BILL NUMBER: AB 938	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 18, 2014
	AMENDED IN SENATE  JUNE 5, 2014
	AMENDED IN SENATE  JUNE 25, 2013
	AMENDED IN ASSEMBLY  MAY 20, 2013
	AMENDED IN ASSEMBLY  APRIL 22, 2013

INTRODUCED BY   Assembly Member Weber

                        FEBRUARY 22, 2013

   An act to amend Section 89700 of, and to add Section 66025.6 to,
the Education Code, relating to public postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 938, as amended, Weber. Public postsecondary education: fees.
   Existing law establishes the California Community Colleges, the
California State University, and the University of California as the
3 segments of public postsecondary education in this state. Existing
law establishes community college districts throughout the state, and
authorizes them to provide instruction at community college
campuses. Under existing law, the California State University
comprises 25 campuses and the University of California comprises 10
campuses. Under existing law, the segments are authorized to impose
fees on their students, both on a systemwide basis and with respect
to individual campuses.
   This bill would prohibit  , on and after July 1, 2015, a
campus of the California Community Colleges or  the
California State University from imposing a new  campus
  student success  fee, as defined, or increasing
the amount of an existing  campus   student
success  fee, unless the imposition of the new fee or the
increase of the existing fee is approved by a majority vote of the
students of that campus who vote in an election held for that
purpose. The bill would require that, in the event that a new
 campus   student success  fee or an
increase in the amount of an existing  campus  
student success  fee is approved by the students of a campus in
an election held under the bill, an oversight committee, with
designated membership, be established.
   The bill would urge the Regents of the University of California to
adopt regulations and procedures relating to the imposition of new
campus fees or increases in the amount of existing campus fees that
would be equivalent to the requirements of this bill.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 66025.6 is added to the Education Code, to
read:
   66025.6.  Notwithstanding any other law:
   (a)  On and after July 1, 2015, a campus of the California
Community Colleges or the   The   
California State University may only impose a new  campus
  student success  fee, or increase the amount of
an existing  campus   student success  fee,
if the imposition of the new fee or the increase of the existing fee
is approved by a majority vote of the students of that campus who
vote in an election held for that purpose.
   (b) The ballot used in an election held pursuant to subdivision
(a) shall include a specific description of the purposes for which
the proceeds of the proposed fee would be expended.
   (c) In the event that a new  campus   student
success  fee or an increase in the amount of an existing
 campus   student success  fee is approved
by the students of a campus in an election held pursuant to
subdivision (a), an oversight committee shall be established under
this subdivision. The oversight committee shall be composed of
students appointed by the student body organization of that campus,
faculty members appointed by the faculty senate of that campus, and
administrators appointed by the president of that campus, with the
distribution of the membership of that oversight committee among
those three groups being determined by the student body organization
of that campus.
   (d) As used in this section,  "campus fee" means a fee
that is charged only to the students of a particular campus of the
California Community Colleges or the California State University, and
is thus distinguishable from a systemwide fee.  
"student success fee" has the same meaning as that term is defined in
paragraph (2) of subdivision (d) of Section 89712. 
  SEC. 2.  Section 89700 of the Education Code is amended to read:
   89700.  (a) Except as required pursuant to Section 66025.6, the
trustees may by rule require all persons to pay fees, rents,
deposits, and charges for services, facilities or materials provided
by the trustees to those persons. The trustees may, by rule, provide
for the method of collecting such fees, rents, deposits, and charges,
and may, by rule, provide for the refund in whole or part of those
fees, rents, deposits, and charges collected in error or collected
for facilities, services, or materials not utilized.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
  SEC. 3.  The Regents of the University of California are urged to
adopt regulations and procedures relating to the imposition of new
campus fees or increases in the amount of existing campus fees that
would be equivalent to the requirements of Section 66025.6 of the
Education Code as enacted by the act that adds this section.