BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: AB 1358
AUTHOR: Fong
AMENDED: April 15, 2013
FISCAL COMM: Yes HEARING DATE: June 19, 2013
URGENCY: No CONSULTANT:Daniel Alvarez
SUBJECT : Student body association: student representation
fee.
SUMMARY
This bill increases the current community college student
representation fee from one dollar ($1) to two dollars ($2)
per semester, subject to an affirmative majority vote
(rather than two-thirds) of a community colleges' students
and directs the additional one dollar ($1) fee increase to
be expended on the establishment and support the operations
of an independent statewide community college student
organization, as specified.
BACKGROUND
Current law permits the governing board of a community
college district to authorize the students of a college to
organize a student body association. (Education Code §
76060)
Current law provides that a student body association may
order an election be held for the purpose of establishing a
student representation fee of one dollar ($1) per semester.
An affirmative vote of two-thirds (2/3) of the students
voting in the election shall be sufficient to establish the
fee. However, the number of students who vote must equal
or exceed the average number of students who voted in the
previous three student body elections. The fee money
collected shall be expended to provide 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
state government. Students may refuse to pay the fee for
religious, political, financial, or moral reasons. The
AB 1358
Page 2
chief fiscal officer of the community college shall have
custody of the fee money collected, but the funds shall be
disbursed to the student body association for the specified
purposes. Finally, the community college district may
retain a portion of the fees collected that is equal to the
actual cost of administering these fees up to, but not more
than, seven percent. (EC § 76060.5)
ANALYSIS
This bill increases the current community college student
representation fee from one dollar ($1) to two dollars ($2)
per semester, subject to an affirmative majority vote
(rather than two-thirds) of a community colleges' students
and directs the additional one dollar ($1) fee increase to
be expended on the establishment and support the operations
of an independent statewide community college student
organization, as specified. More specifically, this bill:
1) Authorizes a student body association (SBA) to call
campus-wide elections to determine whether to assess a
student representation fee (SRF) of two dollars ($2)
per semester.
2) Reduces the affirmative vote from two-thirds to a
majority of the students voting in the election, as
specified, to establish the student representation fee
(SRF).
3) Specifies that $1 of every $2 fee collected shall be
expended to establish and support the operations of an
independent statewide community college student
organization that is 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 measure specifies this
provision only applies to SRFs adopted on or after
January 1, 2014.
4) States that any community college SBA that has adopted
a SRF before January 1, 2014 retains authority to
continue to receive the one dollar ($1) fee as
authorized prior to enactment of this measure. The
SBA may conduct an election to adopt a revised SRF -
if the students pass the revised SRF, then one dollar
AB 1358
Page 3
($1) of every two dollars ($2) collected shall be
expended for purposes specified under #3 above.
STAFF COMMENTS
1) Need for the bill . According to the author, the 2.4
million students at the California Community College
(CCC), unlike their counterparts at the University of
California and the California State University, do not
have a sustainably funded statewide student
association. AB 1358 will assist CCC students in
establishing and sustaining statewide legislative and
governmental advocacy through their recognized
representative organization, the Student Senate of
California Community Colleges (SSCCC).
2) Is this the right time to raise fees of any kind ?
Although the price per unit at California Community
Colleges remains the lowest in the nation, students
face increased costs for books and other school
related materials. Although the student
representation fee is voluntary and students can opt
out for various reasons, including if they cannot
afford the cost; it is presently unknown how many
students are aware that they can opt-out of paying the
SRF. According to the SSCCC, there is a great deal of
support for an increased SRF for the sole purpose of
being able to form an organized independent statewide
organization.
3) Fund balance of current fee viewed from a statewide
perspective. At present, according to unaudited
survey information provided by the California
Community College Chancellor's Office, for the
three-year period ending with 2011-12, there was a
total statewide fund balance of approximately $3.8
million - actual fund balance amounts vary among the
community college districts that have a student
representation fee (SRF) currently in place - and
likely understates the actual amount available on a
statewide basis.
4) Why don't local colleges use a portion of their
current SRF fund balance to provide for a statewide
advocacy approach for community college students ?
Current law permits the existing fee revenue to be
AB 1358
Page 4
used to "provide 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 state
government." According to current Student Senate of
the California Community Colleges (SSCCC)
representatives, many local student body associations
(SBA) have been advised by their colleges that
expenditures of SRF can only be used for expenses
incurred by the specific colleges' student
representatives for advocacy approaches consistent
with statute, and not for statewide advocacy. In
addition, some colleges do provide some level of
financial assistance; however, this type of support
varies from year-to-year and does not create a stable
funding environment to support on-going statewide
advocacy efforts.
The concept of greater statewide advocacy and uniform
representation seems to make sense; however, the bill
is vague on the goals of what an independent statewide
community college student organization should strive
to accomplish. In addition, the measure is not clear
on how local funds get to a statewide organization
structure. Finally, transparency and accountability
should be cornerstones of a responsible statewide
entity.
Therefore, staff recommends the following amendments:
a) On page 3, line 12 after the period insert:
The underlying goals shall include, but are not
limited to: (a) establishing a sustainable
foundation for statewide community college
student representation and advocacy; (b)
promotion of institutional and organizational
memory; (c) insuring and maintaining responsible
community college student organizational
oversight and decision-making; (d) strengthening
regional approaches for college representation
and coordination; (e) promote and enhance student
opportunities for engagement in community college
student issues and affairs; and (f) provide for
open and public transparency and accountability.
b) On page 3, insert new subdivision (e): Fees
AB 1358
Page 5
collected pursuant to subdivision / paragraph (c)
shall be distributed to the Board of Governors
annually prior to February 1. The Board of
Governors shall have custody of the money and
distribute annually to the recognized statewide
community college student organization by April
15 annually.
c) Insert, where appropriate, meetings of the
statewide community college student organization
shall be open to the public and adhere to the
applicable state open meetings statutes. Further,
the organization must adhere to general
acceptable accounting practices, provide for
annual financial statements and perform annual
independent audits.
5) Student Representative Fee . According to the 2012
California Community Colleges Chancellor's Office
(CCCCO) Student Fee Handbook, a newly formed student
government organization cannot order an election for
the purpose of having the student body vote to
establish a student representation fee (SRF) without
having held three prior student body elections. In
specifically requiring three previous student body
elections prior to raising the student fee issue, the
intent of the Legislature was to ensure meaningful
participation in the student body election process.
However, under certain circumstances, voting results
from student body elections held under a previous and
related student government structure may satisfy this
requirement.
The CCCCO finds that if a CCC district has multiple
colleges and a student attends more than one college
within the district, that he/she may be responsible
for a SRF at each college he/she attends.
SUPPORT
Associated Students of El Camino College
Associated Students of Pasadena City College
California Federation of Teachers
California State Student Association
Coast Community College District Student Council
Student Senate for California Community Colleges
AB 1358
Page 6
University of California Student Association
OPPOSITION
Community College League of California