Bill Text: CA SB628 | 2017-2018 | Regular Session | Introduced

California Senate Bill 628 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Local educational agencies: governing board elections: Los Angeles Community College District.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2017-09-11 - Chaptered by Secretary of State. Chapter 243, Statutes of 2017. [SB628 Detail]

Download: California-2017-SB628-Introduced.html

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 628

Introduced by Senator Lara

February 17, 2017

An act to amend Sections 5225 and 72031 of, and to repeal Sections 5224 and 5224.1 of, the Education Code, relating to local educational agencies.

LEGISLATIVE COUNSEL'S DIGEST

SB 628, as introduced, Lara. Local educational agencies: governing board elections: Los Angeles Community College District.

(1) Existing law requires the governing board of a school district or community college district that is situated wholly or partly within a city containing a population of over 1,900,000 according to the 1950 federal census to be composed of 7 members elected at-large at the same time and manner of the city council of that city, as specified.

This bill would delete this provision. The bill would also make changes in other code sections to conform to this deletion.

(2) 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 establishes community college districts, administered by a governing board, throughout the state. Existing law requires members of the governing board of the Los Angeles Community College District to be elected at large in a manner established by a specified statute. Existing law also authorizes the governing board of the Los Angeles Community College District to adopt a resolution by majority vote to enact an alternative method by which members of the governing board may be elected at large and by individual seat number, as specified.

This bill would delete the provision requiring the members of the governing board of the Los Angeles Community College District to be elected at large in a manner established by a specified statute.

(3) This bill would make legislative findings and declarations as to the necessity of a special statute for the Los Angeles Community College District.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 5224 of the Education Code is repealed.

5224.
In any school district or community college district situated wholly or partly within a city containing a population of over 1,900,000 according to the 1950 federal census, the governing board shall be composed of seven members holding office numbers 1, 2, 3, 4, 5, 6, and 7, and shall be elected at large at the same time and in the same manner as the members of the city council of said city, and shall serve for a term of four years. The four members of such board whose terms of office expire July 1, 1947, shall be considered as holding office numbers 1, 3, 5, and 7 (such members within 15 days after the effective date of Chapter 725 of the Statutes of 1945 to determine by lot at a regular board meeting the number of the office each holds), and the remaining offices shall be known as office numbers 2, 4, and 6 (to be allocated by lot in the same manner as hereinbefore provided for office numbers 1, 3, 5, and 7). All such members’ terms shall commence on the first day of April next succeeding their election.

SEC. 2.

Section 5224.1 of the Education Code is repealed.

5224.1.
Section 5224 does not apply to a school district that is situated in a city governed by a charter that provides for a governing board consisting of not less than seven members who are elected from districts that contain, as nearly as practicable, equal fractions of the total population of the school district. The governing board of the school district shall be elected and constituted as provided in the charter and other applicable law.

SEC. 3.

Section 5225 of the Education Code is amended to read:

5225.

Notwithstanding Section 5033, when a unified school district is formed pursuant to Chapter 4 (commencing with Section 35700) of Part 21 of Division 3 of Title 2, which includes a city school district having a city board of education as provided under former Section ~~5224,~~ 5224 as it existed on January 1, 2017, the unified school district shall be governed by ~~said~~ that city board of ~~education~~ education, and the governing board members thereof shall continue in office for the remainder of their terms as elected pursuant to former Section ~~5224.~~ 5224 as it existed on January 1, 2017.

SEC. 4.

Section 72031 of the Education Code is amended to read:

72031.

The provisions of this section shall apply only to the Los Angeles Community College District.

(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 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)~~

(b) 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. 5.

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 needs of the Los Angeles Community College District. The enactment of Section 4 of this act is therefore necessary.