BILL NUMBER: AB 447	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 25, 2013
	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member Williams

                        FEBRUARY 19, 2013

   An act to amend Section  72023.5   66602
 of the Education Code, relating to  community colleges
  public postsecondary education  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 447, as amended, Williams.  Community colleges:
organization of governing boards: nonvoting student members.
  California State University: student trustees. 

   Existing law establishes the California State University, under
the administration of the Trustees of the California State
University, as one of the segments of public postsecondary education
in this state. Under existing law, the trustees are composed of a
total of 25 members, including 2 California State University students
appointed by the Governor for 2-year terms. Existing law prohibits a
student member from voting at a board meeting during the first year
of his or her term.  
   The bill would authorize a student member to vote at a board
meeting during the first year of his or her term if the other student
member is absent from that meeting.  
   Existing law requires the governing board of each community
college district to order the inclusion within the membership of the
governing board of one or more nonvoting students, who are enrolled
in a community college of the district, and chosen by students
enrolled in the community colleges of the district, in accordance
with procedures prescribed by the governing board. Existing law
provides that a nonvoting student member shall not be included in
determining the vote required to carry any measure before the
governing board. Existing law authorizes a nonvoting student member,
at the discretion of the governing board, to make and second motions,
to attend closed sessions of the governing board, except on
personnel and collective bargaining matters, to receive a specified
amount of compensation, and to serve a one-year term. 

   This bill would authorize a nonvoting student member, without
being subject to the discretion of the governing board, to make and
second motions, and to attend closed sessions, except on personnel,
collective bargaining, and litigation matters. This bill would
authorize a nonvoting student member to cast an advisory vote but
would provide that the advisory vote shall not count in determining
the vote required to carry a measure before the governing board.
 
   By requiring community college districts to record advisory votes
of student members, this 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


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

   SECTION 1.    Section 66602 of the  
Education Code   is amended to read: 
   66602.  (a) The board shall be composed of the following five ex
officio members: the Governor, the Lieutenant Governor, the
Superintendent of Public Instruction, the Speaker of the Assembly,
and the person named by the trustees to serve as the Chancellor of
the California State University; a representative of the alumni
associations of the state university, selected for a two-year term by
the alumni council, California State University, which
representative shall not be an employee of the California State
University during the two-year term; and 16 appointive members
appointed by the Governor and subject to confirmation by two-thirds
of the membership of the Senate.
   (b) (1) Two students from the California State University, who
shall have at least a junior year standing at the institutions they
attend, and who remain in good standing as students during their
respective terms, shall also be appointed by the Governor  to
serve on the board  for two-year terms.
   (2) In the selection of students as members of the board, the
Governor shall appoint the students from lists of names of at least
two, but not more than five, persons furnished by the governing board
of any statewide student organization that represents the students
of the California State University and the student body organizations
of the campuses of the California State University. Any appointment
to fill a vacancy of a student member shall be effective only for the
remainder of the term of the person's office that became vacated.
   (3) The term of office of one student member of the board shall
commence on July 1 of an even-numbered year and expire on June 30 two
years thereafter. The term of office of the other student member of
the board shall commence on July 1 of an odd-numbered year and expire
on June 30 two years thereafter. Notwithstanding paragraph (1), a
student member who graduates from his or her college or university on
or after January 1 of the second year of his or her term of office
may serve the remainder of the term.
   (4)  (A)    During the first year of a student
member's term, a student member shall be a member of the board and
may attend all meetings of the board and its committees. At these
meetings, a student member may fully participate in discussion and
debate, but may not vote. During the second year of a student member'
s term, a student member may exercise the same right to attend
meetings of the board, and its committees, and shall have the same
right to vote as the members appointed pursuant to subdivision (a).

   (B) Notwithstanding subparagraph (A), during the first year of a
student member's term, the student may vote at a board meeting if the
other student member is absent from that meeting. 
   (5) Notwithstanding paragraph (4), if a student member resigns
from office or a vacancy is otherwise created in that office during
the second year of a student member's term, the remaining student
member shall immediately assume the office created by the vacancy and
all of the participation privileges of the second-year student
member, including the right to vote, for the remainder of that term
of office.
   (c) (1) A faculty member from the California State University, who
shall be tenured at the California State University campus at which
he or she teaches, shall also be appointed by the Governor  to
serve on the board  for a two-year term. In the selection of a
faculty member as a member of the board, the Governor shall appoint
the faculty member from a list of names of at least two persons
furnished by the Academic Senate of the California State University.
   (2) The faculty member of the board appointed by the Governor
pursuant to this subdivision shall not participate on any
subcommittee of the board responsible for collective bargaining
negotiations.
   (3) The term of office of the faculty member of the board shall
commence on July 1, and shall expire on June 30 two years thereafter.

  SECTION 1.    Section 72023.5 of the Education
Code is amended to read:
   72023.5.  (a) (1) The governing board of each community college
district shall order the inclusion within the membership of the
governing board, in addition to the number of members otherwise
prescribed, of one or more nonvoting students. These students shall
have the right to attend each and all meetings of the governing
board, except that student members shall not have the right, or be
afforded the opportunity, to attend sessions of the governing board
specified in paragraph (2) of subdivision (b).
   (2) The students selected to serve on the governing board shall be
enrolled in a community college of the district and shall be chosen,
and shall be recalled, by the students enrolled in the community
colleges of the district in accordance with procedures prescribed by
the governing board. A student member shall be required throughout
the term of his or her appointment to be enrolled in a community
college of the district for at least five semester units, or its
equivalent, and shall meet and maintain the minimum standards of
scholarship for community college students prescribed by the
community college district. Except as provided in paragraph (4) of
subdivision (b), the term of the student members shall be one year
commencing on June 1 of each year.
   (3) The nonvoting student members appointed pursuant to this
section shall be entitled to mileage allowance to the same extent as
regular members, but are not entitled to the compensation prescribed
by Section 72024.
   (4) A nonvoting student member shall be seated with the members of
the governing board and shall be recognized as a full member of the
board at the meetings, including receiving all materials presented to
the board members and participating in the questioning of witnesses
and the discussion of issues.
   (5) A nonvoting student member shall not be included in
determining the vote required to carry any measure before the board,
but is authorized to cast an advisory vote pursuant to paragraph (5)
of subdivision (b).
   (6) A nonvoting student member shall not be liable for any acts of
the governing board.
   (b) Notwithstanding subdivision (a), the nonvoting student member
or members selected to serve on the governing board of a community
college district pursuant to subdivision (a) may do any of the
following:
   (1) Make and second motions.
   (2) Attend closed sessions, other than closed sessions on
personnel matters, collective bargaining matters, or litigation.
   (3) Receive compensation, at the discretion of the governing
board, up to the amount prescribed by Section 72024.
   (4) Serve a term of one year commencing on May 15 of each year, at
the discretion of the governing board.
   (5) Cast an advisory vote that is recorded in the minutes of the
governing board meeting. The advisory vote shall not count in
determining the vote required to carry a measure before the governing
board.
   (c) It is the intent of the Legislature that any decision or
action, including any contract entered into pursuant thereto, upon
the motion or second of a motion of a student member, shall be fully
legal and enforceable against the district or any party thereto.
   (d) The governing board of each community college district that
affords the nonvoting student member or members of the board the
privileges enumerated in paragraphs (3) or (4) of subdivision (b)
shall, by May 15 of each year, adopt rules and regulations
implementing this section. These rules and regulations shall be
effective until May 15 of the following year.
   (e) If a state court finds this section is unlawful, the court may
order, as equitable relief, that the administering entity that is
the subject of the lawsuit terminate any waiver awarded under this
statute or provision, but no money damages, tuition refund or waiver,
or other retroactive relief may be awarded. In any action in which
the court finds this section is unlawful, the California Community
Colleges are immune from the imposition of any award of money
damages, tuition refund or waiver, or other retroactive relief.
 
  SEC. 2.   If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.