BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1661


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          Date of Hearing:  May 4, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          1661 (McCarty) - As Amended April 11, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill requires local agency officials to receive sexual  
          harassment training and education if the local agency provides  
          any type of compensation, salary, or stipend to a local agency  
          official. Specifically, this bill:  


          1)Requires each local agency official, or employee who receives  
            any type of compensation, salary, or stipend, to receive at  








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            least two hours of sexual harassment training and education  
            within the first six months of taking office or commencing  
            employment, and every two years thereafter.



          2)Requires an entity that develops sexual harassment training  
            curricula to consult with the Attorney General regarding the  
            sufficiency and accuracy of the proposed content.



          3)Requires the training to include information regarding the  
            federal and state statutory provisions against sexual  
            harassment.



          4)Requires the training and education to include practical  
            examples intended to instruct the officials in the prevention  
            of sexual harassment, discrimination, and retaliation.



          5)Allows a local agency to offer online or self-study training  
            courses to meet the provisions of this bill.



          6)Requires the local agency to maintain records, for at least a  
            period of five years, the dates that the local agency's  
            officials satisfied their training requirements and  
            documentation of the entity that provided the training.



          FISCAL EFFECT:










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          1)Significant costs to the Department of Justice of up to $1  
            million (GF) to consult and review all proposed training  
            materials regarding sexual harassment training for local  
            agencies across the state, and to provide any resulting  
            training, or statutory and regulatory provision updates.


          2)Potentially significant reimbursable costs to local agencies  
            to develop materials and provide sexual harassment training to  
            local agency officials.


          





          COMMENTS:


          1)Purpose. According to the authors, "In 2004, AB 1825 (Reyes)  
            established requirements for sexual harassment prevention  
            training in the workplace.  Specifically, it required that  
            employers of 50 or more employees must provide training of a  
            (minimum) of two hours on sexual harassment prevention  
            training to all supervisors and mandated that training needed  
            to be renewed every two years in order to keep  
            employers/employees updated and refreshed on how to report,  
            prevent, and recognize sexual harassment. However, this  
            existing law does not explicitly require city or county  
            elected officials to take (a) sexual harassment prevention  
            training course.  Some cities have interpreted AB 1825 to not  
            apply to city council members, while some cities have found  
            that it does apply.  This loophole has caused significant  
            confusion.  The cost to cities to litigate and/or settle  
            claims for sexual harassment suits is in the hundreds of  
            thousands of dollars, which results in a significant loss of  
            revenue and diverts funds from essential constituent  








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            services."


            This bill requires local agency elected officials to receive  
            sexual harassment prevention training and education within six  
            months of taking office.


          2)Background. Current law requires employers who have 50 or more  
            employees to provide at least 2 hours of sexual harassment  
            prevention training every 2 years. However, existing statute  
            does not explicitly require city, county, or special district  
            officials to take sexual harassment prevention training.


            During the past few years, California has witnessed a number  
            of high-profile cases in which elected local government  
            officials were accused and/or found guilty of sexually  
            harassing their staff or other employees.  This bill is  
            modeled after current law governing ethics training for local  
            agency officials, in an attempt to clarify that local agency  
            officials are, indeed, required to complete training and  
            education in sexual harassment.





          3)Previous Legislation.
            


             a)   AB 2053 (Gonzalez), Chapter 306, Statutes of 2014,  
               expanded on existing law on sexual harassment training for  
               supervisory employees to also include training on the  
               prevention of abusive conduct.











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             b)   SB 1087 (Monning), Chapter 750, Statutes of 2014,  
               prohibited a farm labor contractor (FLC) who engages in  
               sexual harassment from being issued an FLC's license or  
               renewing the license, as specified.



             c)   AB 1234 (Salinas), Chapter 700, Statutes of 2005,  
               established provisions for ethics training for local  
               government officials and designated employees.  



             d)   AB 1825 (Reyes), Chapter 933, Statutes of 2004, required  
               employers who have 50 or more employees to provide sexual  
               harassment training and education to all supervisory  
               employees.
          





          Analysis Prepared by:Jennifer Swenson / APPR. / (916)  
          319-2081