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AB-1094 Sexual harassment claims against Members of the Legislature: settlement payments.(2019-2020)

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Date Published: 02/21/2019 09:00 PM
AB1094:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1094


Introduced by Assembly Member Choi

February 21, 2019


An act to add Sections 811.7 and 825.1 to the Government Code, relating to liability.


LEGISLATIVE COUNSEL'S DIGEST


AB 1094, as introduced, Choi. Sexual harassment claims against Members of the Legislature: settlement payments.
The Government Claims Act governs the liability and immunity of public entities and their officers and employees, claims and actions against public entities and their officers and employees, insurance indemnification, and the defense of public officers and employees. Under existing law, claims under the Government Claims Act include tort claims as well as certain contract claims.
This bill would, in an action alleging conduct by a Member of the Legislature that constitutes sexual harassment, as defined, prohibit either house of the Legislature from paying any compromise or settlement of the action.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 811.7 is added to the Government Code, to read:

811.7.
 “Sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature.

SEC. 2.

 Section 825.1 is added to the Government Code, to read:

825.1.
 Notwithstanding Section 825, in an action alleging conduct by a Member of the Legislature that constitutes sexual harassment, neither house of the Legislature shall pay any compromise or settlement of the action.