California 2023-2024 Regular Session Status: Passed Senate

SB 827 — San Francisco Bay Area Rapid Transit District: Office of the BART Inspector General.

Last action — Ordered to inactive file on request of Assembly Member Aguiar-Curry.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law establishes the San Francisco Bay Area Rapid Transit District (BART) , governed by a board of directors, with specified powers and duties relative to the construction and operation of a rapid transit system. Existing law also establishes the independent Office of the BART Inspector General within BART and specifies the duties and responsibilities of the BART Inspector General including, among others, conducting, supervising, and coordinating audits and investigations relating to the district's programs and operations. Existing law provides that any investigatory file compiled by the BART Inspector General is an investigatory file compiled by a local law enforcement agency subject to disclosure pursuant to provisions of the California Public Records Act applicable to law enforcement records. This bill would provide that the BART Inspector General is vested with the full authority to exercise all responsibility for maintaining a full scope, independent, and objective audit and investigation program. The bill would provide the office with access and authority to examine all records, files, documents, accounts, reports, correspondence, or other property of the district and external entities that perform work for the district. The bill would provide that all books, papers, records, and correspondence of the office are public records subject to the California Public Records Act, but would prohibit the office from releasing certain types of records to the public, except under certain circumstances. Before conducting any investigatory interview with an employee represented by an employee organization, the bill would require the office to notify the employee of certain rights including the right to be represented at the interview by a representative of the employee organization and would require the office to obtain a written waiver of that right of representation from the employee if the interview is conducted without a representative of the employee organization. The bill would authorize the office to issue subpoenas for the attendance of subjects and witnesses and the production of records, files, documents, accounts, reports, correspondence, or other property, or for the making of oral or written sworn statements, in any interview conducted as part of an audit, investigation, or review relating to improper activities by a person or entity other than an employee of the district, as specified. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

Bill Text

Action History

  1. Ordered to inactive file on request of Assembly Member Aguiar-Curry.

  2. Read second time. Ordered to third reading.

  3. Read second time and amended. Ordered to second reading.

  4. From committee: Do pass as amended. (Ayes 11. Noes 0.) (July 2).

  5. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  6. From committee: Do pass and re-refer to Com. on JUD. (Ayes 15. Noes 0.) (June 17). Re-referred to Com. on JUD.

  7. Referred to Coms. on TRANS. and JUD.

  8. In Assembly. Read first time. Held at Desk.

  9. Read third time. Passed. (Ayes 39. Noes 0. Page 3055.) Ordered to the Assembly.

  10. Read second time. Ordered to third reading.

  11. Ordered to second reading.

  12. Withdrawn from committee.

  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0. Page 2980.) (January 11). Re-referred to Com. on APPR.

  15. From committee: Do pass and re-refer to Com. on JUD. (Ayes 15. Noes 0. Page 2971.) (January 9). Re-referred to Com. on JUD.

  16. Set for hearing January 11 in JUD. pending receipt.

  17. Set for hearing January 9.

  18. April 11 set for first hearing. Failed passage in committee. (Ayes 7. Noes 1. Page 689.) Reconsideration granted.

  19. Set for hearing April 11.

  20. Referred to Coms. on TRANS. and JUD.

  21. From printer. May be acted upon on or after March 20.

  22. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Glazer · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Glazer

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass as amended.

Passed 11 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 8000
Republican 2001
Unaffiliated 1000
Total 11001
% of votes cast 92%0%0%8%
How each member voted (12)
Member Party Vote
Maienschein — Yea
Bauer-Kahan, Rebecca Democratic Yea
Bryan, Isaac G. Democratic Yea
Connolly, Damon Democratic Yea
Haney, Matt Democratic Yea
Kalra, Ash Democratic Yea
McKinnor, Tina Democratic Yea
Pacheco, Blanca Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Dixon, Diane Republican Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Not Voting

Official roll call →

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 10000
Unaffiliated 1000
Republican 4000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Ting — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Berman, Marc Democratic Yea
Carrillo, Juan Democratic Yea
Hart, Gregg Democratic Yea
Jackson, Corey A. Democratic Yea
Lowenthal, Josh Democratic Yea
Papan, Diane Democratic Yea
Ward, Christopher M. Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Davies, Laurie Republican Yea
Hoover, Josh Republican Yea
Sanchez, Kate Republican Yea
Wallis, Greg Republican Yea

Official roll call →

3rd Reading

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 21001
Republican 7000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Not Voting
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 2000
Democratic 7001
Republican 1000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Min — Yea
Wilk — Yea
Allen, Benjamin Democratic Yea
Ashby, Angelique V. Democratic Yea
Caballero, Anna M. Democratic Yea
Gonzalez, Lena A. Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Niello, Roger W. Republican Yea

Official roll call →

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 10000
Republican 3000
Unaffiliated 2000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Dodd — Yea
Newman — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Cortese, Dave Democratic Yea
Gonzalez, Lena A. Democratic Yea
Limón, Monique Democratic Yea
Nguyen, Stephanie Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Dahle, Megan Republican Yea
Niello, Roger W. Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 827 do?
Existing law establishes the San Francisco Bay Area Rapid Transit District (BART) , governed by a board of directors, with specified powers and duties relative to the construction and operation of a rapid transit system. Existing law also establishes the independent Office of the BART Inspector General within BART and specifies the duties and responsibilities of the BART Inspector General including, among others, conducting, supervising, and coordinating audits and investigations relating to the district's programs and operations. Existing law provides that any investigatory file compiled by the BART Inspector General is an investigatory file compiled by a local law enforcement agency subject to disclosure pursuant to provisions of the California Public Records Act applicable to law enforcement records. This bill would provide that the BART Inspector General is vested with the full authority to exercise all responsibility for maintaining a full scope, independent, and objective audit and investigation program. The bill would provide the office with access and authority to examine all records, files, documents, accounts, reports, correspondence, or other property of the district and external entities that perform work for the district. The bill would provide that all books, papers, records, and correspondence of the office are public records subject to the California Public Records Act, but would prohibit the office from releasing certain types of records to the public, except under certain circumstances. Before conducting any investigatory interview with an employee represented by an employee organization, the bill would require the office to notify the employee of certain rights including the right to be represented at the interview by a representative of the employee organization and would require the office to obtain a written waiver of that right of representation from the employee if the interview is conducted without a representative of the employee organization. The bill would authorize the office to issue subpoenas for the attendance of subjects and witnesses and the production of records, files, documents, accounts, reports, correspondence, or other property, or for the making of oral or written sworn statements, in any interview conducted as part of an audit, investigation, or review relating to improper activities by a person or entity other than an employee of the district, as specified. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Who sponsors SB 827?
SB 827 is sponsored by Glazer.
What is the current status of SB 827?
This bill died with 2023-2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 827?
Track SB 827 free on One Click Politics — get push/email alerts when it moves.

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