BILL NUMBER: SB 1665 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Brulte
FEBRUARY 17, 1998
An act to add Section 74265 to the Education Code, relating to
postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
SB 1665, as introduced, Brulte. Postsecondary education: Desert
Community College District: creation of Copper Mountain Community
College District.
Existing law requires that a proposal for the reorganization of
community college districts that would require changes in district
governing boards, having been given the approval of the Board of
Governors of the California Community Colleges, be submitted to voter
approval at an election held in the territory of districts defined
in the approved proposal.
This bill would provide that, notwithstanding that requirement,
the proposal to form a new community college district from that
portion of the Desert Community College District that contains the
Copper Mountain Campus and its service area shall become final upon
the approval of the board of governors, without the approval of the
voters at an election. The bill would further provide, however, that
the formation of that new community college district would be
subject to voter ratification at an election to be called by the
county superintendent of schools, and that, in the event the voters
fail to ratify that formation, the new community college district
would be deemed to be thereupon annexed by the Desert Community
College District. The bill would also exempt this formation action
from the condition of existing law that requires that community
college district formations not result in increased state costs.
Because the bill would impose new duties on the county
superintendent of schools by requiring that specified elections be
called and conducted, the bill would constitute a state-mandated
local program.
The bill would express a finding and declaration of the
Legislature that a general statute cannot be made applicable within
the meaning of a specified provision of the California Constitution
and that the enactment of a special statute is therefore necessary.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
The bill would become operative on July 1, 1999.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 74265 is added to the Education Code, to read:
74265. (a) The Legislature hereby finds and declares that the
portion of the portion of the Desert Community College District
containing the Copper Mountain Campus and its service area should be
formed into a new community college district.
(b) Notwithstanding Section 74230, the action to form a new
community college district from that portion of the Desert Community
College District that contains the Copper Mountain Campus and its
service area shall be deemed to be approved as provided by law, for
purposes of Section 74250, without election, when approval of that
action is given by the Board of Governors of the California Community
Colleges pursuant to Section 74205.
(c) The action to form a new community college district, as
described in subdivision (b), shall be submitted for voter approval
at an election that shall be called by the county superintendent of
schools upon the enactment of this act. The election shall be called
in the manner prescribed in Part 4 (commencing with Section 5000),
and shall be conducted at the next available regular election
scheduled in the territory of districts defined in the approved
proposal according to the procedures prescribed by Sections 35757 to
35764, inclusive. In the event that, pursuant to that election, the
voters fail to approve that action, the new community college
district formed pursuant to subdivision (b) shall be deemed to be
thereupon annexed by the Desert Community College District.
(d) The election of the first governing board of the community
college district formed pursuant to subdivision (b) shall be called
and conducted together with the election provided for under
subdivision (c).
(e) Notwithstanding any other provision of law, the condition set
forth in paragraph (1) of subdivision (b) of Section 74157 does not
apply to the action to form a new community college district
described in subdivision (a) of this section. It is the intent of
the Legislature that the formation of that district not adversely
affect the state funding of community college districts in subsequent
fiscal years.
SEC. 2. Due to unique circumstances concerning the Desert
Community College District and operation of the Copper Mountain
Community College within that district, the Legislature finds and
declares that a general statute cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
and that the enactment of this special statute is therefore
necessary.
SEC. 3. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.
SEC. 4. This act shall become operative on July 1, 1999.