BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                       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  
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            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  

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          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,  

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            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

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