California Assembly Bill AB1989 Amended / Bill

 BILL NUMBER: AB 1989AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 19, 2010 INTRODUCED BY Assembly Member Mendoza FEBRUARY 17, 2010 An act to amend  Section 1000 of   , repeal, and add Section 1000 of, and to add Section 1000.1 to,  the Education Code, relating to county boards of education. LEGISLATIVE COUNSEL'S DIGEST AB 1989, as amended, Mendoza. County boards of education: election. (1) Existing law requires that a county board of education consist of 5 or 7 members to be determined by the county committee on school district organization, except in a city and county, and that each member of the board be an elector of the trustee area that he or she represents and be elected by the electors of the trustee area. Existing law provides that in a chartered county the manner of selection of the county board of education is required to be prescribed in the county charter or by the county board of supervisors. This bill would delete the provision regarding chartered counties  , thereby requiring   and require  members of the county board of education in those counties to be elected at the direct primary election held in 2014 by the voters of the trustee area that the member will represent. Four of the 7 seats, or 3 of the 5 seats, on these county boards of education would be open for election to initial 4-year terms and 3 of the 7 seats, or 2 of the 5 seats, would be open for election to initial 2-year terms. The bill would require subsequent elections be held on the date of the direct primary elections and to be for 4-year terms. The term of office would begin on the first day of July  following a member's election  . The county committee on school district  reorganization   organization  , by a 2/3 vote of the members and pursuant to existing law, would determine the boundaries of the trustee areas using the most recent decennial federal census. By increasing the duties of local elections officials, this bill would impose a state-mandated local program. (2) 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. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 1000 of the   Education Code   is amended to read:  1000.  (a)    Except in a city and county, there shall be a county board of education, which shall consist of five or seven members to be determined by the county committee on school district organization. Each member of the board shall be an elector of the trustee area  which   that  he  or she  represents and shall be elected by the electors of the trustee area. In chartered counties the manner of selection of the county board of education shall be prescribed in the county charter, or by the county board of supervisors. In a county unified school district or in a unified or elementary school district  which  that  includes all of the territory over which a county superintendent of schools has jurisdiction, the governing board of the district shall serve as the county board of education.  (b) This section shall become inoperative on July 1, 2014, and, as of January 1, 2015, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2015, deletes or extends the dates on which it becomes inoperative and is repealed.   SEC. 2.   Section 1000 is added to the   Education Code   , to read:   1000. (a) Except in a city and county, there shall be a county board of education, which shall consist of five or seven members to be determined by the county committee on school district organization. Each member of the board shall be an elector of the trustee area that he or she represents and shall be elected by the electors of the trustee area. In a county unified school district or in a unified or elementary school district that includes all of the territory over which a county superintendent of schools has jurisdiction, the governing board of the district shall serve as the county board of education. (b) This section shall become operative on July 1, 2014.   SECTION 1.   Section 1000 of the Education Code is amended to read: 1000. (a) Except in a city and county, there shall be a county board of education, which shall consist of five or seven members to be determined by the county committee on school district organization. Each member of the board shall be an elector of the trustee area that he or she represents and shall be elected by the electors of the trustee area. In a county unified school district or in a unified or elementary school district that includes all of the territory over which a county superintendent of schools has jurisdiction, the governing board of the district shall serve as the county board of education. (b) If,   SEC. 3.   Section 1000.1 is added to the   Education Code   , to read:   1000.1.   Notwithstanding Section 1007, if,  on January 1, 2011, a county charter  or a county board of supervisors  provides for an appointed county board of education, the county board of education shall thereafter be elected pursuant to the following procedures:  (1)   (a)  At the direct primary election held in 2014, four of the seven seats, or three of the five seats, on the county board of education  , corresponding to the odd-numbered trustee areas,  shall be open for election to initial four-year terms and  the remaining  three of the seven seats, or two of the five seats, on the county board of education shall be open for election to initial two-year terms. Subsequent elections shall be held on the date of the direct primary elections and shall be for four-year terms.  (2)   (b)  After their election, members shall take office on the first day of July.  (3)   (c)  The county committee on school district  reorganization   organization  , by a two-thirds vote of the members and pursuant to Section 1002, shall determine the boundaries of the trustee areas using the most recent decennial federal census  and shall assign successive numbers to those trustee areas  .  (4)   (d)  The change from an appointed board to an elected board shall not change the benefits to which members of the county board of education are entitled. Changes in those benefits shall occur under existing guidelines and procedures in place within the county.  SEC. 2.   SEC. 4.  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.