BILL NUMBER: SB 774	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2011

INTRODUCED BY   Senator Hancock
   (Coauthor: Senator Lowenthal)

                        FEBRUARY 18, 2011

   An act to amend Section 76360 of the Education Code, relating to
community colleges.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 774, as amended, Hancock. Public postsecondary education:
parking fees.
   Existing law establishes the California Community Colleges under
the administration of the Board of Governors of the California
Community Colleges. Existing law authorizes the establishment of
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 each district to
impose various fees, including  maximum fees for  parking
services.
   This bill would raise the maximum  fee for parking
services   parking services fee limits  , as
specified, and  provide that   authorize the
governing board of each community college district to annually
increase  the  general fee limit shall increase annually
  fee limits  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.
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  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 fee shall
only be required of students and employees using parking services and
shall not exceed the actual cost of providing parking services.
   (2) To encourage ridesharing and carpooling, the fee shall not
exceed thirty-five dollars ($35) per semester and fifteen dollars
($15) per intersession 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. 
   (3) 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.
 
   (3) The governing board of each community college district may
increase the fee limits imposed by this subdivision 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. The fees may be increased
annually up to the next whole dollar increment above the existing fee
limit that calculation produces. 
   (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 full-time equivalent (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 may 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
thirty dollars ($30) 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.