BILL ANALYSIS Ó AB 334 Page 1 Date of Hearing: March 29, 2011 ASSEMBLY COMMITTEE ON HIGHER EDUCATION Marty Block, Chair AB 334 (Lowenthal) - As Amended: March 7, 2011 SUBJECT : Community college board members: absence from the state. SUMMARY : Would clarify that existing law provisions regarding absences from the state for members of a school board are also applicable to members of California Community College (CCC) governing boards and would allow a school board or a CCC governing board to authorize an extended absence for a board member in the case of illness or urgent necessity, similar to the allowances currently provided for state and municipal officers. EXISTING LAW: 1)Provides that members of the governing board of a school district shall not be absent from the state for more than 60 days, except in the following situations: a) Upon business of the school district with approval of the board. b) With the consent of the governing board of the school district for an additional period not to exceed a total absence of 90 days. c) For military deployment, not to exceed an absence of six months. The governing board may approve an additional six-month absence upon a showing that there is reasonable expectation that the member will return within the second six-month period. Provides that the governing board may appoint an interim member under specified circumstances and provides that the term of that interim member may not extend beyond the return of the absent member or beyond the next regularly scheduled election for the office. d) In the case of illness or other urgent necessity, the time limited for absence from the state may be extended by the governing board for an additional 30 day period, for a maximum total absence of 90 days. AB 334 Page 2 2)Provides that state and municipal officers, with certain exceptions, shall not be absent from the state for more than 60 days unless (a) upon the business of the state or municipality, or (b) with the consent of the Legislature or the governing body of the municipality. Provides that in the case of illness or other urgent necessity, and upon proper showing, an absence can be extended indefinitely by (a) the Governor in the case of state officers, and (b) the city council or other governing body of the municipality in the case of municipal officers. FISCAL EFFECT : Unknown. This bill has been keyed non-fiscal by Legislative Counsel. COMMENTS : According to the author, this bill provides parity between school districts/CCC governing boards and state/municipal officers, to extend the time allowable for the absence of a member from the state when the absence is related to illness. The author notes that this bill was introduced in response to a situation where a board member of the Long Beach Community College District (LBCCD) was undergoing long-term medical treatment out of state. LBCCD's governing board only has the statutory authority to extend this absence for 120 days. Under the existing law provisions, if absent from the state for beyond 120 days, this board member would potentially forfeit the elected office. This bill is necessary to ensure that any school board or CCC district has the authority to approve extended absences in the case of illness or urgent necessity, similar to the options already provided for state and municipal officers. REGISTERED SUPPORT / OPPOSITION : Support Long Beach Community College District (Sponsor) Community College League of California Opposition None on File Analysis Prepared by : Laura Metune / HIGHER ED. / (916) 319-3960 AB 334 Page 3