BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Carol Liu, Chair 2013-2014 Regular Session BILL NO: AB 447 AUTHOR: Williams AMENDED: June 25, 2013 FISCAL COMM: Yes HEARING DATE: July 3, 2013 URGENCY: No CONSULTANT:Daniel Alvarez SUBJECT : California State University: student trustees. SUMMARY This bill authorizes the non-voting student trustee to vote at the California State University (CSU) Board of Trustees meeting if the voting student member is absent from the meeting. BACKGROUND Under current law (Education Code § 66602), the CSU Board of Trustees is comprised of, at any time, 25 members, as follows: 1) Five (5) ex-officio members: (a) the Governor, (b) the Lieutenant Governor, (c) Speaker of the Assembly, (d) the Superintendent of Public Instruction, and (e) the Chancellor of the CSU. 2) Sixteen (16) Governor appointees confirmed by two-thirds of the Senate, each serving an eight-year term. 3) One (1) alumni association representative, who cannot be an employee of the CSU, appointed by the Governor serving a two-year term. 4) One (1) tenured CSU faculty representative appointed by the Governor, for a two-year term, from a list of names of at least two persons furnished by the CSU Academic Senate. The faculty member cannot participate on any subcommittees of the board responsible for collective bargaining negotiations. AB 447 Page 2 5) Two (2) CSU students appointed by the Governor for staggered two-year terms from a list of nominees furnished by the governing board of any statewide student organization that represents CSU students and the student body organizations of the CSU campuses. Only one student is eligible to vote at any time. ANALYSIS This bill authorizes the non-voting student trustee to vote at the California State University (CSU) Board of Trustees (BOT) meeting if the voting student member is absent from the meeting. STAFF COMMENTS 1) Need for the bill . Current law provides for two CSU students, nominated by the statewide student association and appointed by the governor, to serve on the CSU BOT for staggered two-year terms. The student trustee in his or her second year serves as the voting trustee. The student trustee in his or her first year cannot vote in the absence of the voting student trustee. This has created a serious problem for student representation in recent years. For example, in the 2012-13 academic year the voting student trustee had health issues and missed two out of the six meetings. In January 2013, the voting student trustee was ill and could not attend the meeting. These absences, through no fault of the student, meant that there was no single member voting solely on behalf of students. The student trustees are constantly engaging with students to better understand their needs, in addition to their thoughts on pressing CSU issues. 2) Concept in this measure caught up in other issues . Other efforts to allow the student trustee to vote in the absence of the voting student trustee have been previously attempted within the framework of larger bills, but no bill with the specific provision in this measure has been signed by the governor. AB 447 Page 3 For example, in 2012, AB 1965 (Pan) would have authorized the student voting as proposed in this bill. However, AB 1965 also included a provision allowing for substitute attendance and voting for ex-officio members at BOT meetings. At the behest of the Senate Education Committee, the author agreed to maintain only the student trustee voting provisions, however, AB 1965 was ultimately gutted and amended to deal with floodplain maps. 3) Flexibility in order for students to be represented is not unreasonable ; however, commitment to the job of a student trustee should not be taken lightly. Students should recognize the intense time commitment and demands that are being placed upon them of their own choosing. By and large student trustees juggle classroom time, studying, constituent work, and BOT meetings; student trustees should not however use the possible flexibility envisioned by this measure imprudently. Therefore, staff recommends an amendment to provide the voting option as envisioned in this measure can only be exercised in the case of illness, family or medical emergency. 4) Similar legislation . AB 46 (Pan) authorizes an ex officio member of the CSU Board of Trustees, excluding the Chancellor of the CSU, to designate a staff person to attend, speak, and vote at CSU Board of Trustees meetings in the ex officio member's absence, as well as allowing for the nonvoting student trustee to vote at BOT meetings if the voting student member is absent. SUPPORT California State Student Association California State University OPPOSITION None on file. AB 447 Page 4