) (d) under any of the following circumstances:(1) An adjudicatory proceeding before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator, to which the Assembly or a committee, Member, or employee thereof is a party, has been initiated formally.(2) Based on existing facts and circumstances, a point has been reached where, in the opinion of the Assembly or a committee thereof, on the advice of its legal counsel, litigation against the Assembly or a committee, Member, or employee thereof is reasonably anticipated.(3) Based on existing facts and circumstances, the Assembly or a committee thereof has decided to initiate, or is deciding whether to initiate, litigation.(4) To confer with, or receive advice from, its legal counsel and negotiator prior to the purchase, sale, exchange, or lease of real property by or for the Assembly or a committee thereof regarding the price and terms of payment for the purchase, sale, exchange, or lease.(f)(g) Prior to holding a closed session pursuant to paragraph (3) of subdivision (c), (d), the presiding officer of the Assembly or the chairperson of the committee, as appropriate, shall state publicly which paragraph of subdivision (e) (f) is applicable. If the closed session is held pursuant to paragraph (1) of subdivision (e), (f), the presiding officer or chairperson shall state the title of or otherwise specifically identify the litigation to be discussed, unless the presiding officer or chairperson states that to do so would jeopardize the ability to effectuate service of process upon one or more unserved parties, or that to do so would jeopardize the ability of the Assembly or the committee to conclude existing settlement negotiations to its advantage. If the closed session is held pursuant to paragraph (4) of subdivision (e), (f), the notice of the closed session shall identify the real property that the negotiations may concern and the person with whom the negotiations may take place.(g)(h) The legal counsel for the Assembly or the committee shall prepare and submit to the Assembly or the committee a memorandum stating the specific reasons and legal authority for the closed session. If the closed session is held pursuant to paragraph (1) of subdivision (e), (f), the memorandum shall include the title of or other identification of the litigation. If the closed session is held pursuant to paragraph (2), (3), or (4) of subdivision (e), (f), the memorandum shall set forth the existing facts and circumstances on which the closed session is based. The legal counsel shall submit the memorandum to the Assembly or the committee prior to the closed session, if feasible, or, in any case, not later than one week after the closed session. The memorandum is exempt from disclosure under the Legislative Open Records Act contained in Article 3.5 (commencing with Section 9070) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code.(h)(i) For purposes of paragraph (3) of subdivision (c), (d), litigation includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator.(i)(j) For purposes of this rule, all expressions of the lawyer-client privilege other than those provided in this rule are hereby abrogated. This rule is the exclusive expression of the lawyer-client privilege for the purposes of conducting closed-session meetings pursuant to this rule.(j)(k) Disclosure of a memorandum required under this rule shall not be deemed a waiver of the lawyer-client privilege provided for under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION House Resolution No. 101Introduced by Assembly Member Kiley(Coauthors: Assembly Members Megan Dahle, Fong, Mathis, and Patterson)July 29, 2020 Relative to the Standing Rules of the Assembly for the 201920 Regular Session. LEGISLATIVE COUNSEL'S DIGESTHR 101, as introduced, Kiley. Digest Key |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION |
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| 11 | 11 | | House Resolution |
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| 12 | 12 | | |
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| 13 | 13 | | No. 101 |
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| 14 | 14 | | |
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| 15 | 15 | | Introduced by Assembly Member Kiley(Coauthors: Assembly Members Megan Dahle, Fong, Mathis, and Patterson)July 29, 2020 |
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| 16 | 16 | | |
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| 17 | 17 | | Introduced by Assembly Member Kiley(Coauthors: Assembly Members Megan Dahle, Fong, Mathis, and Patterson) |
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| 18 | 18 | | July 29, 2020 |
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| 19 | 19 | | |
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| 20 | 20 | | Relative to the Standing Rules of the Assembly for the 201920 Regular Session. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | HR 101, as introduced, Kiley. |
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| 29 | 29 | | |
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| 30 | 30 | | ## Digest Key |
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| 31 | 31 | | |
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| 32 | 32 | | ## Bill Text |
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| 34 | 34 | | Resolved by the Assembly of the State of California, That the Standing Rules of the Assembly for the 201920 Regular Session are amended as follows: |
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| 36 | 36 | | That Rule 11.3 is amended to read: |
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| 37 | 37 | | |
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| 38 | 38 | | 11.3. (a) Except as otherwise provided in this rule, all meetings of the Assembly or a committee thereof shall be open and public, and all persons shall be permitted to attend the meetings. As used in this rule, meeting means a gathering of a quorum of the Members of the Assembly or a committee in one place for the purpose of discussing legislative or other official matters within the jurisdiction of the Assembly or committee. As used in this rule, committee includes a standing committee, joint committee, conference committee, subcommittee, select committee, special committee, research committee, or any similar body. |
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| 40 | 40 | | (b) Any meeting that is required to be open and public pursuant to this rule, including any closed session held pursuant to subdivision (c), (d), may be held only after full and timely notice to the public as provided by the Joint Rules of the Senate and Assembly. |
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| 42 | 42 | | (c) The public shall be allowed to provide legislative testimony via telephone or alternative remote access technology at any meeting of a standing committee or subcommittee. |
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| 44 | 44 | | (c) |
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| 48 | 48 | | (d) The Assembly or a committee thereof may hold a closed session solely for any of the following purposes: |
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| 50 | 50 | | (1) To consider the appointment, employment, evaluation of performance, or dismissal of a public officer or employee, to consider or hear complaints or charges brought against a Member of the Legislature or other public officer or employee, or to establish the classification or compensation of an employee of the Assembly. |
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| 52 | 52 | | (2) To consider matters affecting the safety and security of Members of the Legislature or its employees, or the safety and security of any buildings and grounds used by the Legislature. |
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| 54 | 54 | | (3) To confer with, or receive advice from, its legal counsel regarding pending or reasonably anticipated litigation, or whether to initiate litigation, when discussion in open session would not protect the interests of the Assembly or committee regarding the litigation. |
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| 56 | 56 | | (d) |
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| 60 | 60 | | (e) A caucus of the Members of the Assembly that is composed of members of the same political party may meet in closed session. |
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| 62 | 62 | | (e) |
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| 66 | 66 | | (f) A closed session may be held pursuant to paragraph (3) of subdivision (c) (d) under any of the following circumstances: |
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| 68 | 68 | | (1) An adjudicatory proceeding before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator, to which the Assembly or a committee, Member, or employee thereof is a party, has been initiated formally. |
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| 70 | 70 | | (2) Based on existing facts and circumstances, a point has been reached where, in the opinion of the Assembly or a committee thereof, on the advice of its legal counsel, litigation against the Assembly or a committee, Member, or employee thereof is reasonably anticipated. |
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| 72 | 72 | | (3) Based on existing facts and circumstances, the Assembly or a committee thereof has decided to initiate, or is deciding whether to initiate, litigation. |
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| 74 | 74 | | (4) To confer with, or receive advice from, its legal counsel and negotiator prior to the purchase, sale, exchange, or lease of real property by or for the Assembly or a committee thereof regarding the price and terms of payment for the purchase, sale, exchange, or lease. |
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| 76 | 76 | | (f) |
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| 80 | 80 | | (g) Prior to holding a closed session pursuant to paragraph (3) of subdivision (c), (d), the presiding officer of the Assembly or the chairperson of the committee, as appropriate, shall state publicly which paragraph of subdivision (e) (f) is applicable. If the closed session is held pursuant to paragraph (1) of subdivision (e), (f), the presiding officer or chairperson shall state the title of or otherwise specifically identify the litigation to be discussed, unless the presiding officer or chairperson states that to do so would jeopardize the ability to effectuate service of process upon one or more unserved parties, or that to do so would jeopardize the ability of the Assembly or the committee to conclude existing settlement negotiations to its advantage. If the closed session is held pursuant to paragraph (4) of subdivision (e), (f), the notice of the closed session shall identify the real property that the negotiations may concern and the person with whom the negotiations may take place. |
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| 82 | 82 | | (g) |
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| 86 | 86 | | (h) The legal counsel for the Assembly or the committee shall prepare and submit to the Assembly or the committee a memorandum stating the specific reasons and legal authority for the closed session. If the closed session is held pursuant to paragraph (1) of subdivision (e), (f), the memorandum shall include the title of or other identification of the litigation. If the closed session is held pursuant to paragraph (2), (3), or (4) of subdivision (e), (f), the memorandum shall set forth the existing facts and circumstances on which the closed session is based. The legal counsel shall submit the memorandum to the Assembly or the committee prior to the closed session, if feasible, or, in any case, not later than one week after the closed session. The memorandum is exempt from disclosure under the Legislative Open Records Act contained in Article 3.5 (commencing with Section 9070) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code. |
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| 88 | 88 | | (h) |
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| 92 | 92 | | (i) For purposes of paragraph (3) of subdivision (c), (d), litigation includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator. |
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| 94 | 94 | | (i) |
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| 98 | 98 | | (j) For purposes of this rule, all expressions of the lawyer-client privilege other than those provided in this rule are hereby abrogated. This rule is the exclusive expression of the lawyer-client privilege for the purposes of conducting closed-session meetings pursuant to this rule. |
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| 100 | 100 | | (j) |
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| 104 | 104 | | (k) Disclosure of a memorandum required under this rule shall not be deemed a waiver of the lawyer-client privilege provided for under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code. |
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