BILL NUMBER: SB 1260 CHAPTERED
BILL TEXT
CHAPTER 295
FILED WITH SECRETARY OF STATE SEPTEMBER 1, 1999
APPROVED BY GOVERNOR AUGUST 31, 1999
PASSED THE SENATE AUGUST 24, 1999
PASSED THE ASSEMBLY AUGUST 23, 1999
AMENDED IN ASSEMBLY AUGUST 16, 1999
AMENDED IN SENATE JUNE 23, 1999
AMENDED IN SENATE JUNE 14, 1999
AMENDED IN SENATE MAY 19, 1999
INTRODUCED BY Senator Hayden
FEBRUARY 26, 1999
An act to add and repeal Article 16 (commencing with Section
35400) of Chapter 2 of Part 21 of the Education Code, relating to the
Los Angeles Unified School District, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1260, Hayden. Los Angeles Unified School District.
(1) Existing law authorizes the governing board of a school
district to subpoena witnesses to appear before it in certain
circumstances, including circumstances relating to the expulsion of
pupils and to ascertain damage due to an emergency. Existing law
provides that a person who testifies falsely under oath is guilty of
perjury.
This bill would authorize the Los Angeles Unified School District'
s Director of the Internal Audit and Special Investigations Unit to,
until January 1, 2001, 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
to any inquiry or investigation undertaken by the director in the
performance of his or her duties. The bill would require, if the
director determines that there is reasonable cause to believe that an
employee or outside agency has engaged in any illegal activity, to
report the nature and details of that activity on a timely basis to
the local district attorney or the Attorney General. By expanding
the class of people subject to the crime of perjury, this bill would
impose a state-mandated local program. The bill would require the
director to submit an interim report to the Legislature by July 1,
2000, and a final report by December 1, 2000, as to the use and
effectiveness of the subpoena power in the successful completion of
his or her duty. The bill would declare that, due to the unique
circumstances applicable to the Internal Audit and Special
Investigations Unit, a statute of general applicability cannot be
enacted within the meaning of subdivision (b) of Section 16 of
Article IV of the California Constitution.
The bill would declare that it would take effect immediately as an
urgency statute.
(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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 16 (commencing with Section 35400) is added to
Chapter 2 of Part 21 of the Education Code, to read:
Article 16. Los Angeles Unified School District
35400. (a) The Los Angeles Unified School District's Director of
the Internal Audit and Special Investigations Unit is authorized to
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 to any inquiry or investigation
undertaken by the director in the performance of his or her duties.
(b) Subpoenas shall be served in the manner provided by law for
service of summons.
(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 which 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 director shall submit an interim report to the Legislature
by July 1, 2000, and a final report by December 1, 2000, regarding
the use and effectiveness of the subpoena power authorized by this
section in the successful completion of his or her duties.
(f) This article shall remain in effect only until January 1,
2001, and as of that date is repealed, unless a later enacted
statute, that becomes effective on or before January 1, 2001, deletes
or extends that date.
35401. (a) If the Director of the Internal Audit and Special
Investigations Unit determines that there is reasonable cause to
believe that an employee or outside agency has engaged in any illegal
activity, he or she shall report the nature and details of the
activity on a timely basis to the local district attorney or the
Attorney General.
(b) The Director of the Internal Audit and Special Investigations
Unit shall not have any enforcement power.
(c) Every investigation shall be kept confidential, except that
the director may issue any report of an investigation that has been
substantiated, keeping confidential the identity of the individual or
individuals involved, or release any findings resulting from an
investigation conducted pursuant to this article that is deemed
necessary to serve the interests of the district.
(d) This section shall not limit any authority conferred upon the
Attorney General or any other department or agency of government to
investigate any matter.
SEC. 2. The Legislature finds and declares that, due to the unique
circumstances applicable to the Director of the Internal Audit and
Special Investigations Unit within the Los Angeles Unified School
District, a statute of general applicability cannot be enacted within
the meaning of subdivision (b) of Section 16 of Article IV of the
California Constitution.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order for the Director of the Internal Audit and Special
Investigations Unit within the Los Angeles Unified School District to
perform its functions expeditiously, it is necessary that this act
take effect immediately.