BILL NUMBER: AB 552	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 23, 2009
	AMENDED IN ASSEMBLY  JUNE 1, 2009

INTRODUCED BY   Assembly Member Furutani

                        FEBRUARY 25, 2009

    An act to add Chapter 9 (commencing with Section 85500)
to Part 50 of Division 7 of Title 3 of the Education Code, relating
to community colleges, and making an appropriation therefor.
  An act to amend Section 3003.5 of the Penal Code,
relating to sex offenders. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 552, as amended, Furutani.  California Community
Colleges: career technical and vocational education: financing.
  Sex offenders.  
   Existing law, as amended by Proposition 83, adopted by the voters
at the November 7, 2006, statewide general election, makes it
unlawful for any person who is required to register with law
enforcement pursuant to a specified provision of the Sex Offender
Registration Act to reside within 2,000 feet of any public or private
school, or park where children regularly gather.  
   This bill would provide that this residency limitation applies
regarding any public or private school including any or all of
kindergarten and grades 1 to 12, inclusive. This bill would provide
that the distance between the location where a registrant resides and
a school or park, as specified, shall be measured property line to
property line by the closest publicly accessible route. The
initiative statute provides that any amendment of these provisions by
the Legislature shall require a 2/3 vote of the membership of each
house unless the amendment expands the scope of its application or
increases the punishments or penalties in which case it may be
amended by a statute passed by majority vote of each house. Because
this bill would amend the initiative statute to limit the scope of
its application, it would require a 2/3 vote.  
   Existing law establishes the California Community Colleges, which
are administered by the Board of Governors of the California
Community Colleges, as a segment of public postsecondary education in
the state. Existing law requires the board to appoint a chief
executive officer, who is known as the Chancellor of the California
Community Colleges.  
   This bill would establish the Commission on Adequate Funding for
Career Technical and Vocational Education at the California Community
Colleges, which would be required to conduct a study and make
recommendations regarding financing alternatives for career technical
education, vocational education, and high-cost laboratory programs
at the California Community Colleges. The bill would require the
commission to submit a report of its findings and recommendations to
the Legislature and the Governor within 18 months after the Board of
Governors of the California Community Colleges certifies that
adequate private funds have been obtained for the commission to
complete its duties. The bill would provide for the collection of
private funds and the expenditure of those moneys for the support of
the commission, making a continuous appropriation of those funds.

   Vote:  majority   2/3  . Appropriation:
 yes   no  . Fiscal committee:  yes
  no  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 3003.5 of the   Penal
Code   is amended to read: 
   3003.5.  (a) Notwithstanding any other provision of law, when a
person is released on parole after having served a term of
imprisonment in state prison for any offense for which registration
is required pursuant to Section 290, that person may not, during the
period of parole, reside in any  single family  
single-family  dwelling with any other person also required to
register pursuant to Section 290, unless those persons are legally
related by blood, marriage, or adoption. For purposes of this
section,  "single family   "single-family 
dwelling" shall not include a residential facility which serves six
or fewer persons.
   (b) Notwithstanding any other provision of law, it is unlawful for
any person for whom registration is required pursuant to Section 290
to reside within 2000 feet of any public or private school  , as
specified in subdivision (g) of Section 3003  , or park where
children regularly gather.  For purposes of this section, 2,000
feet shall be measured property line to property line by the closest
publicly accessible route traveled. 
   (c) Nothing in this section shall prohibit municipal jurisdictions
from enacting local ordinances that further restrict the residency
of any person for whom registration is required pursuant to Section
290. 
  SECTION 1.    Chapter 9 (commencing with Section
85500) is added to Part 50 of Division 7 of Title 3 of the Education
Code, to read:
      CHAPTER 9.  FINANCING ALTERNATIVES FOR CAREER TECHNICAL AND
VOCATIONAL EDUCATION AT THE CALIFORNIA COMMUNITY COLLEGES



      Article 1.  General Provisions


   85500.  The Legislature finds and declares all of the following:
   (a) The California Community Colleges play a vital role in the
state's economy.
   (b) The existing financing structure for the California Community
Colleges creates a financial disincentive to develop or continue
existing career technical education, vocational education, and
high-cost laboratory programs.
   (c) The need for career technical education, vocational education,
and high-cost laboratory programs varies within region-specific
industries where there is a shortage in the workforce.
   (d) Establishing a commission composed of representatives from the
California Community Colleges, industry, and state government will
help to provide recommendations to the Legislature on financing
alternatives for career technical education, vocational education,
and high-cost laboratory programs at the California Community
Colleges.
   85502.  As used in this chapter, "commission" means the Commission
on Adequate Funding for Career Technical and Vocational Education at
the California Community Colleges established pursuant to Section
85510.

      Article 2.  The Commission on Adequate Funding for Career
Technical and Vocational Education at the California Community
Colleges


   85510.  (a) The Commission on Adequate Funding for Career
Technical and Vocational Education at the California Community
Colleges is hereby established.
   (b) (1) The commission shall be composed of nine voting members,
who shall be appointed as follows:
   (A) Three members appointed by the Governor, which shall include a
professor employed by the California Community Colleges, an
administrator employed by the California Community Colleges, and a
representative of a local workforce investment board.
   (B) Three members appointed by the Senate Committee on Rules,
which shall include a professor employed by the California Community
Colleges, an administrator employed by the California Community
Colleges, and a representative of a local workforce investment board.

   (C) Three members appointed by the Speaker of the Assembly, which
shall include a professor employed by the California Community
Colleges, an administrator employed by the California Community
Colleges, and a representative of a local workforce investment board.

   (2) The commission shall also include the following ex officio,
nonvoting members:
   (A) The Chair of the Senate Committee on Education or a member of
that committee appointed by the Senate Committee on Rules.
   (B) The Chair of the Assembly Committee on Higher Education or a
member of that committee appointed by the Speaker of the Assembly.
   (C) A representative of the Legislative Analyst's Office.
   (D) A representative of the Department of Finance.
   (E) A representative of the California Workforce Investment Board.

   (F) A representative of the Office of the Chancellor of the
California Community Colleges.
   (c) The commission shall elect a chair and a vice chair from among
the members specified in paragraph (1) of subdivision (b). The term
of office for the chair and vice chair shall be for the duration of
the commission.
   (d) The term of office for all members shall be for the duration
of the commission. A vacancy in the commission shall not affect its
powers and shall be filled in the same manner in which the original
appointment was made.
   (e) Five voting members of the commission shall constitute a
quorum at any meeting for transacting the business of the commission,
but a lesser number may conduct hearings.
   85513.  Members of the commission shall serve without
compensation. However, all members of the commission may be
reimbursed for travel, subsistence, and other necessary expenses
incurred in the performance of their duties, to the extent that funds
are available for these purposes, in accordance with Section 85515.
   85515.  State funds shall not be available to the commission
pursuant to this chapter, except that private donations collected
pursuant to Section 85530 may be expended to reimburse members for
expenses and for any other purpose of this chapter. The commission
shall not commence its duties pursuant to Section 85520 until the
Board of Governors of the California Community Colleges certifies
that adequate funds have been obtained pursuant to Section 85530 for
the commission to complete its duties pursuant to Section 85520.

      Article 3.  Powers and Duties of the Commission


   85520.  (a) The commission shall gather facts and conduct a study
regarding financing alternatives for career technical education,
vocational education, and high-cost laboratory programs at the
California Community Colleges, for the purpose of making
recommendations to the Governor and Legislature pursuant to
subdivision (b).
   (b) The commission shall make recommendations to the Governor and
the Legislature, including, but not limited to, its findings
regarding financing alternatives for career technical education,
vocational education, and high-cost laboratory programs at the
California Community Colleges, and any other recommendations that the
commission deems necessary to discharge its duties.
   (c) Within 18 months after the Board of Governors of the
California Community Colleges makes the certification described in
Section 85515, the commission shall submit to the Governor and the
Legislature a written report of its findings and recommendations
pursuant to subdivision (b).
   85523.  The commission shall hold public meetings and hearings in
any city that the commission deems necessary and proper.
   85525.  The commission may authorize any subcommittee or member of
the commission to hold hearings and may request the attendance and
testimony of any witnesses and the production of records,
correspondence, and documents that the commission, any subcommittee
of the commission, or any member of the commission deems necessary in
order to implement this chapter.

      Article 4.  Financial Provisions


   85530.  (a) Subject to Sections 11005 and 11005.1 of the
Government Code, the Board of Governors of the California Community
Colleges may solicit, and the Director of Finance may accept on
behalf of the commission, gifts, donations, and other financial
support from private entities, for the purposes of this chapter. The
Director of Finance, upon the Board of Governors of the California
Community Colleges making the certification described in Section
85515, shall transfer funds received pursuant to this section to the
commission, and these funds are continuously appropriated to the
commission for expenditure for purposes of this chapter.
   (b) Private entities may deposit gifts, donations, and other
financial support with the state for the purposes of this chapter.