BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1030| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- CONSENT Bill No: AB 1030 Author: Cooley (D) Amended: 4/4/13 in Assembly Vote: 21 SENATE EDUCATION COMMITTEE : 9-0, 6/5/13 AYES: Liu, Wyland, Block, Correa, Hancock, Hueso, Huff, Monning, Torres ASSEMBLY FLOOR : 77-0, 4/22/13 (Consent) - See last page for vote SUBJECT : Community colleges: organization of governing boards: nonvoting student members SOURCE : Los Rios Community College District DIGEST : This bill authorizes, if the seat of a student trustee becomes vacant during his/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, to appoint an interim nonvoting student trustee to serve the remainder of the term in accordance with the CCC district's policies. ANALYSIS : Existing law: 1.Requires the governing board of each CCC district to include CONTINUED AB 1030 Page 2 at least one nonvoting student member to be chosen by the students in a manner determined by the governing board of CCC districts. In order to be eligible, the student must be enrolled in a community college of the district for at least five semester units. The term of office for the student trustee is one year, commencing on May 15 or June 1 of each year. 2.Provides that nonvoting student members of the board are entitled to mileage reimbursement but specifically prohibits their receipt of compensation. 3.Requires the governing board of a CCC district to either order an election or make a provisional appointment to fill the vacancy of an elected trustee, as specified, and in the case of an appointment, authorizes registered voters in the district to petition for a special election. This bill: 1.Authorizes, if the seat of a student trustee becomes vacant during his/her term, the governing board of a CCC district to allow the officers of the college's student body association, as specified, to appoint an interim nonvoting student trustee to serve the remainder of the term in accordance with the district's policies. 2.Corrects and updates an obsolete reference to provisions which clarify that student trustees are ineligible to receive compensation. Comments Related 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 one of its 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, which claimed the appointment was invalid. A federal district court ruled in favor of the plaintiff, holding that existing law requires the District to hold another election to CONTINUED AB 1030 Page 3 ensure the student trustee would be selected by the student body. As a result, the District, bound by this court decision, rewrote its policies to ensure the student trustee would be selected by the student body. Current process . Existing law does not explicitly specify a process that CCC districts must follow when a student trustee vacancy occurs. Notwithstanding the federal court ruling on the specific circumstances of the District's situation, 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. With regard to vacancies by other elected trustees, existing law requires the governing board of a CCC district to either hold a special election or make a provisional appointment, as specified, to fill the remainder of the vacant trustee's term. If the governing board opts to make an appointment, registered voters in the district may petition for a special election, as specified. Elected trustees serve two-year terms. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 6/5/13) Los Rios Community College District (source) California Community College League Kern Community College District Mt. San Jacinto Community College District Peralta Community College District Yosemite Community College District ARGUMENTS IN SUPPORT : According to the author, "This bill would grant the governing board permission to allow student association leaders to appoint a successor trustee in the event the student trustee seat becomes vacant during its term." The author notes that special elections are burdensome, cost the district approximately $10,000 in staff time, and can leave the students without representation on the board for up to two months out of a 12 month term. ASSEMBLY FLOOR : 77-0, 4/22/13 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom, CONTINUED AB 1030 Page 4 Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Maienschein, Mansoor, Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting, Torres, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Lowenthal, Patterson, Vacancy PQ:ej 6/6/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED