Bill Text: CA AB450 | 2013-2014 | Regular Session | Amended
Bill Title: Postsecondary education: community college trustee areas.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB450 Detail]
Download: California-2013-AB450-Amended.html
BILL NUMBER: AB 450 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 25, 2013
INTRODUCED BY Assembly Members Jones-Sawyer and Bocanegra
FEBRUARY 19, 2013
An act to amend Sections 5019.5 and 72031 of, and to add Article 4
(commencing with Section 72040) to Chapter 1 of Part 45 of Division
7 of Title 3 of, the Education Code, relating to postsecondary
education.
LEGISLATIVE COUNSEL'S DIGEST
AB 450, as amended, Jones-Sawyer. Postsecondary education:
community college trustee areas.
(1) Existing law requires the governing board of each school
district or community college district in which trustee areas have
been established, and in which each trustee is elected by the
residents of the area the trustee represents, to adjust the trustee
area boundaries following the decennial census.
This bill would require the governing board of a community college
district to make a proposed boundary adjustment public, and to
elicit and consider public comment prior to a proposal's adoption,
as prescribed, thereby imposing a state-mandated local
program.
(2) Existing law requires members of the governing board of the
Los Angeles Community College District to be elected at large in
odd-numbered years in a specified manner, except as specified
commencing with the 2013 election.
This bill, instead, would require the Board of Trustees of the Los
Angeles Community College District to establish 7 trustee areas in
the district by July 1, 2014, and would require members of the board
of trustees to be elected by trustee area, as specified. By
increasing the responsibilities of the county and the community
college district when they conduct elections, the bill would impose a
state-mandated local program.
(3) This bill would make legislative findings and declarations as
to the necessity of a special statute for the Los Angeles Community
College District.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5019.5 of the Education Code is amended to
read:
5019.5. (a) Following each decennial federal census, and using
population figures as validated by the Population Research Unit of
the Department of Finance as a basis, the governing board of each
school district or community college district in which trustee areas
have been established, and in which each trustee is elected by the
residents of the area he or she represents, shall adjust the
boundaries of any or all of the trustee areas of the district so that
one or both of the following conditions is satisfied:
(1) The population of each area is, as nearly as may be, the same
proportion of the total population of the district as the ratio that
the number of governing board members elected from the area bears to
the total number of members of the governing board.
(2) The population of each area is, as nearly as may be, the same
proportion of the total population of the district as each of the
other areas.
(b) The governing board of each community college district shall
make a proposal for boundary adjustment available to the public prior
to adjusting the boundaries of trustee areas. Public comment
regarding the proposal shall be elicited and considered by each
governing board.
(c) (1) The boundaries of the trustee areas shall be adjusted by
the governing board of each school district or community college
district, in accordance with subdivision (a), before the first day of
March of the year following the year in which the results of each
decennial census are released. If the governing board fails to adjust
the boundaries before the first day of March of the year following
the year in which the results of each decennial census are released,
the county committee on school district organization shall do so
before April June 30 of the same year.
(2) The governing board of the school district or community
college district shall reimburse all reasonable costs incurred by a
county committee in adjusting the boundaries pursuant to this
subdivision.
(d) Except to the extent that the adjustment of trustee area
boundaries is necessary for the purposes set forth in this section,
the authority to establish or abolish trustee areas, rearrange the
boundaries of trustee areas, increase or decrease the number of
members of the governing board, or adopt any method of electing
governing board members may be exercised only as otherwise provided
under this article.
SEC. 2. Section 72031 of the Education Code is amended to read:
72031. (a) Whenever in this code a section
refers to a district, or to two or more districts, governed by a
single governing board, or by governing boards of identical
personnel, or to a district or districts in which the average daily
attendance, or the number of full-time equivalent students, is in
excess of 400,000, or makes a similar reference, all provisions of
the section shall apply with equal force to both the city school
district and community college district.
(b) Members of the governing board of the Los Angeles Community
College District shall be elected at large in the manner established
by Chapter 62 of the Statutes of 1968.
(c) Commencing with the 2013 election for the governing board of
the Los Angeles Community College District, and each election
thereafter, the governing board may adopt a resolution by majority
vote to enact an alternative method by which members of the governing
board of the Los Angeles Community College District may be elected
at large and by individual seat number wherein, upon certification of
the election, the candidate with the highest number of votes for an
individual seat number shall be deemed the candidate elected for that
individual seat number.
SEC. 3. Article 4 (commencing with Section 72040) is added to
Chapter 1 of Part 45 of Division 7 of Title 3 of the Education Code,
to read:
Article 4. Los Angeles Community College District
72040. This article shall apply only to the Los Angeles Community
College District.
72041. This article shall supersede any conflicting provisions of
Sections 5019 and 5020, Chapter 1 (commencing with Section 5000) of
Part 4 of Division 1 of Title 1, Article 3 (commencing with Section
72022), or Sections 1302 and 10405.7 of the Elections Code.
72042. The Board of Trustees of the Los Angeles Community College
District shall, by July 1, 2014, provide for the establishment of
seven trustee areas.
72043. (a) The Board of Trustees of the Los Angeles Community
College District shall hold a public hearing prior to its adoption of
the boundaries of the trustee areas and shall have sole authority to
establish those boundaries.
(b) The Board of Trustees of the Los Angeles Community College
District shall number the trustee areas established pursuant to
Section 72042. The trustee area with the northernmost boundary shall
be area 1. The trustee area with the boundary that, except for the
boundary of area 1, is northernmost, shall be area 2. Each of the
remaining districts shall be numbered accordingly 3 to 7, inclusive.
Each trustee area shall be balanced in resident population.
(c) Any person who seeks election to represent a trustee area in
the Los Angeles Community College District shall reside in and be
registered to vote in that trustee area.
(d) (1) The four trustee positions that will expire on June 30,
2015, shall be filled , in odd-numbered trustee districts,
by election at large trustees elected by
trustee area . The trustees elected at that election , and
their successors, shall serve four-year terms.
(2) The three trustee positions that will expire on June 30, 2017,
shall be filled , in even-numbered trustee districts, by
three trustees elected by trustee area. The
tru stees elected at that election, and their successors,
shall serve four-year terms.
(3) The trustee areas in which elections will be held in 2017
shall be determined by lot.
(4) The remaining trustee positions shall be elected by trustee
area in 2019.
(5) Trustees elected by trustee area shall serve four-year terms.
SEC. 4. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances applicable to the Los Angeles
Community College District relating to its size.
SEC. 5. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
