2009 California Education Code - Section 89030-89049.1 :: Article 2. Powers Of The Trustees

89030.  (a) The trustees shall adopt rules and regulations not
inconsistent with the laws of this state for the government of all of
the following:
   (1) The trustees.
   (2) The appointees and employees of the trustees.
   (3) The California State University.
   (b) The adoption of these rules and regulations shall not be
subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.
   (c) The rules and regulations shall be published for distribution
as soon as practicable after adoption.
   (d) This section shall be liberally construed in order that the
purposes of the Donahoe Higher Education Act pursuant to Part 40
(commencing with Section 66010) of Division 5 may be effectuated.

89030.1.  The trustees shall adopt, amend, or repeal regulations
pursuant to this section instead of pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. As used in this section, "regulation" means
every rule, regulation, order, or standard of general application or
the amendment, supplement, or revision of any rule, regulation,
order, or standard adopted by the university to implement, interpret,
or make specific the law enforced or administered by it, or to
govern its procedure, except one that relates only to the internal
management of the university. "Regulation" does not mean or include
any form prescribed by the university or any instructions relating to
the use of the form, nor does it mean or include a building standard
as defined in Section 18909 of the Health and Safety Code.
   (a) The trustees' office of general counsel shall review the
proposed regulations for matters such as necessity, authority,
clarity, consistency, reference, and nonduplication, and recommend
any proposed action to the trustees. For purposes of this section,
"necessity," "authority," "clarity," "consistency," "reference," and
"nonduplication" shall have the same meaning as defined by Section
11349 of the Government Code.
   (b) Notice of the proposed regulations shall be sent at least 45
days prior to the public hearing to those persons who have requested
notices of the meetings of the trustees and shall be available to the
public in electronic format. The notice shall include the right of
the public to comment orally or in writing on the proposed action
either prior to or during the public hearing.
   (c) At the hearing, the public shall be provided the opportunity
to comment on the proposed action.
   (d) The trustees shall maintain a rulemaking file containing the
public notice, public comments, and minutes of the public hearing,
including the action taken by the trustees.
   (1) The rulemaking file shall contain a summary of each objection
or recommendation made with an explanation of how the proposed action
was changed to accommodate each objection or recommendation, or the
reason or reasons for making no change.
   (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.
   (e) The trustees shall transmit the regulations as finally adopted
to the Secretary of State for filing. Each regulation shall be
effective upon filing with the Secretary of State, and shall be
published in the California Code of Regulations.
   (f) On or before January 15 of each year, the trustees shall
report to the Governor, the Senate Education Committee, and the
Assembly Higher Education Committee as to all regulatory actions
taken by the trustees during the previous calendar year. The report
shall include the statement of reasons for each regulatory action
taken, indicate whether any concerns were raised regarding the
proposed action, and the steps taken by the trustees to alleviate
those concerns.(g) This section shall remain in effect only until
January 1, 2013, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2013, deletes or
extends that date.

89031.  The trustees may establish rules and regulations for the
government and maintenance of the buildings and grounds of the
California State University. Every person who violates or attempts to
violate the rules and regulations is guilty of a misdemeanor.

89031.5.  The trustees shall perform inspections of all motor
vehicles owned by the California State University or under their
jurisdiction. These inspections shall be provided for in the
appropriate administrative manual of the California State University.

89034.  The authority to select and change the name of any
institution of higher education in the California State University
shall be vested in the trustees.

89035.  Wherever in this code a power is vested in the trustees, the
trustees by majority vote may adopt a rule delegating such power to
any officer, employee, or committee as the trustees may designate.
The rule shall prescribe the limits of such delegation.

89036.  (a) (1) The trustees may enter into agreements with any
public or private agency, officer, person, or institution,
corporation, association, or foundation for the performance of acts
or for the furnishing of services, facilities, materials, goods,
supplies, or equipment by or for the trustees or for the joint
performance of an act or function or the joint furnishing of services
and facilities by the trustees and the other party to the agreement.
   (2) Notwithstanding any other provision of law, the trustees shall
prescribe policies and procedures for the acquisition of services,
facilities, materials, goods, supplies, or equipment. The policies
and procedures of the trustees for the acquisition of materials,
goods, supplies, or equipment shall include competitive means for
obtaining best value while complying with legislative intent
regarding competitive bids or proposals as it is expressed in Article
3 (commencing with Section 10300) of Chapter 2 of Part 2 of Division
2 of the Public Contract Code, and may include the use of financing
arrangements.
   (3) The trustees may enter into agreements with the federal
government or any agency thereof in accordance with the procedures
prescribed by the federal government or agency in order to receive
the benefits of any federal statute extending benefits to the
California State University or to California State University
students, including, but not necessarily limited to, both of the
following:
   (A) Agreements with any agency of the federal government for the
education of persons in the service of the federal government.
   (B) Agreements with any agency of the federal government for the
education of veterans. These agreements shall provide for payment of
the maximum amount permitted under the act, or acts, of Congress
under which the agreement is entered into.
   (4) Notwithstanding any other provision of law, the trustees have
all power necessary to perform any acts, and comply with conditions,
required or imposed by the federal government in order to receive the
benefits. The trustees are vested with all necessary power and
authority to cooperate with any agency of the federal government in
the administration of any applicable act of Congress and rules and
regulations adopted thereunder.
   (b) Notwithstanding any other provision of law, the trustees have
all power necessary to award contracts to one or more contractors, at
any one or more campuses, for the collection of delinquent education
loans required to be repaid under federal law.

89037.  The trustees may establish facilities for training deaf
persons at the campus of the California State University which the
trustees shall designate for such purpose. The trustees shall do all
of the following:
   (a) Request the Department of Rehabilitation to refer deaf
students to the designated state university.
   (b) Recognize the designated campus of the California State
University as a professional center for training deaf persons and
take all action necessary to facilitate the receipt by the campus of
state and federal funds.

89038.  The trustees may enter into agreements with any agency of
the federal government for the construction of housing and other
educational facilities for students and faculties of any campus of
the California State University under the jurisdiction of the
trustees if they determine that the income, rent, and charges for the
use of the facilities will be sufficient in amount to repay the
principal and interest on the amount secured from the federal
government for the construction of the facilities.
   The trustees may also enter into agreements with any agency of the
federal government which result in grants, matching funds, or any
other kind of financial aid for construction of housing and other
educational facilities for students and staff of any campus of the
California State University under the jurisdiction of the trustees.
   Notwithstanding any other provision of law, whenever necessary to
secure the full benefits of any federal statutes pertaining to loans,
grants, matching funds, or any other kind of financial aid to
educational institutions for housing and other educational
facilities, the trustees may give such security as may be required
and may comply with such conditions as may be imposed by the federal
government.

89039.  (a) Notwithstanding anything to the contrary in Article 2
(commencing with Section 1940) of Chapter 2 of Part 7 of Division 2
of the Labor Code, the trustees may enter into an agreement with any
political entity mentioned in Section 87422 for the exchange and
employment of persons serving as teachers in state college laboratory
demonstration elementary schools and employees of public schools of
the political entity. The exchange and employment shall be made under
comparable circumstances, subject to comparable conditions, with
comparable effect as to tenure and retirement rights, subject to
comparable requirements as to payment of salary and deductions
therefrom, and for the same period of time as set forth in Sections
87422, 87423, and 87424 with respect to the exchange of school
district employees, except that the circumstances, conditions,
rights, and requirements shall be those appropriate to the employment
relationship between the teachers and the trustees.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.

89041.  The trustees may give in the name of the State of California
such bond as may be required by the federal government, or any
officer or agency thereof, for the care, safekeeping, and return of
property of the United States issued to the California State
University for the Reserve Officer Training Corps unit maintained at
the campus.

89042.  The trustees may issue subpoenas to compel the attendance of
witnesses before the trustees, or any member thereof, in the same
manner as any court in this state. Whenever the testimony of any
witness upon any matter pending before them is material, the trustees
shall cause the attendance of the witnesses before the trustees, or
a member of the trustees, to testify concerning the matter, and the
trustees may make a reasonable allowance for this purpose not
exceeding the fees of witnesses in civil cases. The allowance shall
be paid for out of the appropriation for the expenses of the
trustees, but in no instance shall an allowance be made in favor of a
witness who appears in behalf of a claimant. The provisions of this
section shall not apply to proceedings conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code.

89043.  The trustees shall have the powers conferred upon heads of
departments of the state by Article 2 (commencing with Section
11180), Chapter 2, Part 1, Division 3, Title 2 of the Government
Code.

89044.  The trustees may budget an amount to be expended for use in
carrying out the community relation responsibilities of the president
of each campus of the California State University and of the
chancellor, as defined by the trustees.

89045.  (a) The trustees shall establish an internal audit staff,
which shall include the staff positions authorized for internal
auditing. The internal auditing staff shall report directly to the
trustees, and shall be available for consultation with any audit
committee of the trustees which may be established by the trustees.
   (b) The duties of the internal audit staff shall include, but
shall not necessarily be limited to, auditing, reviewing, cost and
systems analysis, analyzing, and recommending operating procedures
for the California State University.
   (c) Management audits shall be made to determine the effectiveness
and efficiency of the organization, operation, and procedures of
each state university, each auxiliary organization, and the office of
the chancellor. Officials and employees of each state university,
each auxiliary organization, and the office of the chancellor shall
furnish all books, papers, contracts, management charts, and related
information necessary for management audits.
   (d) In addition, the internal audit staff shall perform audits, at
least once every five years, of the activities of the California
State University pursuant to Sections 89031.5, 89036, 89046, and
89048 and Section 11007.7 of the Government Code.

89046.  The trustees may lease any property of a state university
for any purpose that they consider is not inconsistent with the
functions of the California State University including, but not
limited to:
   (a) The lease of state university property to a nonprofit
organization composed exclusively of students of the university or of
members of the faculty of the university, or both, for purposes
related to the activities of the university or for the activities of
student or faculty organizations.
   (b) The lease of state university property to any nonprofit
organization for the purpose of constructing and using thereon
buildings as living quarters for students of the university and as
meetingplaces.
   (c) The lease to any student or faculty organization of the
university of property for the purpose of establishing and
maintaining cooperative stores, and cafeterias in connection with
such stores.
   Any rental received by the trustees under this or other leasing
sections shall be deposited in the State Treasury and credited to the
support appropriation of the California State University current
during the period of occupancy.

89047.  (a) The trustees and the governing board of any school
district within which a campus of the California State University is
located may enter into an agreement providing for the leasing by the
state of a school building of the school district for use by the
campus as a laboratory demonstration elementary school on terms and
conditions that may be agreed upon by the trustees and the governing
board of the school district except as otherwise provided in this
section.
   (b) The lease may be for a period not to exceed 20 years and, in
addition to any other terms and conditions set forth therein, shall
do all of the following:
   (1) Require the school district to maintain the building at its
own expense.
   (2) Require the campus to maintain a school therein open to pupils
of the school district residing in the attendance district for the
school as established by the governing board of the district.
   (3) Require the school district to pay annually to the state on or
before the end of each fiscal year an amount determined by computing
the current expenditures per pupil in the elementary schools of the
district for the fiscal year and multiplying the amount so computed
by the average daily attendance for the fiscal year in the school in
excess of 400.
   (c) Only the average daily attendance in the school in excess of
400 shall be credited to the school district.
   (d) The average daily attendance of pupils in the school shall be
computed separately in the same manner as the average daily
attendance in other schools of the same grade maintained by the
school district.

89048.  Notwithstanding Article 1 (commencing with Section 11000) of
Chapter 1 of Part 1, Article 2 (commencing with Section 14660) of
Chapter 2 of Part 5.5, and Part 11 (commencing with Section 15850),
of Division 3 of Title 2 of the Government Code, or any other
provision of law, the trustees may perform the following functions,
without prior approval of any other state department or agency, when
necessary to carry out the purposes of the California State
University:
   (a) Acquire easements or rights-of-way necessary for the proper
utilization of real property of the California State University.
   (b) Grant and convey in the name of the California State
University easements and rights-of-way across property belonging to
the California State University subject to the conditions,
limitations, restrictions, and reservations the trustees determine
are in the best interests of the California State University.
   (c) Quitclaim the right, title, and interest of the California
State University in and to easements and rights-of-way owned by the
California State University which the trustees determine are no
longer needed for California State University purposes.
   (d) Sell, lease, or exchange any personal property belonging to
the California State University, if the trustees determine that the
sale, lease, or exchange is in the best interests of the California
State University. Transactions under this subdivision shall be for
consideration based on fair market values.
   (e) Lease any real or personal property for the use of the
California State University.
   (f) Sell, exchange, or otherwise dispose of real property acquired
from revenues generated by the parking and housing programs in the
California State University, to a recognized auxiliary organization
of the California State University, as authorized by Section 89901.
The sale, exchange, or other disposition shall be consistent with the
requirements of any indenture or other agreement to which the
trustees are a party. Transactions under this subdivision shall be
for consideration based on the fair market value of the property to
be sold, exchanged, or otherwise disposed of, and shall be subject to
the following conditions:
   (1) Where more than one auxiliary organization of the California
State University expresses interest in acquiring the property, the
sale, exchange, or other form of disposal shall be awarded to the
highest responsible bidder. The net present value of the projected
proceeds of a bid shall be used to determine the highest responsible
bidder, where applicable.
   (2) When the real property for sale is an improvement situated on
land purchased with funds not generated by the parking or housing
programs of the California State University, rights to the land upon
which the improvement is situated, and access thereto, shall be
leased and not sold or exchanged to the acquiring party.
   (3) When the real property for sale includes land purchased with
funds generated by the parking or housing programs of the California
State University, the property shall have at least one border with
property that is not owned by the California State University.
   (g) Acquire, when it is in the best interests of the state, real
property with revenues generated by the parking and housing programs
of the California State University.
   (1) Any acquisition of real property carried out pursuant to this
subdivision shall be reported annually to the Joint Legislative
Budget Committee and to the Department of Finance by January 5 of
each year.
   (2) Any acquisition carried out pursuant to this subdivision shall
include relocation assistance, when appropriate.

89048.5.  Notwithstanding any other provision of law, the trustees
shall include in the contract of conveyance of any real property sold
by the California State University a statement that if it is
subsequently determined that the property subject to conveyance
contains a Native American burial ground, that fact shall be reported
to the Legislature and the property may revert to the state if a
statute is enacted requiring that reversion.

89049.1.  Notwithstanding Article 1.5 (commencing with Section
16360) of Chapter 2 of Part 2 of Division 4 of Title 2 of the
Government Code, money received by the state from the United States
for distribution by the trustees for student financial aid purposes
shall not be remitted to the Federal Trust Fund, but shall only be
reported to the Director of Finance for accounting purposes.