Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 67


Introduced by Assemblybegin delete Memberend deletebegin insert Members Olsen, Chávez, andend insert Gorell

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(Principal coauthor: Assembly Member Conway)

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(Coauthors: Assembly Members Achadjian, Bigelow, Chávez, Beth Gaines, Grove, Hagman, Harkey, Jones, Linder, Logue, Maienschein, Mansoor, Melendez, Morrell, Olsen, Patterson, Wagner, Waldron, and Wilk)

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January 7, 2013


An act to addbegin delete Chapter 3.7 (commencing with Section 66170) to Part 40 of Division 5 of Title 3 ofend deletebegin insert and repeal Section 66025.2 ofend insert the Education Code, relating to public postsecondary education, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 67, as amended, begin deleteGorellend deletebegin insertOlsenend insert. Public postsecondary education: funding.

(1) Existing law establishes the California State University, under the administration of the Trustees of the California State University, the University of California, under the administration of the Regents of the University of California, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as the 3 segments of public postsecondary education in this state. Existing law appropriates funding, in the annual Budget Act and in other statutes, from the state General Fund for the support of these segments. Existing law also authorizes these segments to require their students to pay mandatory systemwide fees and tuition, among other costs, for matriculation at these institutions.

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Proposition 30, known as the Schools and Local Public Safety Protection Act of 2012, was approved by the voters at the November 6, 2012, statewide general election and, among other things, increases personal income tax and sales and use tax rates and provides revenue for public elementary and secondary schools and community colleges.

This bill would express a finding and declaration of the Legislature, and express the intent of the Legislature, relating to the enactment of Proposition 30 by the voters and to the provision of funding to the California State University, the University of California, and the California Community Colleges.

The bill, from the 2013-14 fiscal year to the 2018-19 fiscal year, inclusive, would prohibit mandatory systemwide fees or tuition charged to students of the California State University from exceeding the level of the mandatory systemwide fees or tuition charged to students of the California State University for the 2011-12 fiscal year.

The bill, from the 2013-14 fiscal year to the 2018-19 fiscal year, inclusive, would prohibit the mandatory systemwide fees charged to students of the California Community Colleges from increasing beyond the level of the mandatory systemwide fees charged to students of the California Community Colleges for the 2011-12 fiscal year.

The bill, from the 2013-14 fiscal year to the 2018-19 fiscal year, inclusive, would prohibit the mandatory systemwide fees or tuition charged to students of the University of California from exceeding the level of the mandatory systemwide fees or tuition charged to students of the University of California for the 2011-12 fiscal year.

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This bill would prohibit the Trustees of the California State University from increasing the amounts charged for undergraduate tuition and mandatory statewide fees for California residents from the amounts charged in the preceding fiscal year unless certain increases in appropriation’s related to the California State University are made in specified budget acts. This bill would encourage the Regents of the University of California to refrain from increasing the amounts charged for undergraduate tuition and mandatory statewide fees for California residents in the preceding fiscal year when certain increases in appropriation’s related to the University of California are made in the same specified budget acts. These provisions would be repealed on January 1, 2017.

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(2) This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insertSECTION 1.end insert  

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begin insertSection 66025.2 is added to the end insertbegin insertEducation Codeend insertbegin insert, to read:end insert

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begin insert66025.2.end insert  

(a) (1) Except as provided in paragraph (2), the Trustees of the California State University shall not increase the amounts charged for undergraduate tuition and mandatory statewide fees for California residents from the amounts charged in the preceding fiscal year.

(2) (A) This subdivision shall be operative in the 2013-14 fiscal year only if there is at least a 5 percent increase in the appropriation made by Item 6610-001-0001 of Section 2.00 of the Budget Act of 2013, as compared to the appropriation made by that item in the Budget Act of 2012.

(B) This subdivision shall be operative in the 2014-15 fiscal year only if there is at least a 5 percent increase in the appropriation made by Item 6610-001-0001 of Section 2.00 of the Budget Act of 2014, as compared to the appropriation made by that item in the Budget Act of 2013.

(C) This subdivision shall be operative in the 2015-16 fiscal year only if there is at least a 4 percent increase in the appropriation made by Item 6610-001-0001 of Section 2.00 of the Budget Act of 2015, as compared to the appropriation made by that item in the Budget Act of 2014.

(D) This subdivision shall be operative in the 2016-17 fiscal year if there is at least a 4 percent increase in the appropriation made by Item 6610-001-0001 of Section 2.00 of the Budget Act of 2016, as compared to the appropriation made by that item in the Budget Act of 2015.

(b) (1) The Regents of the University of California are encouraged to refrain from increasing the amounts charged for undergraduate tuition and mandatory statewide fees for California residents from the amounts charged in the 2012-13 fiscal year in either the 2013-14 or 2014-15 fiscal year if there is at least a 5 percent increase in the appropriation made by Item 6440-001-0001 of Section 2.00 of the budget act for that fiscal year, as compared to the appropriation made by that item in the budget act by the preceding fiscal year.

(2) The regents are encouraged to refrain from increasing the amounts charged for undergraduate tuition and mandatory statewide fees for California residents in either the 2015-16 or 2016-17 fiscal year if there is at least a 4 percent increase in the appropriation made by Item 6440-001-0001 of Section 2.00 of the budget act for that fiscal year, as compared to the appropriation made by that item in the budget act for the preceding fiscal year.

(c) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.

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begin insertSEC. 2.end insert  

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This act is an urgency statute necessary for the
15immediate preservation of the public peace, health, or safety within
16the meaning of Article IV of the Constitution and shall go into
17immediate effect. The facts constituting the necessity are:

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18In order to protect the students of the California State University,
19the University of California, and the California Community
20Colleges and their families from unjustified increases in mandatory
21systemwide fees and tuition commencing with the 2013-14 fiscal
22year, it is necessary that this act take effect immediately.

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23

SECTION 1.  

(a) The Legislature finds and declares that
24Proposition 30, known as the Schools and Local Public Safety
25Protection Act of 2012, which was enacted by the voters at the
26statewide general election on November 6, 2012, is estimated to
27raise fifty billion dollars ($50,000,000,000) over a period of seven
28years.

29(b) It is the intent of the Legislature to accomplish both of the
30following:

31(1) In recognition of the promises made to the voters of
32California that the imposition of tax rate increases by the Schools
33and Local Public Safety Protection Act of 2012 would protect
34education, to provide General Fund support for the California State
35University, the University of California, and the California
36Community Colleges in amounts that are at least as large as the
37amounts provided to those respective segments for the 2012-13
38fiscal year, for as long as those higher tax rates are in effect.

39(2) To increase funding to the California State University,
40University of California, and California Community Colleges
P5    1systems to ensure that increases in mandatory systemwide student
2fees or tuition are not required during the period when the higher
3tax rates imposed by the Schools and Local Public Safety
4Protection Act of 2012 will be in effect.

5

SEC. 2.  

Chapter 3.7 (commencing with Section 66170) is added
6to Part 40 of Division 5 of Title 3 of the Education Code, to read:

7 

8Chapter  3.7. Funding for Public Postsecondary
9Education
10

 

11

66170.  

(a) Notwithstanding any other law, from the 2013-14
12fiscal year to the 2018-19 fiscal year, inclusive, mandatory
13systemwide fees or tuition charged to students of the California
14State University shall not exceed the level of the mandatory
15systemwide fees or tuition charged to students of the California
16State University for the 2011-12 fiscal year.

17(b) Notwithstanding Section 76300 or any other law, from the
182013-14 fiscal year to the 2018-19 fiscal year, inclusive, the
19mandatory systemwide fees charged to students of the California
20Community Colleges shall not increase beyond the level of the
21mandatory systemwide fees charged to students of the California
22Community Colleges for the 2011-12 fiscal year.

23(c) Notwithstanding any other law, from the 2013-14 fiscal year
24to the 2018-19 fiscal year, inclusive, mandatory systemwide fees
25or tuition charged to students of the University of California shall
26not exceed the level of the mandatory systemwide fees or tuition
27charged to students of the University of California for the 2011-12
28fiscal year.

29

SEC. 3.  

This act is an urgency statute necessary for the
30immediate preservation of the public peace, health, or safety within
31the meaning of Article IV of the Constitution and shall go into
32immediate effect. The facts constituting the necessity are:

33In order to protect the students of the California State University,
34the University of California, and the California Community
35Colleges and their families from unjustified increases in mandatory
36systemwide fees and tuition commencing with the 2013-14 fiscal
37year, it is necessary that this act take effect immediately.

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