BILL NUMBER: AB 684 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2011
PASSED THE ASSEMBLY SEPTEMBER 2, 2011
AMENDED IN SENATE AUGUST 23, 2011
AMENDED IN SENATE AUGUST 15, 2011
AMENDED IN SENATE JUNE 28, 2011
AMENDED IN SENATE JUNE 13, 2011
AMENDED IN ASSEMBLY APRIL 25, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Block
(Coauthor: Assembly Member Alejo)
FEBRUARY 17, 2011
An act to add Sections 72036 and 72036.5 to the Education Code,
relating to community colleges, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 684, Block. Community college districts: trustee elections.
(1) 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 authorize the governing board of a community
college district to change election systems, as specified, in
accordance with the provisions of this bill and the California Voting
Rights Act of 2001, subject to approval by the Board of Governors of
the California Community Colleges. The bill would authorize the
governing board of a community college district to establish
elections by trustee areas. In establishing trustee areas, the
territory of a district would be divided into trustee areas, and one
member of the governing board would be elected from each trustee
area. A candidate for election as a member of the governing board
would be required to reside in, and be registered to vote in, the
trustee area he or she seeks to represent. The governing board would
be authorized to set the initial boundaries of each trustee area to
reflect the population enumerated in the most recent decennial
federal census. Thereafter, the boundaries of trustee areas would be
adjusted, abolished, or rearranged as specified. This bill would
authorize the governing board of a community college district to
determine the number of trustees, and would require the governing
board to be composed of 5 to 9 members. The board would be authorized
to establish, abolish, or adjust trustee areas and terms of office,
as specified. The bill would specify that the act would not apply to
any community college district that is authorized by statute to
provide for its own trustee elections.
(2) This bill would establish a procedure for 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 in accordance with the provisions of this bill and
the California Voting Rights Act of 2001. 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
bill would continue to hold office, as specified. The bill would
require the governing board to be composed of 5 to 9 members, as
determined by the board, and to establish, abolish, or adjust trustee
areas and terms of office, as specified. This bill would require the
boundaries for trustee areas established by resolution of the
governing board of the district, or adopted by the county committee
on school district organization prior to January 1, 2012, to reflect
population changes enumerated in the 2010 decennial federal census,
to be in effect when the bill becomes operative. The bill would
require the boundaries to be set so that the population of each area
is in proportion to the other districts. The bill would thereafter
require the boundaries to be adjusted, abolished, or rearranged, as
specified.
(3) 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.
(4) This bill would declare that it is to take effect immediately
as an urgency statute.
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 law, the governing board of a
community college district may change election systems, in accordance
with the provisions of this section and the California Voting Rights
Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division
14 of the Elections Code), upon the adoption by the board of
trustees of a resolution in support of electing the trustees in
accordance with this section and upon the approval of the Board of
Governors of the California Community Colleges, as follows:
(a) The governing board of a community college district may
establish elections by trustee areas. In establishing trustee areas,
the territory of a 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. The governing board shall set the initial
boundaries of each trustee area to reflect substantially equal
population in each district as enumerated in the most recent
decennial federal census. Thereafter, the boundaries of trustee areas
shall be adjusted pursuant to Section 5019.5, and may be abolished
or adjusted as otherwise provided in this code.
(b) The governing board of a community college district may
establish a top-two primary election system. Candidates for election
as a member of a governing board of a 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.
(c) The governing board of a community college district may
determine the number of trustees pursuant to this subdivision. The
governing board of a community college 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 a governing
board is increased or decreased, a 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 a
governing board is increased, the additional members of the governing
board shall be elected at the next regular district general 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) This section shall not apply to any community college district
that has been authorized by statute to provide for its own trustee
elections.
SEC. 2. Section 72036.5 is added to the Education Code, to read:
72036.5. (a) Notwithstanding any other 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 and
in accordance with the California Voting Rights Act of 2001 (Chapter
1.5 (commencing with Section 14025) of Division 14 of the Elections
Code).
(b) For purposes of this section, "district" means the
Grossmont-Cuyamaca Community College District.
(c) 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.
(d) Candidates for election as members of the governing board of
the district 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 following his or her
election.
(e) The members of the governing board of the district that are 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 term of office would otherwise have terminated, or until a
successor qualifies therefor.
(f) 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 of the district shall reside in, and be registered to
vote in, the trustee area he or she seeks to represent.
(g) 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 district general 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.
(h) Boundaries for trustee areas established by a resolution of
the governing board of the district or adopted by the county
committee on school district organization prior to January 1, 2012,
to reflect population changes enumerated in the 2010 decennial
federal census shall be in effect when this section becomes
operative. The boundaries of each trustee area 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. 3. 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.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order that election procedures for community college districts
conform to the California Voting Rights Act of 2001 as soon as
possible, it is necessary for this act to take effect immediately.