BILL NUMBER: AB 1691	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ammiano

                        JANUARY 27, 2010

   An act to amend Section 66602 of, and to add Section 92022 to, the
Education Code, relating to public postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1691, as introduced, Ammiano. Trustees of the California State
University and Regents of the University of California: meetings.
   (1) Existing law establishes the California State University,
under the administration of the Trustees of the California State
University, as one of the segments of public postsecondary education
in this state. Under existing law, the trustees are composed of a
total of 25 members, which include 5 specified ex officio members, a
representative of the alumni associations of the university, 16
members appointed by the Governor, subject to confirmation by 2/3 of
the membership of the Senate, for 8-year terms, and 2 California
State University students and one California State University faculty
member appointed by the Governor for 2-year terms.
   This bill would authorize each ex officio trustee, except the
Chancellor of the California State University, to designate a person,
as prescribed, to attend a meeting or meetings of the trustees in
his or her absence. The bill would prohibit an ex officio trustee
from designating more than one person to attend meetings of the
trustees in any calendar year.
   (2) Existing provisions of the California Constitution provide
that the University of California constitutes a public trust and
requires the university to be administered by the Regents of the
University of California, a corporation in the form of a board, with
full powers of organization and government, subject to legislative
control only for specified purposes. These provisions require the
membership of the board to be composed of 18 appointive members,
appointed by the Governor and approved by the Senate, and the
following 7 ex officio members: the Governor, the Lieutenant
Governor, the Speaker of the Assembly, the Superintendent of Public
Instruction, and the president and vice president of the alumni
association of the university and the acting president of the
university. These provisions also require the corporation to have all
powers necessary or convenient for the effective administration of
its trust, including the power to delegate to its committees or to
the faculty of the university, or to others, such authority or
functions as it may deem wise.
   This bill would express legislative intent that each ex officio
member of the board, to the extent authorized pursuant to those
provisions of the California Constitution, designate a person to
attend a meeting or meetings of the board in the member's absence.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 66602 of the Education Code is amended to read:

   66602.  (a)  (1)    The board shall be composed
of the following five ex officio members: the Governor, the
Lieutenant Governor, the Superintendent of Public Instruction, the
Speaker of the Assembly, and the person named by the trustees to
serve as the Chancellor of the California State University; a
representative of the alumni associations of the state university,
selected for a two-year term by the alumni council, California State
University, which representative shall not be an employee of the
California State University during the two-year term; and 16
appointive members appointed by the Governor and subject to
confirmation by two-thirds of the membership of the Senate. 
   (2) (A) Each ex officio member, except the Chancellor of the
California State University, may designate a person, who is an
officer or member of the same office or elective body as the member,
to attend a meeting or meetings of the trustees in the member's
absence. A person designated pursuant to this paragraph shall not
have the power to vote on behalf of the member and shall not be
counted as a member of the board for purposes of establishing a
quorum. An ex officio member may designate only one person in a
calendar year to attend a meeting or meetings of the trustees in the
member's absence.  
   (B) For purposes of this paragraph, "officer or member of the same
office or elective body of the member" means the following with
respect to each ex officio member: 
   (i) Governor: a secretary of an executive agency appointed by the
Governor.  
   (ii) Lieutenant Governor: a member of the Senate.  
   (iii) Superintendent of Public Instruction: an elected county
superintendent of schools.  
   (iv) Speaker of the Assembly: a member of the Assembly. 
   (b) (1) Two students from the California State University, who
shall have at least a junior year standing at the institutions they
attend, and who remain in good standing as students during their
respective terms, shall also be appointed by the Governor for
two-year terms.
   (2) In the selection of students as members of the board, the
Governor shall appoint the students from lists of names of at least
two, but not more than five, persons furnished by the governing board
of any statewide student organization that represents the students
of the California State University and the student body organizations
of the campuses of the California State University. Any appointment
to fill a vacancy of a student member shall be effective only for the
remainder of the term of the person's office that became vacated.
   (3) The term of office of one student member of the board shall
commence on July 1 of an even-numbered year and expire on June 30 two
years thereafter. The term of office of the other student member of
the board shall commence on July 1 of an odd-numbered year and expire
on June 30 two years thereafter. Notwithstanding paragraph (1), a
student member who graduates from his or her college or university on
or after January 1 of the second year of his or her term of office
may serve the remainder of the term.
   (4) During the first year of a student member's term, a student
member shall be a member of the board and may attend all meetings of
the board and its committees. At these meetings, a student member may
fully participate in discussion and debate, but may not vote. During
the second year of a student member's term, a student member may
exercise the same right to attend meetings of the board, and its
committees, and shall have the same right to vote as the members
appointed pursuant to subdivision (a).
   (5) Notwithstanding paragraph (4), if a student member resigns
from office or a vacancy is otherwise created in that office during
the second year of a student member's term, the remaining student
member shall immediately assume the office created by the vacancy and
all of the participation privileges of the second-year student
member, including the right to vote, for the remainder of that term
of office.
   (c) (1) A faculty member from the California State University, who
shall be tenured at the California State University campus at which
he or she teaches, shall also be appointed by the Governor for a
two-year term. In the selection of a faculty member as a member of
the board, the Governor shall appoint the faculty member from a list
of names of at least two persons furnished by the Academic Senate of
the California State University.
   (2) The faculty member of the board appointed by the Governor
pursuant to this subdivision shall not participate on any
subcommittee of the board responsible for collective bargaining
negotiations.
   (3) The term of office of the faculty member of the board shall
commence on July 1, and shall expire on June 30 two years thereafter.

  SEC. 2.  Section 92022 is added to the Education Code, to read:
   92022.  It is the intent of the Legislature that each ex officio
member of the Regents of the University of California, to the extent
authorized pursuant to Section 9 of Article IX of the California
Constitution, designate a person to attend a meeting or meetings of
the regents in the member's absence.