BILL ANALYSIS Ķ AB 1663 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1663 (Dickinson) As Amended June 20, 2012 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |74-0 |(May 7, 2012) |SENATE: |37-0 |(August 22, | | | | | | |2012) | ----------------------------------------------------------------- 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. AB 1663 Page 2 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 AB 1663 Page 3 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 FN: 0004405