BILL NUMBER: AB 1892	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mendoza

                        FEBRUARY 16, 2010

   An act to amend Sections 87861, 87863, 87866, and 87867 of, to add
Section 87861.5 to, and to repeal Section 87868 of, the Education
Code, relating to community colleges.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1892, as introduced, Mendoza. Community colleges: part-time
faculty: health insurance.
   (1) Existing law establishes the California Community Colleges,
administered by the Board of Governors of the California Community
Colleges, as one of the segments of public postsecondary education in
the state. Existing law requires the board to appoint a chief
executive officer, known as the Chancellor of the California
Community Colleges, and requires the chancellor to execute the duties
and responsibilities delegated to him or her by the board. Under
existing law, each community college district is administered by a
governing board.
   Existing law establishes the Part-time Community College Faculty
Health Insurance Program, which authorizes the governing board of a
community college district to provide a program of health insurance
for part-time faculty and their dependents. Existing law defines
"part-time faculty," for the purposes of the program, as any faculty
member whose teaching assignment equals or exceeds 40% of the
cumulative equivalent of a minimum full-time teaching assignment.
Existing law provides that specified provisions of the program shall
be operative in any fiscal year only if funds are appropriated for
purposes of the program in the annual Budget Act or in another
measure and expresses legislative intent that ongoing funding for the
program be subject to annual Budget Act appropriations.
   This bill would delete those limitations, thereby making those
provisions of the program operative regardless of fiscal year. The
bill would express the intent of the Legislature, commencing with the
2011-12 fiscal year, to appropriate sufficient funds to reimburse
participating community college districts for the costs incurred by
the districts in paying health insurance premiums for eligible
part-time faculty pursuant to the program.
   (2) Existing law requires the Chancellor of the California
Community Colleges, by June 15 of each year, to apportion to each
community college district that establishes a health insurance
program pursuant to the Part-time Community College Faculty Health
Insurance Program, an amount that equals up to 1/2 of the total cost
of the individual enrollment premiums required to be paid for the
health insurance coverage of participating part-time faculty and
their dependents in the district.
   This bill, instead, would require the chancellor to apportion to
each community college that establishes a program an amount equal to
the total cost of the individual enrollment premiums required to be
paid for the health insurance coverage.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 87861 of the Education Code is amended to read:

   87861.  For the purposes of this article:
   (a) "Health insurance benefits" include medical benefits but do
not include vision or dental benefits.
   (b) "Part-time faculty" refers to  any   a
 faculty member whose teaching assignment equals or exceeds 40
percent of the cumulative equivalent of a minimum full-time teaching
assignment. 
   (c) The changes made to subdivision (b) during the 1999 portion of
the 1999-2000 Regular Session of the Legislature shall be operative
in any fiscal year only if funds are appropriated for purposes of
those changes in the annual Budget Act or in another measure. If the
amount appropriated in the annual Budget Act or in another measure
for purposes of this section is insufficient to fully fund those
changes for the fiscal year, the chancellor shall prorate the funds
among the community college districts affected by this section.

  SEC. 2.  Section 87861.5 is added to the Education Code, to read:
   87861.5.  Commencing with the 2011-12 fiscal year, it is the
intent of the Legislature to appropriate sufficient funds to
reimburse all participating community college districts for the costs
incurred by those districts in paying health insurance premiums for
eligible part-time faculty pursuant to this article.
  SEC. 3.  Section 87863 of the Education Code is amended to read:
   87863.  (a) A part-time faculty member and his or her eligible
dependents are eligible to participate in the program established
pursuant to this article. 
   (b) The changes made to subdivision (a) during the 1999 portion of
the 1999-2000 Regular Session of the Legislature shall be operative
in any fiscal year only if funds are appropriated for purposes of
those changes in the annual Budget Act or in another measure. If the
amount appropriated in the annual Budget Act or in another measure
for purposes of this section is insufficient to fully fund those
changes for the fiscal year, the chancellor shall prorate the funds
among the community college districts affected by this section.
 
   (c) 
    (b)  Any changes made pursuant to this section to the
Part-time Community College Faculty Health Insurance Program shall
not affect any part-time health insurance program in effect on
January 1, 2000.
  SEC. 4.  Section 87866 of the Education Code is amended to read:
   87866.  The governing board of each community college district
that establishes a program pursuant to this article shall do both of
the following:
   (a) Negotiate with the exclusive representative  as to the
payment of the portion of the health insurance premium that is not
funded by the state   concerning health insurance
benefits for part-time faculty  .
   (b) By June 1 of each year, send verification to the Chancellor of
the California Community Colleges as to the number of participants
in the program.
  SEC. 5.  Section 87867 of the Education Code is amended to read:
   87867.  By June 15 of each year, the Chancellor of the California
Community Colleges shall apportion to each community college district
that establishes a program pursuant to this article an amount that
equals  up to one-half of  the total cost of the
individual enrollment premiums required to be paid for the health
insurance coverage of participating part-time faculty and their
dependents in the district. The chancellor shall distribute funds
that have been appropriated specifically for this purpose
proportionally based on each district's total costs for premiums for
those districts that submit verification of the costs of premiums for
eligible employees for a fiscal year  , but in no event
shall the allocation to any district exceed one-half of the cost of
the verified premiums  . If funds appropriated for this
purpose exceed  one-half of  the  total 
verified cost of premiums for all participating districts statewide,
the balance that exceeds that amount shall revert to the General Fund
annually.
  SEC. 6.  Section 87868 of the Education Code is repealed. 
   87868.  It is the intent of the Legislature that ongoing funding
for the purposes of this article be subject to annual Budget Act
appropriations.