Bill Text: CA SB1062 | 2011-2012 | Regular Session | Amended
Bill Title: California Community Colleges: board of governors.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Enrolled - Dead) 2012-08-13 - In Assembly. Held at Desk. [SB1062 Detail]
Download: California-2011-SB1062-Amended.html
BILL NUMBER: SB 1062 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 8, 2012
INTRODUCED BY Senator Liu
( Coauthor: Senator Alquist
)
FEBRUARY 13, 2012
An act to amend Sections 70901.5 and
Section 71092 of the Education Code, relating to community
colleges.
LEGISLATIVE COUNSEL'S DIGEST
SB 1062, as amended, Liu. California Community Colleges: board of
governors.
Existing law establishes the California Community Colleges, under
the administration of the Board of Governors of the California
Community Colleges, as one of the segments of public postsecondary
education in this state. Existing law prohibits the board of
governors from adopting regulations that the Department of Finance
determines would create a state-mandated local program cost until the
department has certified that a source of funds is available to
reimburse that cost.
This bill would instead require the board of governors to identify
that a source of funds is available to reimburse a state-mandated
local program cost that the department determines a regulation would
create.
Existing law requires the board of governors to designate the
headquarters for each of its employees, except as provided.
This bill would remove that requirement and would authorize the
board of governors to appoint a person without permanent civil
service status to a position classified as a career executive
assignment, for the position of vice chancellor or
assistance assistant vice chancellor, if the
person has a minimum of 5 years of specified work experience,
previously held permanent status in the civil service, was employed
by the Legislature for 2 or more consecutive years, or held for 2 or
more consecutive years one or more nonelected exempt positions in the
executive branch.
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
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 70901.5 of the Education
Code is amended to read:
70901.5. (a) The board of governors shall establish procedures
for the adoption of rules and regulations governing the California
Community Colleges. Among other matters, the procedures shall
implement the following requirements:
(1) Written notice of a proposed action shall be provided to each
community college district and to all other interested parties and
individuals, including the educational policy and fiscal committees
of the Legislature and the Department of Finance, at least 45 days in
advance of adoption. The regulations shall become effective no
earlier than 30 days after adoption.
(2) The proposed regulations shall be accompanied by an estimate,
prepared in accordance with instructions adopted by the Department of
Finance, of the effect of the proposed regulations with regard to
the costs or savings to any state agency, the cost of any
state-mandated local program as governed by Part 7 (commencing with
Section 17500) of Division 4 of Title 2 of the Government Code, any
other costs or savings of local agencies, and the costs or savings in
federal funding provided to state agencies.
(3) The board of governors shall ensure that all proposed
regulations of the board meet the standards of "necessity,"
"authority," "clarity," "consistency," "reference," and
"nonduplication," as those terms are defined in Section 11349 of the
Government Code. A district governing board or any other interested
party may challenge any proposed regulatory action regarding the
application of these standards.
(4) Prior to the adoption of regulations, the board of governors
shall consider and respond to all written and oral comments received
during the comment period.
(5) The effective date for a regulation shall be suspended if,
within 30 days after adoption by the board of governors, at least
two-thirds of all governing boards vote, in open session, to
disapprove the regulation. With respect to any regulation so
disapproved, the board of governors shall provide at least 45
additional days for review, comment, and hearing, including at least
one hearing before the board itself. After the additional period of
review, comment, and hearing, the board may do any of the following:
(A) Reject or withdraw the regulation.
(B) Substantially amend the regulation to address the concerns
raised during the additional review period, and then adopt the
revised regulation. The regulation shall be treated as a newly
adopted regulation, and shall go into effect in accordance with those
procedures.
(C) Readopt the regulation as originally adopted, or with those
nonsubstantive, technical amendments deemed necessary to clarify the
intent of the original regulation. If the board of governors decides
to readopt a regulation, with or without technical amendments, it
shall also adopt a written declaration and determination regarding
the specific state interests it has found necessary to protect by
means of the specific language or requirements of the regulation. A
readopted regulation may then be challenged pursuant to existing law
in a court of competent jurisdiction, and shall not be subject to any
further appeal within the California Community Colleges.
(6) As to any regulation which the Department of Finance
determines would create a state-mandated local program cost, the
board of governors shall identify that a source of funds is available
to reimburse that cost.
(7) Any district or other interested party may propose a new
regulation or challenge any existing regulation.
(b) Except as expressly provided by this section, and except as
provided by resolution of the board of governors, the provisions of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code shall not apply to regulations
adopted by the board of governors.
SEC. 2. SECTION 1. Section 71092 of
the Education Code is amended to read:
71092. (a) The board of governors shall employ and fix the
compensation, in accordance with law, of assistants, clerical, and
other employees as it deems necessary for the effective conduct of
the work of the board and the chancellor's office.
(b) (1) Notwithstanding any other law, except as provided in
paragraph 2 (2) , the Board of
Governors of the California Community Colleges may appoint a person
without permanent civil service status to a position classified as a
career executive assignment, for the positions of vice chancellor or
assistant vice chancellor, if the person meets any of the following:
(A) Has a minimum of five years of work experience in any of the
following:
(i) A local community college.
(ii) A higher education policy position.
(iii) A technical or occupational capacity for which there is a
shortage of qualified workers.
(B) Previously held permanent status in the civil service.
(C) Was employed by the Legislature for two or more consecutive
years.
(D) Held for two or more consecutive years one or more nonelected
exempt positions in the executive branch.
(2) This subdivision does not limit the application of any law
applicable to career executive assignments, including the provisions
of the Government Code and rules of the State Personnel Board, except
as to authorize the appointments described in this subdivision.
SEC. 3. 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.
