Amended in Senate April 28, 2014

Amended in Assembly March 12, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 46

Introduced by Assembly Member Pan

December 19, 2012

An act to begin delete amend Section 66602 of the Education end delete begin insert add Section 10828 to the Public Contract end insert Code, relating to public postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 46, as amended, Pan. California State University: begin delete trustees. end delete begin insert contractors. end insert

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 begin delete 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 end delete begin delete 2⁄3 end delete begin delete 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. Existing law prohibits a student member from voting at a board meeting during the first year of his or her term. end delete begin insert California State University comprises 25 institutions of higher education throughout the state. Existing law imposes various requirements with respect to contracting by the California State University. end insert

This bill would begin delete authorize each ex officio member, other than the Chancellor of the California State University, to designate a staff person to attend a meeting or meetings of the board in his or her absence, in accordance with a prescribed procedure, and to speak and vote on his or her behalf during those meetings. This bill would prohibit a staff person designated under this provision from attending closed sessions of the board. The bill would prohibit an ex officio member from designating more than one staff person to attend board meetings in any calendar year. The bill also would authorize a student member to vote at a board meeting during the first year of his or her term if the other student member is absent from that meeting. end delete begin insert require that contracts entered into by the California State University on or after January 1, 2015, for the purpose of developing educational programs comply with all of the following: that any data collected, pursuant to the contract, by the contractor relating to a student or a faculty member, including data relating to the student’s or faculty member’s use of university resources, be provided to the university in both electronic and paper formats; that any service or instruction provided, pursuant to the contract, by a nonstate agency contractor to a student or faculty member conform to pertinent federal statutes and regulations relating to student and faculty data; that any contract entered into with a nonstate agency acknowledge that other contracts entered into by the university may determine the rights to that intellectual property; and that any service or instruction provided, pursuant to a contract entered into by a nonstate agency subcontractor with a nonstate agency contractor, conform to these policies. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 10828 is added to the end insert begin insert Public Contract
Code end insert begin insert , to read: end insert

begin insert

begin insert 10828. end insert   

(a) A contract entered into by the university on or after
January 1, 2015, for the purpose of developing educational
programs shall comply with all of the following requirements:

(1) Any data collected, pursuant to the contract, by the
contractor relating to a student or a faculty member, including
data relating to the student’s or faculty member’s use of university
resources, shall be provided to the university in both electronic
and paper formats.

(2) Any service or instruction provided, pursuant to the contract,
by a nonstate agency contractor to a student or faculty member
shall conform to pertinent federal statutes and regulations relating
to student and faculty data. The language of the contract pursuant
to which the service or instruction referenced in this paragraph
is provided shall explicitly authorize the provision of this service
or instruction to students or faculty.

(3) Any contract entered into with a nonstate entity shall
acknowledge that other contracts entered into by the university
may determine the rights to that intellectual property.

(b) Any service or instruction provided, pursuant to a contract
entered into by a nonstate agency subcontractor with a nonstate
agency contractor, shall conform to, and incorporate relevant
policies required by, subdivision (a).

(c) As used in this section, “university” means the California
State University.

end insert

begin delete

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 of the board, other than the
Chancellor of the California State University, may designate a
staff person to attend a meeting or meetings of the board in his or
her absence and to speak and vote on his or her behalf during those
meetings. The designee shall not attend any closed session of the
board. No more than one staff person may be designated by an ex
officio member under this paragraph to attend board meetings in
any calendar year.

(B) If an ex officio member of the board designates a person
pursuant to subparagraph (A), the ex officio member shall do both
of the following:

(i) Notify the secretary of the board in writing of the name and
contact information of the designee by January 10 of the calendar
year for which the designee was chosen to attend board meetings.

(ii) Notify the secretary of the board in writing at least 10
business days before a board meeting if the ex officio member will
be sending the designee to attend the meeting in his or her place.

(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 to serve
on the board 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) (A) 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).

(B) Notwithstanding subparagraph (A), during the first year of
a student member’s term, the student may vote at a board meeting
if the other student member is absent from that meeting.

(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
to serve on the board 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.

end delete