Today's Law As Amended


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AB-1328 Postsecondary education: community college trustee areas.(1999-2000)



As Amends the Law Today


SECTION 1.

 Section 5019.5 of the Education Code is amended to read:

5019.5.
 (a) Following each decennial federal census, the  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 shall adopt trustee area boundaries pursuant to Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code. 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: 
(b) (1)  Notwithstanding subdivision (a) of Section 21130 of the Elections Code, if a school district or community college district has one or more multiple-member trustee areas, the governing board shall adopt the boundaries of the areas of the district so that the  The  population of each area is substantially  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, as required by the United States Constitution. Substantial proportionality of population shall be based on the total population of residents as provided in paragraphs (1) and (2) of subdivision (a) of Section 21130 of the Elections Code. 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 of 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) 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 the 30th day of April of the same year.
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.
(c) (d)  Except as provided in subdivision (a), 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 and Division 21  or under Article 3  (commencing with Section 21000) of the Elections Code, as applicable. 72022) of Chapter 1 of Part 45. 

SEC. 2.

 Article 4 (commencing with Section 72040) is added to Chapter 1 of Part 45 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 and any other provisions of Chapter 1 (commencing with Section 5000) of Part 4, Article 3 (commencing with 72022) of Chapter 1 of Part 45 of this code, 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, 2001, 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 through 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, 2001, shall be filled by election at large. The trustees elected at that election each shall serve a four-year term.
(2) The three trustee positions that will expire on June 30, 2003, shall be filled by three trustees elected by trustee area for four-year terms.
(3) The trustee areas in which elections will be held in 2003 shall be determined by lot.
(4) The remaining trustee positions shall be elected by trustee area in 2005.

SEC. 3.

 Section 72031 of the Education Code is amended and renumbered to read:

72031. 72044. 
 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 or full-time equivalent student  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 the  community college district.
(b) Commencing with the 2019 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 by trustee area. The trustee shall be required to reside and be registered to vote in the trustee area he or she seeks to represent, and the trustee shall be elected by only the registered electors of the same trustee area. Upon certification of the election, the candidate with the highest number of votes for a trustee area shall be deemed the candidate elected for that trustee area.
SEC. 4.
 The Legislature finds and declares that due to the unique circumstances applicable to the Los Angeles Community College District relating to its size, a statute of general applicability cannot be made applicable within the meaning of subdivision (b) of Section 16 of Article IV of the California Constitution.
SEC. 5.
 Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.