California Legislature—2013–14 Regular Session

Assembly Bill No. 2445

Introduced by Assembly Member Chau

February 21, 2014

An act to amend Section 76361 of the Education Code, relating to community colleges.

LEGISLATIVE COUNSEL’S DIGEST

AB 2445, as introduced, Chau. Community colleges: transportation fees.

Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction at community college campuses throughout the state. Existing law also authorizes the governing board of each district to impose various fees, including fees for parking and transportation services that are subject to specified limits. Existing law provides that a district is prohibited from entering into a contract for transportation services provided by a common carrier or a municipally owned transit system and funded by a fee for transportation services, unless a majority of the students of that district approve payment of the fee for that purpose within a specified time period.

This bill would specify that a community college district is authorized to enter into a contract for the transportation services described above if a majority of the students of that district, or campus of that district, as appropriate, approve the payment of the fee within the same time period.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 76361 of the Education Code is amended
to read:

76361.  

(a) The governing board of a community college district
may require students in attendance and employees at a campus of
the district to pay a fee for purposes of partially or fully recovering
transportation costs incurred by the district or of reducing fares
for services provided by common carriers or municipally owned
transit systems to these students and employees.

(b) Fees authorized by subdivision (a) for transportation services
may be required to be paid only by students and employees using
the services, or, in the alternative, by any of the following groups
of people:

(1) Upon the favorable vote of a majority of the students and a
majority of the employees of a campus of the district, who voted
at an election on the question of whether or not the governing
board should require all students and employees at the campus to
pay a fee for transportation services for a period of time to be
determined by the governing board of the district, the fees may be
required to be paid by all students, other than those students who
are exempt from the fees pursuant to subdivision (c), and all
employees of the campus of the community college district.

(2) Upon the favorable vote of a majority of the students at a
campus of the district, who voted at an election on the question of
whether or not the governing board should require all students to
pay a fee for transportation services for a period of time to be
determined by the governing board of the district, the fees may be
required to be paid by all students, other than those students who
are exempt from the fees pursuant to subdivision (c), at the campus
of the community college district. However, the employees shall
not be entitled to use the services.

(3) Upon the favorable vote of a majority of the students at a
campus of the district taking a specified number of course credits
for a specified duration, to be determined by the governing board,
who voted at an election on the question of whether or not the
governing board should require all students taking that prescribed
number of course credits to pay a fee for transportation services
for a period of time to be determined by the governing board of
the district, the fees may be required to be paid by those students
taking the prescribed number of course credits, except those
students who are exempt from the fees pursuant to subdivision (c),
at the campus of the community college district. However, the
employees shall not be entitled to use the services.

(c) If a fee is required of students for transportation services
pursuant to paragraph (1) or (2) of subdivision (b), the fee required
of a part-time student shall be a pro rata lesser amount than the
fee charged to full-time students, depending on the number of units
for which the part-time student is enrolled. Notwithstanding any
other law, the governing board of a community college district
that provides for transportation services may adopt rules and
regulations to exempt low-income students from this fee, or to
require low-income students to pay all or part of this fee.

(d) Notwithstanding any other law:

(1) The governing board of a community college district to
which this section applies shall not enter into, or extend, a contract
for transportation services provided by a common carrier or a
municipally owned transit system, funded by the proceeds of a fee
authorized under this section, unless and until a majority of the
students of that district begin insert , or campus of that district, as appropriate, end insert
who vote in an election, held no more than 10 years prior to the
date of the expiration of the contract proposed to be entered into
or no more than 10 years prior to the date to which it is proposed
that an existing contract be extended, have approved the payment
of the fee for this purpose.

(2) An election held pursuant to this section shall be held in
accordance with regulations adopted by the board of governors to
ensure that the election is publicly noticed and that all students begin insert of
that district or campus of that district, as appropriate end insert , including
full-time, part-time, evening, and weekend students, have an
opportunity to vote in the election.

(3) If the governing board of a community college district
decides to seek to terminate or alter the arrangements under which
the district receives transportation services from a common carrier
or municipally owned transit system, the governing board shall
provide at least 12 months’ notice of that intention to the provider
of transportation services.

(e) (1) The total fees to be established periodically by the
governing board pursuant to this section shall not exceed the
amount necessary to reimburse the district for transportation costs
incurred by the district in providing the transportation service. The
sum of the fee authorized pursuant to this section for transportation
services and the fee authorized pursuant to Section 76360 for
parking services shall not exceed seventy dollars ($70) per semester
or thirty-five dollars ($35) per intersession, or the proportionate
equivalent for part-time enrollment.

(2) The governing board of each community college district
may increase the fee limits imposed by this subdivision by the
same percentage increase as the Implicit Price Deflator for State
and Local Government Purchases of Goods and Services published
by the United States Department of Commerce. The fees may be
increased annually up to the next whole dollar increment above
the existing fee limit that calculation produces.

(f) The governing board of a community college district also
may require the payment of a fee, to be fixed by the governing
board, for the use of transportation services by persons other than
students and employees.

(g) This section does not apply to, and a fee shall not be charged
for, on-campus shuttles or other transportation services operated
on a campus or between the campus and parking facilities owned
by the district.