SB 867: Legislative Counsel: workplace conduct services.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-09-17
Existing law establishes the Legislative Counsel Bureau and provides that the chief of the bureau is the Legislative Counsel.
This bill would require the Legislative Counsel to establish a unit within the Legislative Counsel Bureau to provide advice and investigation services to the Legislature related to workplace misconduct. The bill would require the unit to accept and investigate reports and complaints of workplace misconduct, as authorized by the Legislature. The bill would require the Legislative Counsel to employ a director of the unit, one or more investigators, and additional staff as appropriate, and would require, notwithstanding existing law, the Legislative Counsel to be granted career executive assignments, at his or her request, to fill the positions of director and investigator. The bill would require the Legislative Counsel to retain by contract a rotating panel of experts to review investigations and make recommendations to the Legislature regarding the matters under investigation.
The bill would appropriate $1,506,000 to the Legislative Counsel Bureau for costs associated with implementation of the bill.
This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Existing law establishes the Legislative Counsel Bureau and provides that the chief of the bureau is the Legislative Counsel.
This bill would require the Legislative Counsel to establish a unit within the Legislative Counsel Bureau to provide advice and investigation services to the Legislature related to workplace misconduct. The bill would require the unit to accept and investigate reports and complaints of workplace misconduct, as authorized by the Legislature. The bill would require the Legislative Counsel to employ a director of the unit, one or more investigators, and additional staff as appropriate, and would require, notwithstanding existing law, the Legislative Counsel to be granted career executive assignments, at his or her request, to fill the positions of director and investigator. The bill would require the Legislative Counsel to retain by contract a rotating panel of experts to review investigations and make recommendations to the Legislature regarding the matters under investigation.
The bill would appropriate $1,506,000 to the Legislative Counsel Bureau for costs associated with implementation of the bill.
This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Existing law establishes the Legislative Counsel Bureau and provides that the chief of the bureau is the Legislative Counsel.
This bill would require the Legislative Counsel to establish a unit within the Legislative Counsel Bureau to provide advice and investigation services to the Legislature related to workplace misconduct. The bill would require the unit to accept and investigate reports and complaints of workplace misconduct, as authorized by the Legislature. The bill would require the Legislative Counsel to employ a director of the unit, one or more investigators, and additional staff as appropriate, and would require, notwithstanding existing law, the Legislative Counsel to be granted career executive assignments, at his or her request, to fill the positions of director and investigator. The bill would require the Legislative Counsel to retain by contract a rotating panel of experts to review investigations and make recommendations to the Legislature regarding the matters under investigation.
The bill would appropriate $1,506,000 to the Legislative Counsel Bureau for costs associated with implementation of the bill.
This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Existing law establishes the Legislative Counsel Bureau and provides that the chief of the bureau is the Legislative Counsel.
This bill would require the Legislative Counsel to establish a unit within the Legislative Counsel Bureau to provide advice and investigation services to the Legislature related to workplace misconduct. The bill would require the unit to accept and investigate reports and complaints of workplace misconduct, as authorized by the Legislature. The bill would require the Legislative Counsel to employ a director of the unit, one or more investigators, and additional staff as appropriate, and would require, notwithstanding existing law, the Legislative Counsel to be granted career executive assignments, at his or her request, to fill the positions of director and investigator. The bill would require the Legislative Counsel to retain by contract a rotating panel of experts to review investigations and make recommendations to the Legislature regarding the matters under investigation.
The bill would appropriate $1,506,000 to the Legislative Counsel Bureau for costs associated with implementation of the bill.
This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2018.This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2018.
The Legislature hereby finds and declares all of the following:
(a)After extensive public hearings, the Subcommittee on Sexual Harassment Prevention and Response of the Joint Rules Committee has identified as the primary goal in the Legislatures reform efforts in response to the Me Too movement the transformation of the Legislatures workplace culture to promote respect, civility, and diversity.
(b)A broad set of actions is needed to accomplish this goal.
(c)Establishing a unit in the Legislative Counsel Bureau to investigate workplace misconduct will assist these efforts by providing legislative employees and others with a single, unified structure for the reporting and investigation of workplace misconduct. Requiring the Legislative Counsel to retain by contract a panel of experts will provide assurances to the legislative community that decisions regarding workplace misconduct are informed by expert advice.
SEC. 2.Section 10249 is added to the Government Code, to read:10249.(a)(1)The Legislative Counsel shall establish a unit within the Legislative Counsel Bureau to provide advice and investigation services to the Legislature related to workplace misconduct.
(2)The unit shall accept and investigate reports and complaints of workplace misconduct, as authorized by the Legislature.
(3)The Legislative Counsel shall employ a director of the unit, one or more investigators, and additional staff as appropriate. Notwithstanding Section 19889, but consistent with the merit principles of subdivision (b) of Section 1 of Article VII of the California Constitution, the Legislative Counsel shall be granted career executive assignments, at his or her request, to fill the positions of director and investigator.
(b)The Legislative Counsel shall retain by contract a rotating panel of experts to review investigations undertaken by the unit and make recommendations to the Legislature regarding matters under investigation.
SEC. 3.The sum of one million five hundred and six thousand dollars ($1,506,000) is appropriated to the Legislative Counsel Bureau for costs associated with implementation of Section 10249 of the Government Code.
SEC. 4.This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.
The Legislature hereby finds and declares all of the following:
(a)After extensive public hearings, the Subcommittee on Sexual Harassment Prevention and Response of the Joint Rules Committee has identified as the primary goal in the Legislatures reform efforts in response to the Me Too movement the transformation of the Legislatures workplace culture to promote respect, civility, and diversity.
(b)A broad set of actions is needed to accomplish this goal.
(c)Establishing a unit in the Legislative Counsel Bureau to investigate workplace misconduct will assist these efforts by providing legislative employees and others with a single, unified structure for the reporting and investigation of workplace misconduct. Requiring the Legislative Counsel to retain by contract a panel of experts will provide assurances to the legislative community that decisions regarding workplace misconduct are informed by expert advice.
SEC. 2.Section 10249 is added to the Government Code, to read:10249.(a)(1)The Legislative Counsel shall establish a unit within the Legislative Counsel Bureau to provide advice and investigation services to the Legislature related to workplace misconduct.
(2)The unit shall accept and investigate reports and complaints of workplace misconduct, as authorized by the Legislature.
(3)The Legislative Counsel shall employ a director of the unit, one or more investigators, and additional staff as appropriate. Notwithstanding Section 19889, but consistent with the merit principles of subdivision (b) of Section 1 of Article VII of the California Constitution, the Legislative Counsel shall be granted career executive assignments, at his or her request, to fill the positions of director and investigator.
(b)The Legislative Counsel shall retain by contract a rotating panel of experts to review investigations undertaken by the unit and make recommendations to the Legislature regarding matters under investigation.
SEC. 3.The sum of one million five hundred and six thousand dollars ($1,506,000) is appropriated to the Legislative Counsel Bureau for costs associated with implementation of Section 10249 of the Government Code.
SEC. 4.This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.
The Legislature hereby finds and declares all of the following:
(a)After extensive public hearings, the Subcommittee on Sexual Harassment Prevention and Response of the Joint Rules Committee has identified as the primary goal in the Legislatures reform efforts in response to the Me Too movement the transformation of the Legislatures workplace culture to promote respect, civility, and diversity.
(b)A broad set of actions is needed to accomplish this goal.
(c)Establishing a unit in the Legislative Counsel Bureau to investigate workplace misconduct will assist these efforts by providing legislative employees and others with a single, unified structure for the reporting and investigation of workplace misconduct. Requiring the Legislative Counsel to retain by contract a panel of experts will provide assurances to the legislative community that decisions regarding workplace misconduct are informed by expert advice.
SEC. 2.Section 10249 is added to the Government Code, to read:10249.(a)(1)The Legislative Counsel shall establish a unit within the Legislative Counsel Bureau to provide advice and investigation services to the Legislature related to workplace misconduct.
(2)The unit shall accept and investigate reports and complaints of workplace misconduct, as authorized by the Legislature.
(3)The Legislative Counsel shall employ a director of the unit, one or more investigators, and additional staff as appropriate. Notwithstanding Article 9 (commencing with Section 19889) of Chapter 2.5 of Part 2.6 of Division 5 or any other law, Section 19889, but consistent with the merit principles of subdivision (b) of Section 1 of Article VII of the California Constitution, the Legislative Counsel shall be granted career executive assignments, at his or her request, to fill the positions of director and investigator.
(b)The Legislative Counsel shall retain by contract a rotating panel of experts to review investigations undertaken by the unit and make recommendations to the Legislature regarding matters under investigation.
SEC. 3.The sum of one million five hundred and six thousand dollars ($1,506,000) is appropriated to the Legislative Counsel Bureau for costs associated with implementation of Section 10249 of the Government Code.
SEC. 4.This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.
The Legislature hereby finds and declares all of the following:
(a)After extensive public hearings, the Subcommittee on Sexual Harassment Prevention and Response of the Joint Rules Committee has identified as the primary goal in the Legislatures reform efforts in response to the Me Too movement the transformation of the Legislatures workplace culture to promote respect, civility, and diversity.
(b)A broad set of actions is needed to accomplish this goal.
(c)Establishing a unit in the Legislative Counsel Bureau to investigate workplace misconduct will assist these efforts by providing legislative employees and others with a single, unified structure for the reporting and investigation of workplace misconduct. Requiring the Legislative Counsel to retain by contract a panel of experts will provide assurances to the legislative community that decisions regarding workplace misconduct are informed by expert advice.
SEC. 2.Section 10249 is added to the Government Code, to read:10249.(a)(1)The Legislative Counsel shall establish a unit within the Legislative Counsel Bureau to provide advice and investigation services to the Legislature related to workplace misconduct.
(2)The unit shall accept and investigate reports and complaints of workplace misconduct, as authorized by the Legislature.
(3)The Legislative Counsel shall employ a director of the unit, one or more investigators, and additional staff as appropriate. Notwithstanding Article 9 (commencing with Section 19889) of Chapter 2.5 of Part 2.6 of Division 5 or any other law, but consistent with the merit principles of subdivision (b) of Section 1 of Article VII of the California Constitution, the Legislative Counsel shall be granted career executive assignments, at his or her request, to fill the positions of director and investigator.
(b)The Legislative Counsel shall retain by contract a rotating panel of experts to review investigations undertaken by the unit and make recommendations to the Legislature regarding matters under investigation.
SEC. 3.The sum of one million five hundred and six thousand dollars ($1,506,000) is appropriated to the Legislative Counsel Bureau for costs associated with implementation of Section 10249 of the Government Code.
SEC. 4.This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.
SECTION 1.It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2018.It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2018.
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Date
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Status
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|---|---|
| Sep 17, 2018 | Chaptered by Secretary of State. Chapter 450, Statutes of 2018. |
| Sep 17, 2018 | Approved by the Governor. |
| Sep 10, 2018 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 30, 2018 | Assembly amendments concurred in. (Ayes 38. Noes 0.) Ordered to engrossing and enrolling. |
| Aug 29, 2018 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 29, 2018 | Read third time. Passed. Ordered to the Senate. |
| Aug 16, 2018 | Assembly Rule 96 suspended. |
| Aug 15, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET. |
| Aug 13, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET. |
| May 7, 2018 | Referred to Com. on BUDGET. |
| May 3, 2018 | In Assembly. Read first time. Held at Desk. |
| May 3, 2018 | Read third time. Passed. (Ayes 24. Noes 11.) Ordered to the Assembly. |
| May 1, 2018 | Read second time. Ordered to third reading. |
| Apr 30, 2018 | Withdrawn from committee. (Ayes 25. Noes 11.) |
| Jan 16, 2018 | Referred to Com. on B. & F.R. |
| Jan 11, 2018 | From printer. May be acted upon on or after February 10. |
| Jan 10, 2018 | Introduced. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 30, 2018 | Unfinished Business SB867 B. & F.R. (Mitchell) Concurrence | Senate Floor |
Passed |
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| Aug 29, 2018 | SB 867 B. & F. R. Senate Third Reading By TING | Assembly Floor |
Passed |
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| May 3, 2018 | Senate 3rd Reading SB867 B. & F.R. | Senate Floor |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 867 |
UNFINISHED BUSINESS
Bill No: SB 867
Author: Committee on Budget and Fiscal Review
Amended: 8/15/18
ASSEMBLY FLOOR: 80-0, 8/29/18 - See last page for vote
SUBJECT: Legislative Counsel: workplace conduct services
DIGEST:
This bill is the legislative workplace conduct trailer bill.
Assembly Amendments delete the Senate version of the bill and add the current language.
This bill:
- Requires the Legislative Counsel to establish a unit within the Legislative Counsel Bureau, consisting of a Director, one or more investigators, and additional staff as appropriate, to provide advice and investigation services to the Legislature related to workplace misconduct.
- The unit shall accept and investigate reports and complaints of workplace misconduct, as authorized by the Legislature.
- Grants the Legislative Counsel career executive assignments, at his or her request, to fill the positions of director and investigator.
- Requires the Legislative Counsel to retain by contract a rotating panel of experts to review investigations undertaken by the unit and make recommendations to the Legislature regarding matters under investigation.
- Appropriates $1,506,000 General Fund to the Legislative Counsel in order to carry-out the requirements of this bill.
Background
The Joint Rules Committee Subcommittee on Sexual Harassment Prevention and Response identified as the primary goal in the Legislature’s reform efforts, in response to the “Me Too” movement, the transformation of the Legislature’s workplace culture to promote respect, civility, and diversity.
FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: No
According to the Senate Budget and Fiscal Review Committee, appropriates $1,506,000 General Fund.
None received
OPPOSITION: (Verified 8/17/18)
None received
ASSEMBLY FLOOR: 80-0, 8/29/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rivas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
Prepared by: Joe Stephenshaw and Renita Polk / B. & F.R. / (916) 651-4103
8/30/18 0:24:53
**** END ****
SENATE THIRD READING
STR Bill Id:SB 867
Author:(Committee on Budget and Fiscal Review)
As Amended Ver:August 15, 2018
Majority vote. Budget Bill Appropriation Takes Effect Immediately
SENATE VOTE: Vote not relevant
SUMMARY: Makes technical changes related to the 2018-19 Budget Act. Specifically, this bill:
- Makes findings and declarations related to the Legislature's reform efforts in response to the "Me Too" movement.
- Establishes a unit within the Legislative Counsel Bureau to provide advice and investigation services to the Legislature related to workplace misconduct.
- Requires the unit to accept and investigate reports and complaints of workplace misconduct, as authorized by the Legislature.
- Requires the Legislative Counsel to employ a director of the unit, one or more investigators, and additional staff as appropriate.
- Provides that the position of director and investigator shall be career executive assignments.
- Requires the Legislative Counsel to retain by contract, a rotating panel of experts, to review investigations undertaken by the unit and make recommendations to the Legislature regarding matters under investigation.
FISCAL EFFECT: Appropriates $1.506 million to Legislative Counsel to implement the provisions of the bill.
COMMENTS: This budget bill amends the 2018 Budget Act, and makes technical changes related to Legislative Counsel Workplace Conduct.
Analysis Prepared by: Genevieve Morelos / BUDGET / (916) 319-2099 FN: 0004234
Date of Hearing: August 15, 2018
ASSEMBLY COMMITTEE ON BUDGET
Philip Y. Ting, Chair
SBPCA Bill Id:SB 867
Author:(Committee on Budget and Fiscal Review) – As Introduced Ver:January 10, 2018
SENATE VOTE: 24-11
SUBJECT: Budget Act of 2018
SUMMARY: Makes technical changes related to the 2018-19 Budget Act. Specifically, this bill:
- Makes findings and declarations related to the Legislature’s reform efforts in response to the “Me Too” movement.
- Establishes a unit within the Legislative Counsel Bureau to provide advice and investigation services to the Legislature related to workplace misconduct.
- Requires the unit to accept and investigate reports and complaints of workplace misconduct, as authorized by the Legislature.
- Requires the Legislative Counsel to employ a director of the unit, one or more investigators, and additional staff as appropriate.
- Provides that the position of director and investigator shall be career executive assignments.
- Requires the Legislative Counsel to retain by contract, a rotating panel of experts, to review investigations undertaken by the unit and make recommendations to the Legislature regarding matters under investigation.
FISCAL EFFECT: Appropriates $1.506 million to Legislative Counsel to implement the provisions of the bill.
COMMENTS: This budget bill amends the 2018 Budget Act, and makes technical changes related to the
Analysis Prepared by: Genevieve Morelos / BUDGET / (916) 319-2099
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 867 |
THIRD READING
Bill No: SB 867
Author: Committee on Budget and Fiscal Review
Introduced: 1/10/18
DIGEST:
This bill expresses the intent of the Legislature to enact statutory changes relating to the Budget Act of 2018.
ANALYSIS: Senate Bills 840 through 879, inclusive, are to be considered as vehicles for the 2018-19 Budget Trailer Bills.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
None received
OPPOSITION: (Verified 4/30/18)
None received
Prepared by: Jonas Austin / SFA / (916) 651-1520
5/2/18 14:15:52
**** END ****
Discussed in Hearing
2MIN
Senate Floor
4MIN
Assembly Floor
2MIN
Assembly Standing Committee on Budget
Bill Author
Bill Co-Author(s):