BILL ANALYSIS Ó
AB 334
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ASSEMBLY THIRD READING
AB 334 (Bonnie Lowenthal and Furutani)
As Amended March 7, 2011
Majority vote
HIGHER EDUCATION 9-0
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|Ayes:|Block, Donnelly, | | |
| |Achadjian, Brownley, | | |
| |Fong, Galgiani, Lara, | | |
| |Miller, Portantino | | |
| | | | |
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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
AB 334
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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.
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.
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960
FN: 0000147
AB 334
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