BILL NUMBER: AB 1358	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2013

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 amended, 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  the governing
body of  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  , and requires an affirmative vote of  
2/3   of the students voting in the election to 
establish the fee  .
   This bill would instead authorize the election to establish the
fee in the amount of $2,  would require an affirmative vote of a
majority of the students voting in the election to establish the
student representation fee,  and would  , for a student
representation fee adopted on or after January 1, 2014,  require
 1/2   $1  of the  $2 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.  The bill would, for a student
representation fee adopted before January 1, 2014, provide that the
student body association shall retain authority to continue to
receive the $1 student representation fee, and authorize the student
body association to conduct an election to instead adopt a $2 student
representation fee, as described above.  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 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
  a majority  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.
   (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.
   (c)  Fifty cents ($0.50) of every one   One
 dollar ($1)  of every two   -dollar ($2) fee 
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.  This subdivision shall only apply to student
representation fees adopted on or after January 1, 2014.  
   (d) Notwithstanding subdivision (c), a student body association
that adopted a student representation fee before January 1, 2014,
shall retain authority to continue to receive the one-dollar ($1) fee
as authorized pursuant to this section as it read prior to January
1, 2014. The student body association may conduct an election
pursuant to subdivision (a) to adopt a revised student representation
fee. If an election conducted pursuant to subdivision (a)
establishes the revised student representation fee, then one dollar
($1) of every two-dollar ($2) fee collected shall be expended as
described in subdivision (c).  
   (d) 
    (e)  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  community college  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. 
   (e) 
    (f)  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. 
   (f) 
    (g)  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  community  college officials at the time the
student pays other fees collected by the  community 
college officials. The refusal shall be submitted on the same form
that is used for collection of fees as provided by the  community
 college, which, as determined by the  community 
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.