BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1030
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          ASSEMBLY THIRD READING
          AB 1030 (Cooley)
          As Amended  April 4, 2013
          Majority vote 

           HIGHER EDUCATION    13-0                                        
           
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          |Ayes:|Williams, Chávez, Bloom,  |     |                          |
          |     |Fong, Fox, Jones-Sawyer,  |     |                          |
          |     |Levine, Waldron, Medina,  |     |                          |
          |     |Olsen, Quirk-Silva,       |     |                          |
          |     |Weber, Wilk               |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
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           SUMMARY  :  Authorizes, if the seat of a student trustee becomes  
          vacant during his or her term, the governing board of a  
          California Community College (CCC) district to allow the  
          officers of the college's student body association, as specified  
          in existing law, to appoint an interim nonvoting student trustee  
          to serve the remainder of the term in accordance with the  
          district's policies.  

           FISCAL EFFECT  :  None.  This bill is keyed non-fiscal by the  
          Legislative Counsel.

           COMMENTS  :  

          Background.  Current law does not specify a process that CCC  
          districts must follow when a student trustee vacancy occurs.   
          Some districts have allowed the student body organizations to  
          select an interim representative, while others hold a special  
          election.  Student trustees serve one-year terms.

          Federal ruling.  In 2009, the governing board of the Los Rios  
          Community College District (District) invalidated a student  
          trustee election because of irregularities in the voting  
          schedule established at the colleges.  The board chose to allow  
          the elected student government presidents from each of the  
          District's colleges to collectively appoint a student trustee to  
          fill the remainder of the one-year term, pursuant to the  
          District's existing policies. The District was sued by a student  
          group, American River College Students for Liberty Campaign,  








                                                                  AB 1030
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          which claimed the appointment was invalid.  The federal district  
          court ruled in favor of the plaintiff, holding that existing law  
          requires the District to hold another election to ensure the  
          student trustee would be selected by the student body.    

          Process for filling elected trustee vacancies.  The governing  
          board of a CCC district must either hold a special election or  
          make a provisional appointment, as specified, to fill the  
          remainder of the term when an elected trustee vacates his or her  
          term.  In the case of an appointment, registered voters in the  
          district may petition for a special election, as specified.   
          Elected trustees serve two-year terms; as noted previously,  
          student trustees serve one-year terms.  

           
          Analysis Prepared by  :    Sandra Fried / HIGHER ED. / (916)  
          319-3960 


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