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ASSEMBLY BILL 387 (MILLER – 1997)

CHAPTER 577, STATUTES OF 1997, AB 387

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Government Code sections 18672, 18673, 18676, 18677, 19575, and 19683 were amended and Government Code section 18672.1 was enacted with the passage of Assembly Bill 387 of 1997.  (See Exhibit #1j)  Assembly member Gary Miller introduced this measure, relating to State Personnel Board on February 20, 1997 on behalf of the State Personnel Board.  (See Exhibits #1a; #6, document AP2-2; and #13, page 1)

Assembly Bill 387 was assigned to both the Assembly Committees on Governmental Organization and the Committee on Public Employees, Retirement and Social Security as well as the Senate Committees on Public Employment and Retirement and the Committee on Judiciary where policy issues raised by the bill were considered.  (See Exhibits #3, #5, #10 and #12)  The fiscal ramifications of the bill were considered by both the Assembly and Senate Committees on Appropriations.  (See Exhibits #7 and #2)  Eight amendments were made to Assembly Bill 387 during the legislative process.  (See Exhibits #1b through #1i and #2)  Subsequent to legislative approval, Governor Pete Wilson signed the bill on September 29, 1997 and it was recorded by the Secretary of State on September 30th as Chapter 577 of the Statutes of 1997.  (See Exhibits #1j and #2)

The 1997 Digest of Legislation by the Office of Senate Floor Analyses summarized Assembly Bill 387 as follows:

Provides that a witness must be granted either use immunity and derivative use immunity, or transactional immunity from criminal prosecution before his or her testimony can be compelled within a State Personnel Board hearing.  Allows the subpoena of witnesses who live more than 100 miles away from the hearing location, provided that materiality is shown.  Provides for a motion to quash procedure to allow parties to object to a subpoena on the grounds that it is unreasonable or oppressive.
(See Exhibit #16, page 485)