Bill Text: CA AB1936 | 2021-2022 | Regular Session | Amended
Bill Title: University of California: Hastings College of the Law.
Spectrum: Partisan Bill (Democrat 21-1)
Status: (Passed) 2022-09-23 - Chaptered by Secretary of State - Chapter 478, Statutes of 2022. [AB1936 Detail]
Download: California-2021-AB1936-Amended.html
Amended
IN
Senate
August 01, 2022 |
Amended
IN
Senate
June 30, 2022 |
Amended
IN
Assembly
May 19, 2022 |
Amended
IN
Assembly
April 20, 2022 |
Amended
IN
Assembly
April 18, 2022 |
Amended
IN
Assembly
March 24, 2022 |
Introduced by Assembly Members Ramos and Ting (Principal coauthors: Assembly Members Bennett, Bryan, Carrillo, Cristina Garcia, Gipson, Mathis, Quirk-Silva, and Villapudua) (Coauthors: Assembly Members Eduardo Garcia, Robert Rivas, Levine, Medina, and Luz Rivas) (Coauthors: Senators Archuleta, Gonzalez, Laird, McGuire, Rubio, Umberg, and Wiener) |
February 10, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
(a) As used in this section, “College” means the college named in Section 92200 of the Education Code.SEC. 3.
Section 1245.210 of the Code of Civil Procedure is amended to read:1245.210.
As used in this article, “governing body” means:As used in this chapter, unless the context requires otherwise, the following definitions apply:
(a)“Applicant” means a community college district, a campus of the California State University, a campus of the University of California, which may include the college named in Section 92200, or a partnership of campuses across and within the public higher education segments. “Applicant” also means the Office of the Chancellor of the California Community Colleges on behalf of one or more community college districts, the Office of the Chancellor of the California State University on behalf of one or more campuses of the California State University, or the Office of the President of the University of California on behalf of one or more campuses of the University of California.
(b)“Campus” means a community college district, a campus of the California State University, or a campus of the University of California, which may include the college named in Section 92200.
(c)“Capacity expansion projects” means projects that expand the ability of a four-year public postsecondary educational institution to support future California resident enrollment growth.
(d)“Low-income student” means either of the following:
(1)A student who is eligible to receive one or more of the following:
(A)Pell Grant financial aid under the federal Pell Grant program (20 U.S.C. Sec. 1070a).
(B)A Cal Grant under Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5 of Title 3.
(C)An exemption from paying nonresident tuition pursuant to Section 68130.5 provided that the student also meets income criteria applicable to the California Dream Act application.
(D)A fee waiver from a California Community College pursuant to Section 76300.
(2)A graduate student with income and asset levels that would qualify for one or more of the benefits in subparagraphs (A) through (D), inclusive, as determined by the campus at which the student is enrolled.
(e)“Public-private partnership” means a long-term agreement between a segment and the private sector for purposes of a student housing project, including, but not limited to, studying, planning, designing, constructing,
developing, financing, operating, maintaining, or any combination thereof, a student housing project.
(f)“Segment” means the public higher education segments of California, which are the University of California, the California State University, or the California Community Colleges.
(g)“Student housing project” means one or more housing facilities to be occupied by students of one or more campuses. These facilities may include, but are not necessarily limited to, dining, academic and student support service spaces, basic needs centers, student healthcare services, and other necessary and usual attendant and related facilities and equipment.
SEC. 4.
Section 17200 of the Education Code is amended to read:17200.
As used in this chapter, unless the context requires otherwise, the following definitions apply:SEC. 5.
Section 44320 of the Education Code is amended to read:44320.
(a) Professional preparation, including student teaching, shall be made available in the upper division course offerings at all California public institutions of higher learning, except the California Maritime Academy and the college named in Section 92200. No more than nine semester units, or the equivalent, of professional education courses may be designated as prerequisites for purposes of admission to student teaching, except that, to satisfy the English language requirement as set forth in paragraph (3) of subdivision (b) of Section 44259, candidates may be required to take 12 semester units, or the equivalent, as professional education prerequisites to student teaching.SEC. 6.
Section 66022 of the Education Code is amended to read:66022.
(a) The governing board of every community college district, the Trustees of the California State University, the Regents of the University of California, and the Board of Directors of the college named in Section 92200 shall adopt regulations providing for the withholding of institutional services from students or former students who have been notified in writing at the student’s or former student’s last known address that they are in default on a loan or loans under the Federal Family Education Loan Program.SEC. 7.
Section 67346.5 of the Education Code is amended to read:67346.5.
(a) The committee shall be and is hereby authorized to create a debt or debts, liability or liabilities, of the State of California pursuant to this chapter for the purpose of funding aid to the University of California, the California State University, the California Community Colleges, the college named in Section 92200, and the California Maritime Academy for the construction, including the construction of buildings and the acquisition of related fixtures, the construction or improvement of off-campus facilities of the California State University approved by the Trustees of the California State University on or before July 1, 1990, renovation, and reconstruction of facilities, for the acquisition of sites upon which these facilities are to be constructed, and for the equipping of new, renovated, or reconstructed facilities, and to provide funds for payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings. The addition of the college named in Section 92200 to this section is not intended to mark a change from the funding authorizations made by Section 67354, as contained in the Higher Education Facilities Bond Act of 1986, or Section 67334, as contained in the Higher Education Facilities Bond Act of 1988, but is intended to more clearly state what was intended by the Legislature in those sections as well.SEC. 8.
Section 67347.7 of the Education Code is amended to read:67347.7.
(a) The board may request the Pooled Money Investment Board for a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, and may execute those documents required by the Pooled Money Investment Board to obtain and repay the loan. The loan shall be deposited in the fund for the purpose of carrying out the provisions of this chapter. The amount of the loan shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purposes of this chapter.SEC. 9.
Section 67358.1 of the Education Code is amended to read:67358.1.
The Legislature finds and declares all of the following:SEC. 10.
Section 67358.4 of the Education Code is amended to read:67358.4.
The committee shall be and is hereby authorized to create a debt or debts, liability or liabilities, of the State of California pursuant to this chapter for the purpose of funding aid to the University of California, the California State University, the California Community Colleges, the college named in Section 92200, and the California Maritime Academy for the construction, including the construction of buildings and the acquisition of related fixtures; the equipping of new, renovated, or reconstructed facilities; funding for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings; renovation and reconstruction of facilities; and the construction or improvement of off-campus facilities of the California State University approved by the Trustees of the California State University on or before July 1, 1990, including the acquisition of sites upon which these facilities are to be constructed.(a)Except as provided in subparagraph (C) of paragraph (6), the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the college named in Section 92200, the Regents of the University of California, and the governing board of any postsecondary educational institution receiving public funds for student financial assistance shall do all of the following:
(1)Require the appropriate officials at each campus within their respective jurisdictions to compile records of both of the following:
(A)All occurrences reported to campus police, campus security personnel, or campus safety authorities of, and arrests for, crimes that are committed on campus and that involve violence, hate violence, theft, destruction of property, illegal drugs, or alcohol intoxication.
(B)All occurrences of noncriminal acts of hate violence reported to, and for which a written report is prepared by, designated campus authorities.
(2)Require any written record of a noncriminal act of hate violence to include, but not be limited to, the following:
(A)A description of the act of hate violence.
(B)Victim characteristics.
(C)Offender characteristics, if known.
(3)(A)Make the information concerning the crimes compiled pursuant to subparagraph (A) of paragraph (1) available within two business days following the request of any student or employee of, or applicant for admission to, any campus within their respective jurisdictions, or to the media, unless the information is the type of information exempt from disclosure pursuant to Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code, in which case the information is not required to be disclosed. Notwithstanding Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code, the name or any other personally identifying information of a victim of any crime defined by Section 243.4, 261, 262, 264, 264.1, 273a, 273d, 273.5, 286, 287, 288, 289, 422.6, 422.7, or 422.75 of, or former Section 288a of, the Penal Code shall not be disclosed without the permission of the victim, or the victim’s parent or guardian if the victim is a minor.
(B)For purposes of this paragraph and subparagraph (A) of paragraph (1), the campus police, campus security personnel, and campus safety authorities described in subparagraph (A) of paragraph (1) shall be included within the meaning of “state or local police agency” and “state and local law enforcement agency,” as those terms are used in Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code.
(4)Require the appropriate officials at each campus within their respective jurisdictions to prepare, prominently post, and copy for distribution on request, a campus safety plan that sets forth all of the following: the availability and location of security personnel, methods for summoning assistance of security personnel, any special safeguards that have been established for particular facilities or activities, any actions taken in the preceding 18 months to increase safety, and any changes in safety precautions expected to be made during the next 24 months. For purposes of this section, posting and distribution may be accomplished by including relevant safety information in a student handbook or brochure that is made generally available to students.
(5)Require the appropriate officials at each campus within their respective jurisdictions to report information compiled pursuant to paragraph (1) relating to hate violence to the governing board, trustees, board of directors, or regents, as the case may be. The governing board, trustees, board of directors, or regents, as the case may be, shall, upon collection of that information from all of the campuses within their jurisdiction, make a report containing a compilation of that information available to the general public on the internet website of each respective institution. It is the intent of the Legislature that the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the college named in Section 92200, the Regents of the University of California, and the governing board of any postsecondary educational institution receiving public funds for student financial assistance establish guidelines for identifying and reporting occurrences of hate violence. It is the intent of the Legislature that the guidelines established by these institutions of higher education be as consistent with each other as possible. These guidelines shall be developed in consultation with the Department of Fair Employment and Housing and the California Association of Human Relations Organizations.
(6)(A)Notwithstanding Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code, require any report made by a victim or an employee pursuant to Section 67383 of a Part 1 violent crime, sexual assault, or hate crime, as described in Section 422.55 of the Penal Code, received by a campus security authority and made by the victim for purposes of notifying the institution or law enforcement, to be immediately, or as soon as practicably possible, disclosed to the local law enforcement agency with which the institution has a written agreement pursuant to Section 67381 without identifying the victim, unless the victim consents to being identified after the victim has been informed of the victim’s right to have the victim’s personally identifying information withheld. If the victim does not consent to being identified, the alleged assailant shall not be identified in the information disclosed to the local law enforcement agency, unless the institution determines both of the following, in which case the institution shall disclose the identity of the alleged assailant to the local law enforcement agency and shall immediately inform the victim of that disclosure:
(i)The alleged assailant represents a serious or ongoing threat to the safety of students, employees, or the institution.
(ii)The immediate assistance of the local law enforcement agency is necessary to contact or detain the assailant.
(B)The requirements of this paragraph shall not constitute a waiver of, or exception to, any law providing for the confidentiality of information.
(C)This paragraph applies only as a condition for participation in the Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42.
(b)Any person who is refused information required to be made available pursuant to subparagraph (A) of paragraph (1) of subdivision (a) may
maintain a civil action for damages against any institution that refuses to provide the information, and the court shall award that person an amount not to exceed one thousand dollars ($1,000) if the court finds that the institution refused to provide the information.
(c)For purposes of this section:
(1)“Hate violence” means any act of physical intimidation or physical harassment, physical force or physical violence, or the threat of physical force or physical violence, that is directed against any person or group of persons, or the property of any person or group of persons because of the ethnicity, race, national origin, religion, sex, sexual orientation, gender identity, gender expression, disability, or political or religious beliefs of that person or group.
(2)“Part 1 violent crime” means willful homicide, forcible rape, robbery, or aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation.
(3)“Sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or the threat of any of these.
(d)This section does not apply to the governing board of a private postsecondary educational institution receiving funds for student financial assistance with a full-time enrollment of less than 1,000 students.
(e)This section shall apply to a campus of one of the public postsecondary educational systems identified in subdivision (a) only if that campus has a full-time equivalent enrollment of more than 1,000 students.
(f)Notwithstanding any
other provision of this section, this section shall not apply to the California Community Colleges unless and until the Legislature makes funds available to the California Community Colleges for the purposes of this section.
SEC. 11.
Section 67380 of the Education Code, as amended by Section 10 of Chapter 48 of the Statutes of 2022, is amended to read:67380.
(a) Except as provided in subparagraph (C) of paragraph (6), the governing board of each community college district, the Trustees of the California State University, the Board of Directors of theSEC. 12.
Section 67385 of the Education Code is amended to read:67385.
(a) The governing board of each community college district, the Trustees of the California State University, the Board of Directors of the college named in Section 92200, and the Regents of the University of California shall each adopt, and implement at each of their respective campuses or other facilities, a written procedure or protocols to ensure, to the fullest extent possible, that students, faculty, and staff who are victims of sexual assault committed at or upon the grounds of, or upon off-campus grounds or facilities maintained by the institution, or upon grounds or facilities maintained by affiliated student organizations, shall receive treatment and information. If appropriate on-campus treatment facilities are unavailable, the written procedure or protocols may provide for referrals to local community treatment centers.SEC. 13.
Section 67391 of the Education Code is amended to read:67391.
The governing board of each community college district, the Trustees of the California State University, the Board of Directors of the college named in Section 92200, and the Regents of the University of California shall, within existing resources, adopt and implement a rape and sexual assault education program for, and ensure maximum feasible participation of, students and student services professional staff members or student affairs professional staff members at each of their respective campuses or other facilities.SEC. 14.
Section 68052 of the Education Code is amended to read:68052.
(a) It is the intent of the Legislature that California’s public institutions of higher education shall establish nonresident student tuition policies that are consistent with their resident student fee policies. Nonresident student tuition shall be determined by each of the public postsecondary segments through the adoption of a methodology that annually establishes the nonresident student tuition rate. It is further the intent of the Legislature that, while the public institutions are to be provided flexibility in establishing their nonresident tuition, under no circumstances shall the level of nonresident tuition plus required fees fall below the marginal cost of instruction for that segment.SEC. 15.
Section 68120 of the Education Code is amended to read:68120.
(a) Notwithstanding any other law, no mandatory systemwide fees or tuition or mandatory campus-based fees of any kind shall be required or collected by the Regents of the University of California, the Board of Directors of the college named in Section 92200, the Trustees of the California State University, the Board of Governors of the California Community Colleges, or any campus of the University of California, the California State University, or the California Community Colleges from any surviving spouse or surviving child of a deceased person who met all of the following requirements:SEC. 16.
Section 68120.3 of the Education Code is amended to read:68120.3.
(a) Notwithstanding any other law, no mandatory systemwide fees or tuition or mandatory campus-based fees of any kind shall be required or collected by the Regents of the University of California, the Board of Directors of the college named in Section 92200, the Trustees of the California State University, the Board of Governors of the California Community Colleges, or any campus of the University of California, the California State University, or the California Community Colleges, from any surviving spouse or surviving child of a deceased person who met all of the following requirements:SEC. 17.
Section 68120.7 of the Education Code is amended to read:68120.7.
The college named in Section 92200 and each campus of the California Community Colleges and the California State University that has an internet website shall, and each campus of the University of California that has an internet website shall, in the event that an appropriate resolution is enacted pursuant to Section 68134, provide an online posting or notice of systemwide fee or tuition waivers available to students pursuant to Section 68120, Section 68120.3, or both, as applicable. The online posting or notice shall be done in accordance with all of the following:SEC. 18.
Section 68121 of the Education Code is amended to read:68121.
(a) Notwithstanding any otherSEC. 19.
The heading of Article 1 (commencing with Section 92200) of Chapter 3 of Part 57 of Division 9 of Title 3 of the Education Code is amended to read:Article 1. A Law College Affiliated with the University of California
SEC. 20.
Section 92200 of the Education Code is amended to read:92200.
(a) The law college founded in the City of San Francisco in 1878 shall be designated as the College of the Law.(2)For purposes of this subdivision, “consultation” means the same as that term is defined in Section 65352.4 of the Government Code.
(3)This subdivision
SEC. 21.
Section 92204 of the Education Code is amended to read:92204.
(a) The business of the college, which includes the power to incur indebtedness, shall be managed by the board of directors. A majority of directors then in office shall constitute a quorum for the transaction of all business. The directors shall serve without compensation.SEC. 22.
Section 92205 of the Education Code is amended to read:92205.
In the investment and management of endowment funds and properties under its jurisdiction, the Board of Directors of the college shall comply, to the extent practicable, with the endowment investment and management policies of the Regents of the University of California. Any variance from the endowment investment and management policies of the regents shall be presented to, and reviewed by, the board, which shall adopt a resolution specifying the reasons for the variance. In addition, the board shall comply with all of the following requirements:SEC. 23.
Section 92205.5 of the Education Code is amended to read:92205.5.
It is the intent of the Legislature that the Regents of the University of California provide for a review of the annual audits conducted pursuant to subdivision (d) of Section 92205 and annually report any violations revealed by these audits to the Board of Directors of the college to the appropriate fiscal and policy committees of the Legislature, and to the Legislative Analyst.SEC. 24.
Section 92206 of the Education Code is amended to read:92206.
Vacancies occurring in the board of directors shall be filled by the Governor and approved by the Senate, a majority of the membership concurring.SEC. 25.
Section 92214 of the Education Code is amended to read:92214.
The Director of General Services shall transfer the property located at 55 and 75 Hyde Street in the City and County of San Francisco to the University of California to be used for the benefit of the college for school purposes.SEC. 26.
Section 92215 of the Education Code is amended to read:92215.
The power to incur indebtedness pursuant to Section 92204 shall include, but is not limited to, the power to issue revenue bonds in the name of the Board of Directors of the college and as obligations of the Board of Directors of the college. Revenue bonds may be issued pursuant to the provisions of Chapter 5 (commencing with Section 92400) of Part 57 and, for such purposes, the Board of Directors of the college shall have the same powers to issue revenue bonds for the benefit of the college as are conferred upon the Regents of the University of California for the benefit of the University of California by Chapter 5 (commencing with Section 92400) of Part 57, and shall be subject to the limitations imposed therein. Any such bonds issued for the benefit of the Hastings College of the Law, before January 1, 2023, shall be issued in the name of Hastings College of the Law without using the name of the University of California. Any such bonds issued for the benefit of the college, on or after January 1, 2023, shall be issued in the name of the college.SEC. 27.
Section 92630.5 of the Education Code is amended to read:92630.5.
This article shall apply to the University of California only to the extent that the regents act, by resolution, to make it applicable. This article shall apply to the college named in Section 92200 only to the extent that the Board of Directors of the college named in Section 92200 acts, by resolution, to make it applicable.SEC. 28.
Section 94110 of the Education Code is amended to read:94110.
As used in this chapter, the following words and terms have the following meanings, unless the context indicates or requires another or different meaning or intent:SEC. 29.
Section 99275 of the Education Code is amended to read:99275.
(a) The California Bench to School Initiative is hereby established to create the California Institute on Law, Neuroscience, and Education to promote a collaborative focus on neuroscience, law, education, and social justice to improve literacy outcomes in school settings for youth.SEC. 30.
Section 99277 of the Education Code is amended to read:99277.
(a) Upon receiving funding for purposes of this chapter, UCSF, the UC college named in Section 92200, and the UC/CSU California Collaborative on Neurodiversity and Learning shall each appoint one member from the respective institutions. This group shall be charged with the development and oversight of the initiative, and shall function as the institute’s management committee. The management committee shall be permitted, but not obligated, to retain a program director to assist in the implementation of the initiative.SEC. 31.
Section 100110 of the Education Code is amended to read:100110.
The Legislature finds and declares all of the following:SEC. 32.
Section 100120 of the Education Code is amended to read:100120.
(a) The Higher Education Facilities Finance Committee created pursuant to Section 67353 shall be and is hereby authorized to create a debt or debts, liability or liabilities, of the State of California pursuant to this chapter for the purpose of funding aid to the University of California, the California State University, the California Community Colleges, and the college named in Section 92200 for the construction, including the construction of buildings and the acquisition of related fixtures; the equipping of new, renovated, or reconstructed facilities; funding for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings; renovation and reconstruction of facilities; and the construction or improvement of off-campus facilities of the California State University approved by the Trustees of the California State University on or before July 1, 1990, including the acquisition of sites upon which these facilities are to be constructed.SEC. 33.
Section 100450 of the Education Code is amended to read:100450.
The Legislature finds and declares all of the following:SEC. 34.
Section 100460 of the Education Code is amended to read:100460.
The Higher Education Facilities Finance Committee established pursuant to Section 67353 is hereby authorized to create a debt or debts, liability or liabilities, of the State of California pursuant to this chapter for the purpose of providing funds to aid the University of California, the college named in Section 92200, the California State University, and the California Community Colleges.SEC. 35.
Section 100510 of the Education Code is amended to read:100510.
(a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law, except Section 16727 of the Government Code, apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter.SEC. 36.
Section 100650 of the Education Code is amended to read:100650.
(a) The system of public higher education in this state includes the University of California, the college named in Section 92200, the California State University, the California Community Colleges, and their respective off-campus centers.SEC. 37.
Section 100652 of the Education Code is amended to read:100652.
(a) From the proceeds of bonds issued and sold pursuant to Article 5 (commencing with Section 100700), the sum of four hundred eight million two hundred sixteen thousand dollars ($408,216,000) shall be deposited in the 2002 Higher Education Capital Outlay Bond Fund for the purposes of this article. When appropriated, these funds shall be available for expenditure for the purposes of this article.SEC. 38.
Section 100710 of the Education Code is amended to read:100710.
(a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law, except Section 16727 of the Government Code, apply to the bonds and to this chapter and are hereby incorporated into this chapter as though set forth in full within this chapter.SEC. 39.
Section 100745 of the Education Code is amended to read:100745.
(a) For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the Higher Education Facilities Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the 2002 Higher Education Capital Outlay Bond Fund consistent with this chapter. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter.SEC. 40.
Section 100850 of the Education Code is amended to read:100850.
(a) The system of public higher education in this state includes the University of California, the college named in Section 92200, the California State University, the California Community Colleges, and their respective off-campus centers.SEC. 41.
Section 100852 of the Education Code is amended to read:100852.
(a) From the proceeds of bonds issued and sold pursuant to Article 5 (commencing with Section 100900), the sum of six hundred ninety million dollars ($690,000,000) shall be deposited in the 2004 Higher Education Capital Outlay Bond Fund for the purposes of this article. When appropriated, these funds shall be available for expenditure for the purposes of this article.SEC. 42.
Section 100910 of the Education Code is amended to read:100910.
(a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law, except Section 16727 of the Government Code, apply to the bonds and to this chapter and are hereby incorporated into this chapter as though set forth in full within this chapter.SEC. 43.
Section 100945 of the Education Code is amended to read:100945.
(a) For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the Higher Education Facilities Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the 2004 Higher Education Capital Outlay Bond Fund consistent with this chapter. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter.SEC. 44.
Section 101040 of the Education Code is amended to read:101040.
(a) The system of public universities in this state includes the University of California, the college named in Section 92200, and the California State University, and their respective off-campus centers.SEC. 45.
Section 101041 of the Education Code is amended to read:101041.
(a) From the proceeds of bonds issued and sold pursuant to Article 4 (commencing with Section 101050), the sum of eight hundred ninety million dollars ($890,000,000) shall be deposited in the 2006 University Capital Outlay Bond Fund for the purposes of this article. When appropriated, these funds shall be available for expenditure for the purposes of this article.SEC. 46.
Section 101051 of the Education Code is amended to read:101051.
(a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law, except Section 16727 of the Government Code to the extent that it conflicts with this part, apply to the bonds and to this chapter and are hereby incorporated into this chapter as though set forth in full within this chapter.SEC. 47.
Section 101057 of the Education Code is amended to read:101057.
(a) For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the Higher Education Facilities Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the 2006 University Capital Outlay Bond Fund consistent with this chapter. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter.As used in this chapter:
(a)“Employee” means a civil service employee of the State of California. The “State of California” as used in this chapter includes those state agencies, boards, and commissions as may be designated by law that employ civil service employees, except the University of California, the college named in Section 92200 of the Education Code, and the California State University.
(b)“Excluded employee,” means all managerial employees, as defined in subdivision (e) of Section 3513, all confidential employees, as defined in subdivision (f) of Section 3513, and all supervisory employees, as defined in subdivision (g) of Section 3513, and all civil service employees of the Department of Human Resources,
professional employees of the Department of Finance engaged in technical or analytical state budget preparation other than the auditing staff, professional employees in the Personnel/Payroll Services Division of the Controller’s office engaged in technical or analytical duties in support of the state’s personnel and payroll systems other than the training staff, employees of the Legislative Counsel Bureau, employees of the Bureau of State Audits, employees of the Public Employment Relations Board, conciliators employed by the California State Mediation and Conciliation Service, employees of the office of the State Chief Information Officer except as provided in Section 11546.5, and intermittent athletic inspectors who are employees of the State Athletic Commission.
(c)“Supervisory employee organization” means an organization that represents members who are supervisory employees under subdivision (g) of Section 3513.
(d)“Excluded employee organization” means an organization that includes excluded employees of the state, as defined in subdivision (b), and that has as one of its primary purposes representing its members in employer-employee relations. Excluded employee organization includes supervisory employee organizations.
(e)“State employer” or “employer,” for purposes of meeting and conferring on matters relating to supervisory employer-employee relations, means the Governor or the Governor’s designated representatives.