BILL NUMBER: AB 1999 CHAPTERED 09/09/04 CHAPTER 417 FILED WITH SECRETARY OF STATE SEPTEMBER 9, 2004 APPROVED BY GOVERNOR SEPTEMBER 9, 2004 PASSED THE ASSEMBLY AUGUST 16, 2004 PASSED THE SENATE AUGUST 10, 2004 AMENDED IN SENATE JULY 26, 2004 AMENDED IN SENATE JULY 7, 2004 AMENDED IN ASSEMBLY MARCH 23, 2004 INTRODUCED BY Committee on Higher Education (Liu (Chair), Pacheco (Vice Chair), Jackson, Lowenthal, Matthews, and Negrete McLeod) FEBRUARY 13, 2004 An act to amend Section 66602 of, and to repeal Sections 90450 and 90500 of, the Education Code, and to amend Section 10760 of the Public Contract Code, relating to the California State University. LEGISLATIVE COUNSEL'S DIGEST AB 1999, Committee on Higher Education. California State University. (1) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University. Existing law provides for the membership of the Trustees of the California State University to include 5 specified ex officio members, 16 appointive members appointed by the Governor and subject to confirmation by the Senate, one representative of the alumni associations, 2 student members appointed by the Governor, and a faculty member appointed by the Governor. This bill would make various technical, nonsubstantive changes in a provision relating to the membership of the trustees. The bill would also include provisions incorporating changes in this provision proposed by AB 2849 and this bill. This provision would become operative only if both bills are enacted and become effective on or before January 1, 2005, each of the bills amends this provision, and this bill is enacted after AB 2849. (2) Existing law establishes the California State University and its various campuses under the administration of the Trustees of the California State University. Existing law authorizes the trustees to dispose of 6 historic houses in Chico and the land on which these houses are located in accordance with specified conditions. This bill would repeal this provision. (3) Existing law provides that any printing and binding required by the trustees are performed by the Department of General Services in the form and manner, and at the prices, of other state printing, except that the binding of library volumes required by the trustees may be performed by binders selected on the basis of competitive bidding when the trustees determine that greater efficiency, quality, or economy will result. This bill would repeal this provision. (4) An existing provision of the California State University Contract Law requires the trustees to obtain specified financial information from prospective bidders for contracts estimated to exceed $400,000. This bill would instead provide that the trustees would be required to obtain this specified financial information with respect to prospective bidders for contracts estimated to exceed the value of a minor capital outlay project for which, pursuant to a prescribed provision of the State Contract Act, the services of the Department of General Services are not required and a state agency or department is authorized to carry out its own project. Under the prescribed provision, that amount is currently set at $400,000. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 66602 of the Education Code is amended to read: 66602. (a) The board shall be composed of the following five ex officio members: the Governor, the Lieutenant Governor, the Superintendent of Public Instruction, the Speaker of the Assembly, and the person named by the trustees to serve as the Chancellor of the California State University; a representative of the alumni associations of the state university, selected for a two-year term by the alumni council, California State University, which representative shall not be an employee of the California State University during the two-year term; and 16 appointive members appointed by the Governor and subject to confirmation by two-thirds of the membership of the Senate. (b) (1) Two students from the California State University, who shall have at least a junior year standing at the institutions they attend, and who remain in good standing as students during their respective terms, shall also be appointed by the Governor for two-year terms. (2) In the selection of students as members of the board, the Governor shall appoint the students from lists of names of at least two, but not more than five, persons furnished by the governing board of any statewide student organization that represents the students of the California State University and the student body organizations of the campuses of the California State University. Any appointment to fill a vacancy of a student member shall be effective only for the remainder of the term of the person's office that became vacated. (3) The term of office of one student member of the board shall commence on July 1 of an even-numbered year and expire on June 30 two years thereafter. The term of office of the other student member of the board shall commence on July 1 of an odd-numbered year and expire on June 30 two years thereafter. Notwithstanding paragraph (1), a student member who graduates from his or her college or university on or after January 1 of the second year of his or her term of office may serve the remainder of the term. (4) During the first year of a student member's term, a student member shall be a member of the board and may attend all meetings of the board and its committees. At these meetings, a student member may fully participate in discussion and debate, but may not vote. During the second year of a student member's term, a student member may exercise the same right to attend meetings of the board, and its committees, and shall have the same right to vote as the members appointed pursuant to subdivision (a). (5) Notwithstanding paragraph (4), if a student member resigns from office or a vacancy is otherwise created in that office during the second year of a student member's term, the remaining student member shall immediately assume the office created by the vacancy and all of the participation privileges of the second-year student member, including the right to vote, for the remainder of that term of office. (c) (1) A faculty member from the California State University, who shall be tenured at the California State University campus at which he or she teaches, shall also be appointed by the Governor for a two-year term. In the selection of a faculty member as a member of the board, the Governor shall appoint the faculty member from a list of names of at least two persons furnished by the Academic Senate of the California State University. (2) The faculty member of the board appointed by the Governor pursuant to this subdivision shall not participate on any subcommittee of the board responsible for collective bargaining negotiations. (3) The term of office of the faculty member of the board shall commence on July 1, and shall expire on June 30 two years thereafter. SEC. 1.5. Section 66602 of the Education Code is amended to read: 66602. (a) The board shall be composed of the following five ex officio members: the Governor, the Lieutenant Governor, the Superintendent of Public Instruction, the Speaker of the Assembly, and the person named by the trustees to serve as the Chancellor of the California State University; a representative of the alumni associations of the state university, selected for a two-year term by the alumni council, California State University, which representative shall not be an employee of the California State University during the two-year term; and 16 appointive members appointed by the Governor and subject to confirmation by two-thirds of the membership of the Senate. (b) (1) Two students from the California State University, who shall have at least a junior year standing at the institutions they attend, and who remain in good standing as students during their respective terms, shall also be appointed by the Governor for two-year terms. (2) In the selection of students as members of the board, the Governor shall appoint the students from lists of names of at least two, but not more than five, persons furnished by the governing board of any statewide student organization that represents the students of the California State University and the student body organizations of the campuses of the California State University. Any appointment to fill a vacancy of a student member shall be effective only for the remainder of the term of the person's office that became vacated. (3) The term of office of one student member of the board shall commence on July 1 of an even-numbered year and expire on June 30 two years thereafter. The term of office of the other student member of the board shall commence on July 1 of an odd-numbered year and expire on June 30 two years thereafter. Notwithstanding paragraph (1), a student member who graduates from his or her college or university on or after January 1 of the second year of his or her term of office may serve the remainder of the term. (4) During the first year of a student member's term, a student member shall be a member of the board and may attend all meetings of the board and its committees. At these meetings, a student member may fully participate in discussion and debate, but may not vote. During the second year of a student member's term, a student member may exercise the same right to attend meetings of the board, and its committees, and shall have the same right to vote as the members appointed pursuant to subdivision (a). (5) Notwithstanding paragraph (4), if a student member resigns from office or a vacancy is otherwise created in that office during the second year of a student member's term, the remaining student member shall immediately assume the office created by the vacancy and all of the participation privileges of the second-year student member, including the right to vote, for the remainder of that term of office. (c) (1) A faculty member from the California State University who shall be tenured at the California State University campus at which he or she teaches, shall also be appointed by the Governor for a two-year term. In the selection of a faculty member as a member of the board, the Governor shall appoint the faculty member from a list of names of at least two persons furnished by the Academic Senate of the California State University. (2) The faculty member of the board appointed by the Governor pursuant to this subdivision shall not participate on any subcommittee of the board responsible for collective bargaining negotiations. (3) The term of office of the faculty member of the board shall commence on July 1, and shall expire on June 30 two years thereafter. (d) (1) A nonfaculty employee of the California State University covered by the Higher Education Employer-Employee Relations Act (Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code) shall also be appointed by the Governor for a two-year term. (2) The nonfaculty employee member of the board appointed by the Governor pursuant to this subdivision shall not participate on any subcommittee of the board responsible for collective bargaining negotiations. (3) The term of office of the nonfaculty employee member of the board appointed pursuant to this subdivision shall commence on July 1, and shall expire on June 30 two years thereafter. SEC. 2. Section 90450 of the Education Code is repealed. SEC. 3. Section 90500 of the Education Code is repealed. SEC. 4. Section 10760 of the Public Contract Code is amended to read: 10760. The trustees may require, and on contracts the estimated cost of which exceeds the value of a minor capital outlay project for which, pursuant to the first paragraph of Section 10108, the services of the Department of General Services are not required and a state agency or department is authorized to carry out its own project, the trustees shall require, from prospective bidders, answers to questions contained in a standard form of questionnaire and financial statement including a complete statement of the prospective bidder's financial ability and experience in performing public works projects. When completed, the questionnaire and financial statement shall be verified under oath by the bidder in the manner in which pleadings in civil actions are verified. SEC. 5. Section 1.5 of this bill incorporates amendments to Section 66602 of the Education Code proposed by both this bill and AB 2849. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2005, (2) each bill amends Section 66602 of the Education Code, and (3) this bill is enacted after AB 2849, in which case Section 1 of this bill shall not become operative.