BILL NUMBER: AB 2109	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ruskin

                        FEBRUARY 18, 2010

   An act to amend Section 71090.5 of, and to add Section 70900.7 to,
the Education Code, and to amend Section 11000 of the Government
Code, relating to the California Community Colleges.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2109, as introduced, Ruskin. California Community Colleges.
   (1) Existing law establishes the California Community Colleges,
under the administration of the Board of Governors of the California
Community Colleges, as one of the segments of public postsecondary
education in this state. Existing law requires the board of governors
to appoint a chief executive officer, known as the Chancellor of the
California Community Colleges, and requires the chancellor to
execute the duties and responsibilities delegated to him or her by
the board of governors.
   Existing law requires the Governor to appoint up to 6 deputy and
vice chancellors of the community colleges recommended by the board
of governors and exempts those deputy and vice chancellors from state
civil service.
   This bill would increase the number of deputy and vice chancellors
that the Governor is required to appoint up to 8 deputy and vice
chancellors recommended by the board of governors.
   The bill would also express the intent of the Legislature that,
before legislation that, by its terms, applies to the state or its
agencies, departments, or boards, may apply to the California
Community Colleges, that legislation should be compatible with the
mission and functions of the California Community Colleges. The bill
would express legislative intent that the California Community
Colleges not be governed by any statute enacted after January 1,
2011, that does not amend a previously applicable act and that
applies generally to the state or to state agencies, departments, or
boards, unless the statute expressly provides that the California
Community Colleges are to be governed by that statute.
   (2) Existing law defines "state agency," for the purposes of
numerous statutes in the Government Code, to include every state
office, officer, department, division, bureau, board, and commission,
except that, for these purposes, "state agency" does not include the
California State University, with respect to specified statutes that
are added or amended effective on or after January 1, 1997, unless a
statute explicitly provides that it applies to the university.
   This bill would amend that definition to specify that "state
agency" for these purposes also does not include the California
Community Colleges, with respect to specified statutes that are added
or amended effective on or after January 1, 2011, unless a statute
explicitly provides that it applies to the California Community
Colleges.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) California Community College students are served by 112
colleges, 72 community college districts, and a state agency system
office that is led by the Chancellor of the California Community
Colleges on behalf of the 17-member Board of Governors of the
California Community Colleges.
   (b) The responsibilities of the Office of the Chancellor of the
California Community Colleges have grown in scope and complexity in
the past decade, while staffing has been reduced from 250 to 161
state employees.
   (c) The chancellor's office is responsible for the annual
distribution of Proposition 98 community college apportionments,
fiscal and program oversight, facilities planning, overseeing the
development and coordination of information technology, systemwide
budget and legislative advocacy, and policy and leadership guidance.
   (d) The Chancellor of the California Community Colleges plays a
pivotal role in leading the system in working through this
challenging time, while continuing to find new and innovative
approaches to providing community college access and success. Success
in this endeavor will greatly enhance the state's ability to retool
the workforce and reinvigorate the state's economy.
   (e) The existing governance structure of the California Community
Colleges prevents the chancellor's office from providing effective
direction, leadership, and oversight to the community college
districts. As a state agency, the chancellor's office is unable to
respond with the speed, authority, and efficiency required to meet
the needs of students. To function more effectively the Office of the
Chancellor of the California Community Colleges should have greater
flexibility with respect to requirements imposed by the state, at a
level that is similar to the flexibility of the administrative
offices of the University of California and California State
University.
  SEC. 2.  Section 70900.7 is added to the Education Code, to read:
   70900.7.  Recognizing the unique mission and functions of the
California Community Colleges among the departments, agencies, and
boards of the state, it is the intent of the Legislature that both of
the following occur:
   (a) Before legislation that, by its terms, applies to the state or
its agencies, departments, or boards, may apply to the California
Community Colleges, the legislation should be compatible with the
mission and functions of the California Community Colleges.
   (b) The California Community Colleges not be governed by any
statute enacted after January 1, 2011, that does not amend a
previously applicable act and that applies generally to the state or
to state agencies, departments, or boards, unless the statute
expressly provides that the California Community Colleges are to be
governed by that statute.
  SEC. 3.  Section 71090.5 of the Education Code is amended to read:
   71090.5.  In addition to the position authorized by subdivision
(e) of Section 4 of Article VII of the California Constitution, the
Governor, with the recommendation of the board of governors, shall
appoint up to  six   eight  deputy and vice
chancellors, who shall be exempt from state civil service. The
appointments shall not exceed an aggregate total of  six
  eight  , for  both  the
positions of  both  deputy and vice chancellor.
  SEC. 4.  Section 11000 of the Government Code is amended to read:
   11000.  (a)  (1)    As used in this title,
"state agency" includes every state office, officer, department,
division, bureau, board, and commission.  As 
    (2)     As  used in any section of
this title that is added or amended effective on or after January 1,
1997, "state agency" does not include the California State University
unless the section explicitly provides that it applies to the
university. 
   (3) As used in any section of this title that is added or amended
effective on or after January 1, 2011, "state agency" does not
include the California Community Colleges unless the section
explicitly provides that it applies to the community colleges. 
   (b) References to particular state agencies in this title, without
further identification, such as to the "Treasurer" or "Department of
General Services," are references to the state officer or agency
known by that name.