BILL NUMBER: AB 46	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 28, 2014
	AMENDED IN ASSEMBLY  MARCH 12, 2013

INTRODUCED BY   Assembly Member Pan

                        DECEMBER 19, 2012

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 46, as amended, Pan. California State University: 
trustees.   contractors. 
   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  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   2/3   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.   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. 
   This bill would  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.   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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 10828 is added to the 
 Public Contract Code   , to read:  
   10828.  (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.  
  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.