BILL NUMBER: AB 680	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2011

INTRODUCED BY   Assembly Member Block

                        FEBRUARY 17, 2011

    An act to amend Section 72035 of the Education Code,
relating to community college.   An act to add Section
72036 to the Education Code, relating to community colleges. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 680, as amended, Block. Community college districts: 
San Diego County.   Grossmont-Cuyamaca Community College
District.  
   Existing law establishes the California Community Colleges, which
are administered by the Board of Governors of the California
Community Colleges. The board of governors provides general
supervision over each community college district and performs
specified functions. Each community college district is under the
control of a board of trustees.  
   Existing law provides various procedures for the nomination and
election of the governing boards of community college districts.
Existing law specifies the number of members on the board, residency
requirements, length of terms, and the drawing of trustee boundaries.
 
   This bill would establish a procedure for the election of members,
and the reapportionment of trustee areas of the governing board of
the Grossmont-Cuyamaca Community College District.  
   The bill would provide that candidates for election to the board
be nominated by trustee area, as defined, at a primary election held
on the date of the statewide direct primary election. The 2
candidates receiving the highest number of votes would be the
nominees for the general election for that trustee area. The
candidate receiving a majority of the votes cast in the general
election would be elected to represent that district, and would hold
office for a 4-year term, as specified. Members of the board holding
office on the effective date of this act would continue to hold
office, as specified.  
   The bill would provide that the governing board be composed of 5
to 9 members, as determined by the board. The board would be required
to establish, abolish, or adjust trustee areas and terms of office,
as specified.  
   This bill would require the board to set the boundaries of each
trustee area before March 1, 2012, to reflect the 2010 decennial
census. If the board fails to so set the boundaries, the county
committee on school district organization would be required to set
them before April 30, 2012. The boundaries would be set so that the
population of each area is in proportion to the other districts.
Thereafter the boundaries may be adjusted, abolished, or rearranged
as specified.  
   By imposing the above requirements on the Grossmont-Cuyamaca
Community College District, the bill would impose a state-mandated
local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   Existing law provides that electors of any community college
district embraced within the corporate limits of a city governed by
charter shall be deemed to have submitted to be governed by the
provisions of the charter in all matters relating to the management
of public schools within the community if the electors have
participated in, and voted at, any school election held under the
provisions of the charter. Existing law also establishes a different
procedure for the election of the members of the governing board of
the San Diego Community College District.  
   This bill would make a technical, nonsubstantive change to this
procedure. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 72036 is added to the 
 Education Code   , to read:  
   72036.  Notwithstanding any other provision of law, the number of
members, the election of members, and the reapportionment of trustee
areas of the governing board of the Grossmont-Cuyamaca Community
College District shall be provided for pursuant to this section.
   (a) Candidates for election as a member of the governing board of
the district shall be nominated by trustee area at a district primary
election held on the date of the statewide direct primary election.
At the district primary election, the two candidates receiving the
highest number of votes within the trustee area shall be nominees for
the district general election for that trustee area, and the nominee
who receives a majority of the votes cast by the voters of the
trustee area in the district general election shall be elected to
represent that trustee area. The district general election shall be
held on the same date as the statewide general election.
   Candidates for election as members of the governing board shall
file a declaration of candidacy as provided in this code. Each member
of the governing board elected at the district general election
shall hold office for a term of four years commencing on the first
Friday in December next succeeding his or her election.
   The members of the governing board in office on the effective date
of the act that enacted this section at the 2011-12 Regular Session
of the Legislature shall hold office until the first Friday in
December of the year in which their respective terms of office would
otherwise have terminated, or until a successor qualifies therefor.
   (b) The territory of the district shall be divided into trustee
areas and one member of the governing board shall be elected from
each trustee area. A candidate for election as a member of the
governing board shall reside in, and be registered to vote in, the
trustee area he or she seeks to represent.
   (c) The governing board of the district shall be composed of not
less than five members and not more than nine, as determined by the
governing board. Sections 5019 to 5030, inclusive, do not apply to
the governing board's determination of the number of members pursuant
to this subdivision. If the number of members of the governing board
is increased or decreased, the governing board shall establish new
trustee areas, abolish trustee areas, or adjust the boundaries of
trustee areas so that the number of trustee areas is equal to the
number of governing board members. If the number of members of the
governing board is increased, the additional members of the governing
board shall be elected at the next regular general district election
of board members occurring at least 123 days after the governing
board approved the increased number of board members. Prior to the
next district general election, the governing board shall divide by
lot the additional trustee area positions that are created so that
the term of one-half of the board members elected to those positions
shall expire on the first Friday in December following the next
district general election. The term of the other board members
elected to fill the remainder of the additional positions shall
expire on the first Friday in December following the second district
general election succeeding their election.
   (d) The governing board shall set the boundaries of each trustee
area before March 1, 2012, to reflect the population enumerated in
the 2010 decennial federal census. If the governing board fails to
set the boundaries before March 1, 2012, the county committee on
school district organization shall do so before April 30, 2012. The
boundaries of each trustee areas shall be set so that the population
of each area is, as nearly as may be, the same proportion of the
total population of the district as each of the other areas.
Thereafter, the boundaries of trustee areas shall be adjusted
pursuant to Section 5019.5 and may be abolished or rearranged as
otherwise provided in this code. 
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district are the result of a program for which
legislative authority was requested by that local agency or school
district, within the meaning of Section 17556 of the Government Code
and Section 6 of Article XIII B of the California Constitution. 

  SECTION 1.   Section 72035 of the Education Code
is amended to read:
   72035.  Notwithstanding any other provision of law, including, but
not limited to, Sections 5000.1 and 5010.5, and the Charter of the
City of San Diego, the number of members, the election of members,
and the reapportionment of trustee areas of the governing board of
the San Diego Community College District shall be conducted pursuant
to this section.
   (a) Candidates for election as a member of the governing board of
the district shall be nominated by trustee area at a district primary
election held on the date of the statewide direct primary election.
At the district primary election, the two candidates receiving the
highest number of votes within the trustee area shall be nominees for
the general district election for that trustee area, and the nominee
who receives a majority of the votes cast by the voters of the
district in the districtwide general district election shall be
elected to represent that trustee area. The general district election
shall be held on the same date as the statewide general election.
   Candidates for election as members of the governing board shall
file a declaration of candidacy as provided in this code. Each member
of the governing board elected at the general district election
shall hold office for a term of four years commencing on the first
Friday in December next succeeding his or her election.
   The members of the governing board in office on the effective date
of the act that enacted this section at the 1991-92 Regular Session
of the Legislature shall hold office until the first Friday in
December of the year in which their respective term of office would
otherwise have terminated, or until a successor qualifies for the
office.
   (b) The territory of the district shall be divided into trustee
areas and one member of the governing board shall be elected from
each trustee area. A candidate for election as a member of the
governing board shall reside in, and be registered to vote in, the
trustee area he or she seeks to represent.
   (c) The governing board of the district shall be composed of not
less than five members and not more than nine, as determined by the
governing board. Sections 5019 to 5030, inclusive, do not apply to
the governing board's determination of the number of members pursuant
to this subdivision. If the number of members of the governing board
is increased or decreased, the governing board shall establish new
trustee areas, abolish trustee areas, or adjust the boundaries of
trustee areas so that the number of trustee areas is equal to the
number of governing board members. If the number of members of the
governing board is increased, the additional members of the governing
board shall be elected at the next regular general district election
of board members occurring at least 123 days after the governing
board approved the increased number of board members. Prior to the
next general district election, the governing board shall divide by
lot the additional trustee area positions that are created so that
the term of one-half of the board members elected to those positions
shall expire on the first Friday in December following the next
general district election. The term of the other board members
elected to fill the remainder of the additional positions shall
expire on the first Friday in December following the second general
district election succeeding their election.
   (d) The governing board shall adjust the boundaries of each
trustee area in existence on January 1, 1992, to reflect population
changes enumerated in the 1990 decennial federal census. The purpose
of the adjustment is to establish trustee areas so that the
population of each area is, as nearly as may be, the same proportion
of the total population of the district as each of the other areas.
Thereafter, the boundaries of trustee areas shall be adjusted
pursuant to Section 5019.5 and may be abolished or rearranged as
otherwise provided in this code.
   (e) Pursuant to Sections 5019 and 5030, the county committee on
school district organization may propose to the district voters that
the member residing in each trustee area be elected by the registered
voters of that particular trustee area. The proposal shall be
submitted to the voters of the district at the next regular general
district election occurring at least 123 days after the adoption of
the proposal by the county committee on school district organization.
If that proposal is approved by a majority of the voters voting in
the election, then notwithstanding subdivision (a), there shall be no
direct primary election for governing board members at the next
election for members. Instead, members shall be elected at a general
district election held on the same day as the statewide general
election. At that general district election, board member candidates
shall be elected to represent the trustee area in which they reside
and are registered to vote by the registered voters of that trustee
area. The candidate in each trustee area receiving the highest number
of votes shall be elected.