BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 334|
|Office of Senate Floor Analyses | |
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CONSENT
Bill No: AB 334
Author: Bonnie Lowenthal (D), et al.
Amended: 3/7/11 in Assembly
Vote: 21
SENATE EDUCATION COMMITTEE : 10-0, 6/8/11
AYES: Lowenthal, Runner, Alquist, Blakeslee, Hancock,
Huff, Liu, Price, Simitian, Vargas
NO VOTE RECORDED: Vacancy
ASSEMBLY FLOOR : 74-0, 4/4/11 - See last page for vote
SUBJECT : Community college board members: absence from
the state
SOURCE : Long Beach Community College District
DIGEST : This bill (1) provides that existing provisions
of law regarding absences from the state for members of a
school district governing board, are also applicable to
members of community college governing boards, and (2)
permits school district and community college governing
boards to authorize an extended absence for a board member
in the case of illness or urgent necessity.
ANALYSIS : Existing law prohibits a member of a school
district governing board from being absent from the state
for more than 60 days except under the following
circumstances:
CONTINUED
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1. To conduct business of the school district with board
approval.
2. With the consent of the governing board of the school
district for an additional period not to exceed a total
absence of 90 days.
3. For military deployment, not to exceed an absence of six
months. The governing board may approve an additional
six-month absence upon a showing that there is
reasonable expectation that the member will return
within the second six-month period. Provides that the
governing board may appoint an interim member under
specified circumstances and provides that the term of
that interim member may not extend beyond the return of
the absent member or beyond the next regularly scheduled
election for the office.
4. In the case of illness or other urgent necessity, the
time limited for an absence from the state may be
extended by the governing board for an additional 30 day
period, for a maximum total absence of 90 days.
Existing law permits the governing body of a city council
or municipality to provide for an extended absence of a
board member in the case of illness or other urgent
necessity.
This bill:
1. Provides that existing provisions of law regarding
absences from the state for members of a school district
governing board are also applicable to members of
community college governing boards.
2. Permits school district and community college governing
boards to authorize an extended absence for a board
member in the case of illness or urgent necessity.
Comments
Need for the Bill . Due to the recent illness and
subsequent treatment of a Long Beach Community College
District (LBCCD) board member, the medical treatment
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prescribed by the member's physician required an extended
stay at a treatment facility outside of California.
Existing law, however, limited the amount of time the LBCCD
board could approve for this absence to 120 days. An
absence extending beyond 120 days, even an absence of
medical necessity, causes the member to forfeit his/her
seat. No such time limitation or possibility of forfeiture
exists for members of state and municipal boards who
encounter health issues.
Consistent application of local discretion seems
reasonable . This bill will create parity between
Government Code Sections 1062 and 1064 where they relate to
a case of illness while preserving the integrity of the
statutory separation between different types of elected
boards. Specifically, this bill gives school district and
community college governing boards the same options and
authority as state and municipal boards to meet the health
and welfare needs of their elected board members. Advances
in both medical care and telecommunication technology, can
allow for reasonable out-of-state absences (in the case of
medical treatment) at the discretion of the local governing
body.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/9/11)
Long Beach Community College District (source)
California School Boards Association
Community College League of California
ASSEMBLY FLOOR : 74-0, 4/4/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Galgiani, Garrick, Gatto, Gordon, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Roger Hern�ndez, Hill,
Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara,
Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller,
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Mitchell, Monning, Morrell, Nestande, Nielsen, Norby,
Olsen, Pan, Perea, V. Manuel P�rez, Silva, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
Yamada, John A. P�rez
NO VOTE RECORDED: Chesbro, Gorell, Portantino, Skinner,
Smyth, Vacancy
CPM:kc 6/9/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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