BILL ANALYSIS �
AB 46
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ASSEMBLY THIRD READING
AB 46 (Pan)
As Amended March 12, 2013
Majority vote
HIGHER EDUCATION 9-3 APPROPRIATIONS 12-5
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|Ayes:|Williams, Ch�vez, Bloom, |Ayes:|Gatto, Bocanegra, |
| |Fong, Fox, Jones-Sawyer, | |Bradford, |
| |Medina, | |Ian Calderon, Campos, |
| |Quirk-Silva, Weber | |Eggman, Gomez, Hall, |
| | | |Holden, Pan, Quirk, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Levine, Linder, Wilk |Nays:|Harkey, Bigelow, |
| | | |Donnelly, Linder, Wagner |
| | | | |
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SUMMARY : Authorizes ex officio members of the California State
University (CSU) Board of Trustees (Board) to designate a
representative to attend, speak, and vote at Board meetings in
the ex officio member's absence and authorizes the non-voting
student trustee to vote at a Board meeting if the voting student
member is absent from the meeting. Specifically, this bill :
1)Allows an ex officio member of the Board, except the CSU
Chancellor, to designate a person to represent them at a Board
meeting in his or her absence. A designee cannot attend
closed sessions, and only one person may be designated by an
ex officio member in any calendar year.
2)Requires the ex officio member, pursuant to 1), to notify the
Board secretary in writing: a) with the name and contact
information of a designee for that calendar year by January
10, and b) 10 business days prior to a meeting if the ex
officio member will be sending their designee to that meeting.
3)Allows the student Board member, during the first year of
their term, to vote at a Board meeting if the other student
Board member is absent.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, negligible fiscal impact.
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COMMENTS : The Board includes the following ex officio members:
the Governor, Lieutenant Governor, Speaker of the Assembly,
Superintendent of Public Instruction, and the CSU Chancellor.
In addition, there are two student members appointed by the
Governor for overlapping two-year terms. While he or she can
fully participate in Board discussion and debate, the student
member may only vote in the second year of his or her term.
This bill would allow an ex officio Trustee to send a designee
to act in the official's place and stead with the same rights
and responsibilities, including the right of the deputy to be
counted in constituting a quorum, participating in the
proceedings of the Board, and to vote upon any and all matters,
excluding closed sessions.
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 Trustees.
Effect on ex officio participation. While the intent of the
bill is to increase ex officio involvement in Board decisions by
ex officio members, does the ability to appoint a designee serve
as a disincentive for the ex officio to participate? While both
the Trustees and ex officio members could benefit from regular
contact, it is not clear that this bill will, by itself, ensure
more responsible and transparent decision making, as it will
continue to be incumbent on the ex officio members to be
informed about Board agendas and meeting outcomes.
Analysis Prepared by : Sandra Fried / HIGHER ED. / (916)
319-3960
FN: 0000139
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