BILL NUMBER: AB 1825 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 11, 2014
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 amended, 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 the
operation of those provisions until January 1, 2025. The bill
would also require the final cumulative
report to be submitted by the inspector general to
the Legislature to submit to the Legislature an
annual interim report by July 1 of each year, and to submit a final
cumulative report 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 policy has
occurred or is occurring.
(b) Subpoenas shall be served in the manner provided by law for
service of summons. Any A 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 law, any a
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) (1) The inspector general shall submit
an interim report to the Legislature by
July 1, 2000, an annual interim reports
report by July 1 of each succeeding
year, year, and a final cumulative report by
December 1, 2024, on all of the following:
(1)
(A) The use and effectiveness of the subpoena power
authorized by this section in the successful completion of the
inspector general's duties.
(2)
(B) Any use of the subpoena power in which the issued
subpoena was quashed, including the basis for the court's order.
(3)
(C) 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.
(2) A report to be submitted to the Legislature pursuant to
paragraph (1) shall be submitted in compliance with Section 9795 of
the Government Code.
(f) This article shall remain in effect only until January 1,
2025, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 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.