BILL NUMBER: AB 1358	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fong

                        FEBRUARY 22, 2013

   An act to amend Section 76060.5 of the Education Code, relating to
community colleges.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 76060.5 of the Education Code is amended to
read:
   76060.5.   (a)    If a student body association
has been established at a community college as authorized by Section
76060, the governing body of the association may order that an
election be held for the purpose of establishing a student
representation fee of  one dollar ($1)   two
dollars ($2)  per semester. The election shall be held in
compliance with regulations of the Board of Governors of the
California Community Colleges and shall be open to all regularly
enrolled students of the community college. The affirmative vote of
two-thirds of the students voting in the election shall be sufficient
to establish the fee. However, the election shall not be sufficient
to establish the fee unless the number of students who vote in the
election equals or exceeds the average of the number of students who
voted in the previous three student body association elections.

   The 
    (b)     The  student representation
fee authorized by this section shall be collected by the officials of
the community college, together with all other fees, at the time of
registration or before registration and shall be deposited in a
separate fiduciary fund established per the California Community
Colleges Budget and Accounting Manual for student representation
fees. The money collected pursuant to this section shall be expended
to provide for the support of governmental affairs representatives
who may be stating their positions and viewpoints before city,
county, and district governments, and before offices and agencies of
the state government.  The  
   (c) Fifty cents ($0.50) of every one dollar ($1) collected shall
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. 
    (d)     The  chief fiscal officer of
the community college shall have custody of the money collected
pursuant to this section and the money shall be disbursed for the
purposes described above upon the order of the governing body of the
student body association. The district may retain a portion of the
fees collected and deposited pursuant to this section that is equal
to the actual cost of administering these fees up to, but not more
than, 7 percent. 
   The 
    (e)     The  student representation
fee authorized by this section may be terminated by a majority vote
of the students voting in an election held for that purpose. The
election shall be called and held in compliance with regulations of
the Board of Governors of the California Community Colleges and shall
be open to all regularly enrolled students of the community college.

   A 
    (f)    A  student may, for religious,
political, financial, or moral reasons, refuse to pay the student
representation fee established under this section. The refusal shall
be submitted in writing to the college officials at the time the
student pays other fees collected by the college officials. The
refusal shall be submitted on the same form that is used for
collection of fees as provided by the college, which, as determined
by the college, shall be as nearly as practical in the same form as a
model form prescribed by regulations of the Board of Governors of
the California Community Colleges.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.