BILL NUMBER: AB 1825 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Nazarian
FEBRUARY 18, 2014
An act to amend Section 35400 of the Education Code, relating to
school districts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1825, as introduced, Nazarian. School districts: Los Angeles
Unified School District: inspector general.
(1) Existing law, until January 1, 2015, authorizes the Los
Angeles Unified School District's Inspector General of the Office of
the Inspector General to conduct audits and investigations, as
specified, including administering oaths or affirmations. Existing
law makes it a misdemeanor, punishable as specified, for a person,
after the administration of an oath or affirmation, to state or
affirm as true any material matter that he or she knows to be false.
Existing law also requires the inspector general to submit an interim
report to the Legislature by July 1, 2000, annual interim reports by
July 1 of each succeeding year, and a final cumulative report by
December 1, 2014, that includes specified information.
This bill would extend that authority of the inspector general of
the Los Angeles Unified School District until January 1, 2025. The
bill would also require the final cumulative report to be submitted
by the inspector general to the Legislature by December 1, 2024. By
extending the operation of a crime, the bill would impose a
state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(3) This bill would make legislative findings and declarations as
to the necessity of a special statute for the Los Angeles Unified
School District.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 35400 of the Education Code is amended to read:
35400. (a) The Los Angeles Unified School District's Inspector
General of the Office of the Inspector General is authorized to
conduct audits and investigations. The inspector general may subpoena
witnesses, administer oaths or affirmations, take testimony, and
compel the production of all information, documents, reports,
answers, records, accounts, papers, and other data and documentary
evidence deemed material and relevant and that reasonably relate to
the inquiry or investigation undertaken by the inspector general when
he or she has a reasonable suspicion that a law, regulation, rule,
or school district policy has been violated or is being
violated. For purposes of this section, "reasonable suspicion" means
that the circumstances known or apparent to the inspector general
include specific and articulable facts causing him or her to suspect
that a material violation of law, regulation, rule, or school
district policy has occurred or is occurring, and that the
facts would cause a reasonable officer in a like position to suspect
that a material violation of a law, regulation, rule, or school
district bulletin policy has
occurred or is occurring.
(b) Subpoenas shall be served in the manner provided by law for
service of summons. Any subpoena issued pursuant to this section may
be subject to challenge pursuant to Chapter 2 (commencing with
Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure.
(c) For purposes of this section, Sections 11184, 11185, 11186,
11187, 11188, 11189, 11190, and 11191 of the Government Code shall
apply to the subpoenaing of witnesses and documents, reports,
answers, records, accounts, papers, and other data and documentary
evidence as if the investigation was being conducted by a state
department head, except that the applicable court for resolving
motions to compel or motions to quash shall be the Superior Court for
the County of Los Angeles.
(d) Notwithstanding any other provision of the
law, any person who, after the administration of an oath or
affirmation pursuant to this section, states or affirms as true any
material matter that he or she knows to be false is guilty of a
misdemeanor punishable by imprisonment in a county jail not to exceed
six months or by a fine not to exceed five thousand dollars
($5,000), or by both that fine and imprisonment for the first
offense. Any subsequent violation shall be punishable by imprisonment
in a county jail not to exceed one year or by a fine not to exceed
ten thousand dollars ($10,000), or by both that fine and
imprisonment.
(e) The inspector general shall submit an interim report to the
Legislature by July 1, 2000, annual interim reports by July 1 of each
succeeding year, and a final cumulative report by December 1,
2014, 2024, on all of the following:
(1) The use and effectiveness of the subpoena power authorized by
this section in the successful completion of the inspector general's
duties.
(2) Any use of the subpoena power in which the issued subpoena was
quashed, including the basis for the court's order.
(3) Any referral to the local district attorney or the Attorney
General where the district attorney or Attorney General declined to
investigate the matter further or declined to prosecute.
(f) This article shall remain in effect only until January 1,
2015, 2025, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2015, 2025, deletes or
extends that date.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SEC. 3. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances concerning the Los Angeles
Unified School District.