BILL NUMBER: SB 82	CHAPTERED
	BILL TEXT

	CHAPTER  619
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2010
	PASSED THE SENATE  AUGUST 27, 2010
	PASSED THE ASSEMBLY  AUGUST 19, 2010
	AMENDED IN ASSEMBLY  AUGUST 16, 2010
	AMENDED IN ASSEMBLY  JUNE 14, 2010
	AMENDED IN ASSEMBLY  APRIL 8, 2010
	AMENDED IN ASSEMBLY  SEPTEMBER 4, 2009

INTRODUCED BY   Senator Hancock
   (Coauthor: Assembly Member Chesbro)

                        JANUARY 20, 2009

   An act 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, Hancock. Community colleges: transportation fees.
   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 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 a specified 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 require these fee limits to increase
annually based on a specified calculation.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 76361 of the Education Code is repealed.
  SEC. 2.  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) The governing board of a community college district to which
this section applies shall not enter into, or extend, a contract for
transportation services provided by a common carrier or a municipally
owned transit system, funded by the proceeds of a fee authorized
under this section, unless and until a majority of the students of
that district who vote in an election, held no more than 10 years
prior to the date of the expiration of the contract proposed to be
entered into or no more than 10 years prior to the date to which it
is proposed that an existing contract be extended, have approved the
payment of the fee for this purpose.
   (2) 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.
   (3) 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) The fee limit imposed by this subdivision shall increase
annually by the same percentage increase as the Implicit Price
Deflator for State and Local Government Purchases of Goods and
Services published by the United States Department of Commerce.
   (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.