BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 690
                                                                  Page  1

          Date of Hearing:   May 5, 2009

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                              Anthony Portantino, Chair
                 AB 690 (Ammiano) - As Introduced:  February 26, 2009
           
          SUBJECT  :   The California State University Trustees and the  
          University of California Regents: meetings.

           SUMMARY  :   Authorizes ex officio members of the California State  
          University (CSU) Board of Trustees (BOT) to designate a  
          non-voting representative, as specified, to attend CSU BOT  
          meetings in the ex officio member's absence.  Specifically,  this  
          bill  :  

          1)Authorizes ex officio members of the CSU BOT to designate a  
            representative, who is an officer or member of the same office  
            or elective body as the member, to attend CSU BOT meetings in  
            the ex officio member's absence, as follows:

             a)   Governor: a secretary of an executive agency appointed  
               by the Governor.

             b)   Lieutenant Governor: a member of the Senate.

             c)   Superintendent of Public Instruction: a county  
               superintendent of schools.

             d)   Speaker of the Assembly: a member of the Assembly.

             e)   CSU Chancellor: an executive officer employed by the  
               Office of the CSU Chancellor.

          2)Prohibits the designated representative from voting on behalf  
            of the ex officio member.

          3)Allows the ex officio member to designate only one person in a  
            calendar year to attend a CSU BOT meeting or meetings in the  
            ex officio member's absence.

          4)States legislative intent that each ex officio member of the  
            University of California (UC) Board of Regents (Regents)  
            designate a person to attend a UC Regents meeting or meetings  
            in the ex officio member's absence. 









                                                                  AB 690
                                                                  Page  2

           EXISTING LAW  :

          1)Provides that the CSU BOT be composed of the following ex  
            officio members: the Governor, Lieutenant Governor, Speaker of  
            the Assembly, Superintendent of Public Instruction, and CSU  
            Chancellor.

          2)Provides that the CSU BOT be composed of the following  
            members:

             a)   16 members appointed by the Governor and subject to  
               confirmation by two-thirds of the membership of the Senate;

             b)   A representative of the CSU alumni associations,  
               selected for a two-year term by the CSU alumni council  
               (this person cannot be a CSU employee during the two-year  
               term);

             c)   Two CSU students, appointed by the Governor for two-year  
               terms; and,

             d)   A tenured CSU faculty member, appointed by the Governor  
               for a two-year term.

           FISCAL EFFECT  :   None

           COMMENTS :    Purpose of this bill  :  This bill seeks to address  
          situations when UC and CSU governing board meetings conflict, by  
          allowing ex officio members to appoint representatives to attend  
          on their behalf.  The author believes this will ensure important  
          oversight of these institutions.

           Virtue of the office  : The Legislature established the importance  
          of certain state-elected offices participating on the boards of  
          public postsecondary institutions as a means to ensure that  
          elected leaders are able to share their perspective in the  
          formulation of system policy.  By virtue of the office they  
          hold, these individuals bring unique perspective and experience  
          to the policy and governance discussions of the UC and CSU  
          governing boards.  

           Meeting schedules  :  The UC and CSU governing boards have six  
          standing meetings per year, as well as special meetings as  
          necessary.  While these governing boards have often met on the  
          same dates in previous years, in 2009, UC and CSU governing  








                                                                  AB 690
                                                                  Page  3

          board meetings will conflict once-November 2009. 

           Other entities  :  The California Public Employees' Retirement  
          System, California, State Teachers' Retirement System, Board of  
          Equalization, and Franchise Tax Board allow ex officio members  
          to send a deputy to act on their behalf at board meetings.  

           Clarification needed  :  This bill prohibits the representative  
          from voting but does not speak to the establishment of a quorum.  
           Staff suggests amendments to clarify that the representative  
          cannot be counted toward the establishment of quorum.

           Previous legislation  :  AB 1413 (Portantino) of 2007 and AB 2339  
          (McLeod) of 2004, which were both vetoed by the Governor,  
          contained provisions substantially similar to this bill. 

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          American Federation of State, County and Municipal Employees
          American Federation of State, County and Municipal Employees,  
          Local 3299
          Lieutenant Governor John Garamendi

           Opposition 
           
          California State University

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