BILL NUMBER: AB 3044	CHAPTERED  09/05/02

	CHAPTER  376
	FILED WITH SECRETARY OF STATE  SEPTEMBER 5, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 4, 2002
	PASSED THE ASSEMBLY  AUGUST 15, 2002
	PASSED THE SENATE  AUGUST 12, 2002
	AMENDED IN SENATE  AUGUST 5, 2002
	AMENDED IN SENATE  MAY 20, 2002
	AMENDED IN ASSEMBLY  APRIL 29, 2002

INTRODUCED BY   Committee on Higher Education (Alquist (Chair), Bogh
(Vice Chair), Havice, Jackson, Liu, Matthews, Negrete McLeod, Robert
Pacheco, and Wyman)

                        MARCH 13, 2002

   An act to add Section 92440.5 to the Education Code, relating to
the University of California.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 3044, Committee on Higher Education.  University of California:
  rules and regulations:  misdemeanor.
   Existing law establishes the University of California as a public
trust administered by the Regents of the University of California.
Existing law authorizes the regents to adopt rules and regulations in
order to exercise the regents' powers and duties.
   This bill would provide that, to the extent the regents adopt or
amend rules and regulations pertaining to the governance and
maintenance of the buildings and grounds of the University of
California, addressing the conduct of persons who are not students,
officers, or employees of the University of California when that
conduct is a threat to persons or property or constitutes
interference with functions or activities of the university,
violations of those rules or regulations would be misdemeanors.
Because this bill would authorize the creation of new crimes, this
bill would impose a state-mandated local program.
   The bill would provide that its provisions may not be utilized to
impinge upon the lawful exercise of constitutionally protected rights
of freedom of speech or assembly, or the constitutionally protected
right of personal privacy.
  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.  Section 92440.5 is added to the Education Code, to
read:
   92440.5.  (a) Notwithstanding any other provision of law, to the
extent that the regents adopt or amend a rule or regulation
pertaining to the governance and maintenance of the buildings and
grounds of the University of California pursuant to this section,
addressing the conduct of persons who are not students, officers, or
employees of the University of California when that conduct is a
threat to persons or property or constitutes interference with
functions or activities of the university, the violation of that rule
or regulation is a misdemeanor.
   (b) (1) A proposed rule or regulation subject to this section
shall be reviewed by the regents' office of general counsel for
necessity, authority, clarity, consistency, reference, and
nonduplication.  The office of general counsel may recommend to the
regents any action it deems appropriate concerning the proposed rule
or regulation.
   (2) For purposes of paragraph (1), "necessity," "authority,"
"clarity," "consistency," "reference," and "nonduplication" have the
same meaning as those words are defined by Section 11349 of the
Government Code.
   (c) Notice of the proposed rule or regulation described in this
section shall be available to the public in electronic format and
shall be published at least 45 days prior to a public hearing in a
newspaper of general circulation in each county in which the regents
maintain a campus.  The notice shall include the right of the public
to comment orally or in writing on the proposed rule or regulation
either prior to or during the public hearing.
   (d) The public shall be provided the opportunity to comment on the
proposed rule or regulation at that public hearing.
   (e) The regents shall maintain a rulemaking file containing the
public notice, public comments, and minutes of the public hearing,
including the action taken.
   (f) The rulemaking file maintained pursuant to subdivision (e)
shall contain a summary of each objection or recommendation made with
an explanation of how the proposed rule or regulation was changed to
accommodate each objection or recommendation, or the reason or
reasons for making no change.
   (g) The proposed rule or regulation shall be accompanied by an
estimate of the effect of the proposed rule or regulation with regard
to the costs or savings to the regents, other state or local agency,
or any combination.
   (h) The regents shall transmit the rule or regulation, as adopted,
to the Secretary of State for filing, and, upon publication in the
California Code of Regulations, a violation of the rule or regulation
is a misdemeanor.
   (i) This section may not be utilized to impinge upon the lawful
exercise of constitutionally protected rights of freedom of speech or
assembly, or the constitutionally protected right of personal
privacy.
  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.