BILL ANALYSIS                                                                                                                                                                                                    Ķ



                                                                AB 1663
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        CONCURRENCE IN SENATE AMENDMENTS
        AB 1663 (Dickinson)
        As Amended  June 20, 2012
        Majority vote
         
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        |ASSEMBLY:  |74-0 |(May 7, 2012)   |SENATE: |37-0 |(August 22,    |
        |           |     |                |        |     |2012)          |
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         Original Committee Reference:    ED.  

         SUMMARY  :  Requests the Regents of the University of California (UC) 
        to set a tuition fee for the California State Summer School for 
        Mathematics and Science program, also known as COSMOS, that 
        corresponds to actual program costs, up to but not exceeding $2,810 
        per session in the year 2012, and sets this amount as the base for 
        future 5% annual fee increases.

         The Senate amendments  :

        1)Establish the application fee for the COSMOS program at a maximum 
          amount of $30, instead of $20.

        2)Add a five year sunset to the provisions establishing a base fee 
          of $2,810 for the COSMOS program.

         EXISTING LAW  :

        1)Establishes the COSMOS program to provide academic development to 
          enable pupils with demonstrated academic excellence in mathematics 
          and science to receive intensive educational enrichment in these 
          subjects and an opportunity for pupils who wish to study 
          mathematics or science or to pursue careers that require a high 
          degree of skills in and knowledge of mathematics and science. 

        2)Requests the UC Regents operate the summer school program and to 
          set a tuition fee within a range that corresponds to actual 
          program costs, up to but not exceeding $1,000 in the year 2000, 
          and to increase this fee by an amount of up to 5% each year 
          thereafter.

        3)Stipulates that the cost of the application process for the COSMOS 
          program shall be at least partially offset by charging each 
          applicant a fee not to exceed $20.








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         AS PASSED BY THE ASSEMBLY  , this bill was substantially similar to 
        the version passed by the Senate.

         FISCAL EFFECT :  According to the Senate Appropriations Committee, 
        pursuant to Senate Rule 28.8, negligible state costs.

         COMMENTS  :  The California State Summer School for Mathematics and 
        Science, also known as COSMOS, is an intensive four-week summer 
        residential program for pupils with a demonstrated aptitude for 
        academic and professional careers in the science, technology, 
        engineering, and mathematics (STEM) fields.  Pupils completing 
        grades 8-12, inclusive, have the opportunity to participate in the 
        program, which currently operates at four UC campuses:  UC Davis, UC 
        Irvine, UC San Diego, and UC Santa Cruz.
          
        This bill revises the statute to reflect the current in-state 
        tuition fees assessed for the COSMOS program and sets the base 
        tuition fees at $2,810 for the year 2012; and, revises the amount of 
        the application fee to $30, which is the current fee, as opposed to 
        the $20 amount stipulated in statute.  
          
        Current law specifies that the UC Regents may set a tuition fee 
        within a range that corresponds to actual program costs, up to but 
        not exceeding $1,000 per session in the year 2000, and may increase 
        this fee by an amount up to 5% each year thereafter.  From the year 
        2000 to 2005 the program fees were increased by 5% each year.  
        However, in 2005, SB 755 (Poochigian), Chapter 676, Statutes of 
        2005, increased the tuition level to a maximum of $2,200 for the 
        year 2006 thus representing an allowable 72% increase from the 2005 
        level.  The statutes setting the base fees at $2,200 became 
        inoperative and were repealed on January 1, 2008.  The tuition fees 
        were not restored to the 2005 level, and rather continued to 
        increase by 5% every year thereafter, thus resulting in a tuition 
        fee of $2,810 for the year 2012.  This bill codifies this tuition 
        fee level and continues to limit fee increases to a maximum of 5% 
        per year.
          
        The provisions allowing for the 2006 increase in fees were amended 
        into SB 755 (Poochigian), a bill originally dealing with the 
        Standardized Testing and Reporting (STAR) program.  It is uncertain 
        as to what the rationale was for increasing the fees for two years 
        only, or what circumstance may have led to the need to increase the 
        fees.  It should be noted that in 2005, a fourth program campus 
        started up and the state level per-pupil funding decreased 








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        drastically that year.      

        The University of California, the sponsor of this bill, contends 
        that the fact that the 2006-2007 statutes were not extended was an 
        inadvertent oversight on the part of the UC and this bill seeks to 
        correct it.  The author states, "This bill represents a clarifying 
        technical fix to the Education Code to reflect the tuition that 
        COSMOS is charging California residents for 2012 ($2,810) - and 
        would request that the UC Regents continue to raise annual tuition 
        for California residents by no more than 5% annually.  Current 
        Education Code language is outdated because it references the year 
        2000, with a tuition level of $1,000, as the base for future tuition 
        increases.  Legislation in 2005 raised the tuition level beyond the 
        2000 base amount but has since sunsetted, creating a need to update 
        the Education Code."  According to the UC, establishing the fees at 
        the current levels will ensure that the program continues to serve 
        and admit students at a level consistent with the number of pupils 
        the program has served over the years.    

        Current statutes provide guidelines for tuition fees, eligibility 
        criteria, and other program elements, relative to the operation of 
        COSMOS.  Nevertheless these statues request, and do not require, the 
        UC Regents to operate the program as outlined in the statutes.  The 
        UC's constitutional autonomy places limitations on legislative 
        control over the UC.  The California Constitution (Article IX, 
        Section 9) establishes UC as a public trust and confers the full 
        powers of the UC upon the UC Regents.  However, an argument could be 
        made that the UC's failure to restore the fees to the 2005 levels 
        was inconsistent with legislative intent.   
         
        The author states, "COSMOS helps California meet its need for a 
        talented workforce by encouraging the brightest students in high 
        schools across the state to continue their interest in STEM fields." 
         
         

        Analysis Prepared by  :    Marisol Aviņa / ED. / (916) 319-2087

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