AB 1358, as introduced, Fong. Student body association: student representation fee.
Existing law authorizes the governing board of a community college district to authorize the students of a college to organize a student body association to encourage students to participate in the governance of the college and conduct any activities, including fundraising activities. Existing law authorizes a student body association to order an election be held to establish a student representation fee of $1 per semester, collected by officials of the community college at or before registration.
This bill would instead authorize the election to establish the fee in the amount of $2, and would require 1⁄2 of the student representation fee to be expended to establish and support the operations of an independent statewide community college student organization, recognized by the Board of Governors of the California Community Colleges, with governmental affairs representatives to advocate before the Legislature and other state and local governmental entities. To the extent that this additional requirement would impose new collection duties on the community colleges, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 76060.5 of the Education Code is
2amended to read:
begin insert(a)end insertbegin insert end insertIf a student body association has been established
4at a community college as authorized by Section 76060, the
5governing body of the association may order that an election be
6held for the purpose of establishing a student representation fee
7ofbegin delete one dollar ($1)end deletebegin insert two dollars ($2)end insert per semester. The election shall
8be held in compliance with regulations of the Board of Governors
9of the California Community Colleges and shall be open to all
10regularly enrolled students of the community college. The
11
affirmative vote of two-thirds of the students voting in the election
12shall be sufficient to establish the fee. However, the election shall
13not be sufficient to establish the fee unless the number of students
14who vote in the election equals or exceeds the average of the
15number of students who voted in the previous three student body
16association elections.
17The
end delete
18begin insert(b)end insertbegin insert end insertbegin insertThe end insertstudent representation fee authorized by this section
19shall be collected by the officials of the community college,
20together with all other fees, at the time of registration or before
21registration and shall be deposited in a separate fiduciary fund
22established per the California Community Colleges Budget and
23
Accounting Manual for student representation fees. The money
24collected pursuant to this section shall be expended to provide for
25the support of governmental affairs representatives who may be
26stating their positions and viewpoints before city, county, and
27district governments, and before offices and agencies of the state
28government.begin delete The end delete
29(c) Fifty cents ($0.50) of every one dollar ($1) collected shall
30be expended to establish and support the operations of an
P3 1independent statewide community college student organization,
2recognized by the Board of Governors of the California Community
3Colleges, with governmental affairs representatives to advocate
4before the Legislature and other state and local governmental
5entities.
6begin insert(d)end insertbegin insert end insertbegin insertThe end insertchief fiscal officer of the community college shall have
7custody of the money collected pursuant to this section and the
8money shall be disbursed for the purposes described above upon
9the order of the governing body of the student body association.
10The district may retain a portion of the fees collected and deposited
11pursuant to this section that is equal to the actual cost of
12administering these fees up to, but not more than, 7 percent.
13The
end delete
14begin insert(e)end insertbegin insert end insertbegin insertThe end insertstudent representation fee authorized by this section
15may be terminated by a majority vote of the students voting in an
16election held for that purpose. The election shall be called and held
17in compliance with regulations of the Board of Governors of the
18California Community Colleges and shall be open to all regularly
19enrolled students of the community college.
20A
end delete
21begin insert(f)end insertbegin insert end insertbegin insertA end insertstudent may, for religious, political, financial, or moral
22reasons, refuse to pay the student representation fee established
23under this section. The refusal shall be submitted in writing to the
24college officials at the time the student pays other fees collected
25by
the college officials. The refusal shall be submitted on the same
26form that is used for collection of fees as provided by the college,
27which, as determined by the college, shall be as nearly as practical
28in the same form as a model form prescribed by regulations of the
29Board of Governors of the California Community Colleges.
No reimbursement is required by this act pursuant to
31Section 6 of Article XIII B of the California Constitution because
32a local agency or school district has the authority to levy service
33charges, fees, or assessments sufficient to pay for the program or
34level of service mandated by this act, within the meaning of Section
3517556 of the Government Code.
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