BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                   AB 334|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 445-6614         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                    CONSENT


          Bill No:  AB 334
          Author:   Bonnie Lowenthal (D), et al.
          Amended:  3/7/11 in Assembly
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  10-0, 6/8/11
          AYES:  Lowenthal, Runner, Alquist, Blakeslee, Hancock, 
            Huff, Liu, Price, Simitian, Vargas
          NO VOTE RECORDED:  Vacancy

           ASSEMBLY FLOOR  :  74-0, 4/4/11 - See last page for vote


           SUBJECT  :    Community college board members:  absence from 
          the state

           SOURCE  :     Long Beach Community College District


           DIGEST  :    This bill (1) provides that existing provisions 
          of law regarding absences from the state for members of a 
          school district governing board,  are also applicable to 
          members of community college governing boards, and  (2) 
          permits school district and community college governing 
          boards to authorize an extended absence for a board member 
          in the case of illness or urgent necessity.  

           ANALYSIS  :    Existing law prohibits a member of a school 
          district governing board from being absent from the state 
          for more than 60 days except under the following 
          circumstances:

                                                           CONTINUED





                                                                AB 334
                                                                Page 
          2

          1. To conduct business of the school district with board 
             approval.

          2. With the consent of the governing board of the school 
             district for an additional period not to exceed a total 
             absence of 90 days. 

          3. 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.
           
          4. In the case of illness or other urgent necessity, the 
             time limited for an 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.  

          Existing law permits the governing body of a city council 
          or municipality to provide for an extended absence of a 
          board member in the case of illness or other urgent 
          necessity. 

          This bill:

          1. Provides that existing provisions of law regarding 
             absences from the state for members of a school district 
             governing board are also applicable to members of 
             community college governing boards. 

          2. Permits school district and community college governing 
             boards to authorize an extended absence for a board 
             member in the case of illness or urgent necessity.  

           Comments
           
           Need for the Bill  .  Due to the recent illness and 
          subsequent treatment of a Long Beach Community College 
          District (LBCCD) board member, the medical treatment 







                                                                AB 334
                                                                Page 
          3

          prescribed by the member's physician required an extended 
          stay at a treatment facility outside of California.  
          Existing law, however, limited the amount of time the LBCCD 
          board could approve for this absence to 120 days.  An 
          absence extending beyond 120 days, even an absence of 
          medical necessity, causes the member to forfeit his/her 
          seat.  No such time limitation or possibility of forfeiture 
          exists for members of state and municipal boards who 
          encounter health issues.

           Consistent application of local discretion seems 
          reasonable  .  This bill will create parity between 
          Government Code Sections 1062 and 1064 where they relate to 
          a case of illness while preserving the integrity of the 
          statutory separation between different types of elected 
          boards.  Specifically, this bill gives school district and 
          community college governing boards the same options and 
          authority as state and municipal boards to meet the health 
          and welfare needs of their elected board members.  Advances 
          in both medical care and telecommunication technology, can 
          allow for reasonable out-of-state absences (in the case of 
          medical treatment) at the discretion of the local governing 
          body.  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   
          Local:  No

           SUPPORT  :   (Verified  6/9/11)

          Long Beach Community College District (source)
          California School Boards Association
          Community College League of California


           ASSEMBLY FLOOR  :  74-0, 4/4/11
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, 
            Galgiani, Garrick, Gatto, Gordon, Grove, Hagman, 
            Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill, 
            Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, 
            Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, 







                                                                AB 334
                                                                Page 
          4

            Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, 
            Olsen, Pan, Perea, V. Manuel Pérez, Silva, Solorio, 
            Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, 
            Yamada, John A. Pérez
          NO VOTE RECORDED:  Chesbro, Gorell, Portantino, Skinner, 
            Smyth, Vacancy


          CPM:kc  6/9/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****