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.








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          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.   








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               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.












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