BILL NUMBER: SB 82 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 14, 2010
AMENDED IN ASSEMBLY APRIL 8, 2010
AMENDED IN ASSEMBLY SEPTEMBER 4, 2009
INTRODUCED BY Senator Hancock
JANUARY 20, 2009
An act to amend Section 76360 of, to amend and renumber Section
76361.1 of, and to repeal Section 76361 of, the Education Code,
relating to community colleges.
LEGISLATIVE COUNSEL'S DIGEST
SB 82, as amended, Hancock. Community colleges: parking and
transportation fees.
(1) Existing law establishes the California Community Colleges,
administered by the Board of Governors of the California Community
Colleges, as one of the segments of public postsecondary education in
the state. Existing law establishes community college districts
under the administration of community college governing boards ,
and authorizes these districts to provide instruction at
community college campuses throughout the state.
Existing law authorizes the governing board of a community college
district to require students and employees of the district who use
parking services to pay a parking services fee, in an amount not
exceeding $40 per semester and $20 per intersession, and requires
that the fee not exceed the actual cost of providing parking
services. Existing law requires that these fees not exceed $30 per
semester and $10 per intersession for students who rideshare or
carpool. Existing law authorizes a governing board to require payment
of a parking fee in excess of these limits for the purpose of
funding construction of on-campus parking facilities under certain
conditions.
This bill would increase the limits on the parking services fee to
$50 per semester and $25 per intersession, and $35 per semester and
$15 per intersession for students who rideshare or carpool. The bill
would authorize the governing board of a community college district
to increase these fees based on a specified calculation.
(2) Existing law authorizes the governing board of a community
college district to require students and employees at a campus of the
district to pay a fee for the transportation costs incurred by the
district or the costs of reducing fares for services provided by
common carriers or municipally owned transit systems to students and
employees. Existing law limits the amount of that fee to an amount
that does not exceed $60 per semester and $30 per intersession when
combined with the parking services fee.
This bill would increase the combined limit of the transportation
fee and the parking services fee to $70 per semester or $35 per
intersession. The bill would authorize the governing board of a
community college district to increase these fees based on a
specified calculation.
(3) Existing law prohibits the governing board of a
community college district from entering into, or extending, a
contract for transportation services provided by a common carrier or
a municipally owned transit system funded by the proceeds of a
transportation fee, unless a majority of the students of the district
voting in a specified election approve the payment of the fee for
that purpose.
The bill would repeal the provisions that prohibit a governing
board from entering into, or extending, a contract for transportation
services provided by a common carrier or municipally owned transit
system unless approved by a vote of the students.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 76360 of the Education Code is amended to read:
76360. (a) (1) The governing board of a community college
district may require students in attendance and employees of the
district to pay a fee, in an amount, not to exceed fifty dollars
($50) per semester and twenty-five dollars ($25) per intersession, to
be established by the board, for parking services. The
board may require only the students and employees using parking
services to pay the fee fee shall only be required of
students and employees using parking services, and the fee
shall not exceed the actual cost of providing parking services.
(2) To encourage ridesharing and carpooling, for a student who
certifies, in accordance with procedures established by the board,
that he or she regularly has two or more passengers commuting to the
community college with him or her in the vehicle parked at the
community college, the fee shall not exceed thirty-five dollars ($35)
per semester and fifteen dollars ($15) per intersession.
(3) Notwithstanding paragraphs (1) and (2), in any fiscal year,
the governing board of a community college district may increase a
fee authorized by this subdivision by up to the same
percentage as the increase in the Implicit Price Deflator for State
and Local Government Purchases of Goods and Services published by the
United States Department of Commerce between January 1, 2011,
and the operative date of a proposed increase in this fee .
(b) (1) The governing board may require payment of a parking fee
at a campus in excess of the limits set forth in subdivision (a) for
the purpose of funding the construction of on-campus parking
facilities if both of the following conditions exist at the campus:
(A) The number of full-time equivalent students (FTES) per parking
space on the campus exceeds the statewide average FTES per parking
space on community college campuses.
(B) The market price per square foot of land adjacent to the
campus exceeds the statewide average market price per square foot of
land adjacent to community college campuses.
(2) If the governing board requires payment of a parking fee in
excess of the limits set forth in subdivision (a), the fee shall not
exceed the actual cost of constructing a parking structure.
(c) Students who receive financial assistance pursuant to any
programs described in subdivision (g) of Section 76300 shall be
exempt from parking fees imposed pursuant to this section that exceed
twenty dollars ($20) per semester.
(d) The governing board of a community college district may also
require the payment of a fee, to be established by the governing
board, for the use of parking services by persons other than students
and employees.
(e) All parking fees collected shall be deposited in the
designated fund of the district in accordance with the California
Community Colleges Budget and Accounting Manual, and shall be
expended only for parking services or for purposes of reducing the
costs to students and employees of the college of using public
transportation to and from the college.
(f) Fees collected for use of parking services provided for by
investment of student body funds under the authority of Section 76064
shall be deposited in a designated fund in accordance with the
California Community Colleges Budget and Accounting Manual for
repayment to the student organization.
(g) "Parking services," as used in this section, means the
purchase, construction, and operation and maintenance of parking
facilities for vehicles and motor vehicles, as defined by Sections
415 and 670 of the Vehicle Code.
SEC. 2. Section 76361 of the Education Code is repealed.
SEC. 3. Section 76361.1 of the Education Code is amended and
renumbered to read:
76361. (a) The governing board of a community college district
may require students in attendance and employees at a campus of the
district to pay a fee for purposes of partially or fully recovering
transportation costs incurred by the district or of reducing fares
for services provided by common carriers or municipally owned transit
systems to these students and employees.
(b) Fees authorized by subdivision (a) for transportation services
may be required to be paid only by students and employees using the
services, or, in the alternative, by any of the following groups of
people:
(1) Upon the favorable vote of a majority of the students and a
majority of the employees of a campus of the district, who voted at
an election on the question of whether or not the governing board
should require all students and employees at the campus to pay a fee
for transportation services for a period of time to be determined by
the governing board of the district, the fees may be required to be
paid by all students, other than those students who are exempt from
the fees pursuant to subdivision (c), and all employees of the campus
of the community college district.
(2) Upon the favorable vote of a majority of the students at a
campus of the district, who voted at an election on the question of
whether or not the governing board should require all students to pay
a fee for transportation services for a period of time to be
determined by the governing board of the district, the fees may be
required to be paid by all students, other than those students who
are exempt from the fees pursuant to subdivision (c), at the campus
of the community college district. However, the employees shall not
be entitled to use the services.
(3) Upon the favorable vote of a majority of the students at a
campus of the district taking a specified number of course credits
for a specified duration, to be determined by the governing board,
who voted at an election on the question of whether or not the
governing board should require all students taking that prescribed
number of course credits to pay a fee for transportation services for
a period of time to be determined by the governing board of the
district, the fees may be required to be paid by those students
taking the prescribed number of course credits, except those students
who are exempt from the fees pursuant to subdivision (c), at the
campus of the community college district. However, the employees
shall not be entitled to use the services.
(c) If a fee is required of students for transportation services
pursuant to paragraph (1) or (2) of subdivision (b), the fee required
of a part-time student shall be a pro rata lesser amount than the
fee charged to full-time students, depending on the number of units
for which the part-time student is enrolled. Notwithstanding any
other law, the governing board of a community college district that
provides for transportation services may adopt rules and regulations
to exempt low-income students from this fee, or to require low-income
students to pay all or part of this fee.
(d) Notwithstanding any other law:
(1) An election held pursuant to this section shall be held in
accordance with regulations adopted by the board of governors to
ensure that the election is publicly noticed and that all students,
including full-time, part-time, evening, and weekend students, have
an opportunity to vote in the election.
(2) If the governing board of a community college district decides
to seek to terminate or alter the arrangements under which the
district receives transportation services from a common carrier or
municipally owned transit system, the governing board shall provide
at least 12 months' notice of that intention to the provider of
transportation services.
(e) (1) The total fees to be established periodically by the
governing board pursuant to this section shall not exceed the amount
necessary to reimburse the district for transportation costs incurred
by the district in providing the transportation service. The sum of
the fee authorized pursuant to this section for transportation
services and the fee authorized pursuant to Section 76360 for parking
services shall not exceed seventy dollars ($70) per semester or
thirty-five dollars ($35) per intersession, or the proportionate
equivalent for part-time enrollment.
(2) Notwithstanding paragraph (1), in any fiscal year, the
governing board of a community college district may increase a fee
authorized by this subdivision by up to the same
percentage as the increase in the Implicit Price Deflator for State
and Local Government Purchases of Goods and Services published by the
United States Department of Commerce between January 1, 2011,
and the operative date of a proposed increase in this fee .
(f) The governing board of a community college district also may
require the payment of a fee, to be fixed by the governing board, for
the use of transportation services by persons other than students
and employees.
(g) This section does not apply to, and a fee shall not be charged
for, on-campus shuttles or other transportation services operated on
a campus or between the campus and parking facilities owned by the
district.