Amended in Senate June 9, 2014

Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2736

Introduced by Committee on Higher Education (Assembly Members Williams (Chair), Chávez (Vice Chair), Bloom, Fong, begin delete Fox, end delete Jones-Sawyer, Levine, Linder, Medina, Olsen, Quirk-Silva, Weber, and Wilk)

February 26, 2014

An act to amend Sections 89007.7, 89282, begin insert 89300, end insert and 89720 of the Education Code, relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 2736, as amended, Committee on Higher Education. Postsecondary education: California State University.

(1) Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. Existing law requires, commencing on January 1, 2014, and every 2 years thereafter, that the Legislative Analyst’s Office, in consultation with the university, submit a report to the Legislature including specified data relating to the California State University Early Start Program. Existing law makes these provisions regarding the Early Start Program inoperative on January 1, 2018.

This bill would require the Legislative Analyst’s Office to submit that report no later than July 1 of each even-numbered year, and change the inoperative date for the above provisions regarding the Early Start Program to July 1, 2018.

(2) Existing law authorizes the begin delete university end delete begin insert California State University end insert to establish a Doctor of Nursing Practice degree pilot program at 3 campuses chosen by the trustees to award the Doctor of Nursing Practice degree. Existing law requires the university, the Legislative Analyst’s Office, and the Department of Finance to jointly conduct a statewide evaluation of the degree pilot program and report the results to the Legislature and the Governor on or before January 1, 2017. Existing law requires that evaluation to consider specified information, including the number of Doctor of Nursing Practice degree pilot programs implemented, and information regarding the number of applicants, admissions, enrollments, degree recipients, time-to-degree, attrition, and public school and community college program partners.

This bill would delete the requirement that the evaluation include information regarding public school and community college program partners, make nonsubstantive changes to these evaluation provisions, and repeal these evaluation provisions on January 1, 2021.

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(3) Existing law provides that a student body organization may be established at any campus of the California State University under the supervision of the university officials for the purpose of providing essential activities closely related to, but not normally included as a part of, the regular instructional program of the university. Existing law authorizes the trustees to fix fees for voluntary membership in an organization established at a campus, and sets forth specified requirements for the setting of mandatory student body organization membership fees for student body organizations established at a campus.

end insert begin insert

This bill would authorize the trustees to fix fees for voluntary membership in a student body organization established at a campus or in a specified statewide student body organization, would describe the conditions when a membership fee is voluntary, and would make nonsubstantive changes in the provisions relating to mandatory membership fees.

end insert begin delete

(3)

end delete

begin insert ( end insert begin insert 4) end insert  Existing law authorizes the trustees to accept on behalf of the state any gifts, bequests, devises, or donations of real property whenever the gift and terms and conditions thereof will aid in carrying out the primary functions of the California State University. Existing law authorizes the trustees to sell or exchange real property interests in accordance with specified requirements. Existing law requires these gifts, bequests, devises, donations of real property, or sales or exchanges of real property interests to be annually reported to the California Postsecondary Education Commission, the Joint Legislative Budget Committee, and the Department of Finance by January 5 of each year.

This bill would change that annual reporting date to January 31 of each year, and would provide for the report to be made to a successor agency to the California Postsecondary Education Commission as an alternative to the commission.

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

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

SECTION 1.  

Section 89007.7 of the Education Code is
amended to read:

89007.7.  

(a) The Legislature finds and declares that the
California State University Early Start Program was adopted
pursuant to Executive Order No. 1048 at the May 2010 meeting
of the Trustees of the California State University (CSU) with the
stated goal of facilitating a student’s graduation through changes
in policies on fulfilling entry-level proficiencies in mathematics
and English.

(b) Commencing on January 1, 2014, and on or before July 1
every even-numbered year thereafter, the Legislative Analyst’s
Office, in consultation with CSU, shall submit a report to the
Legislature detailing the impact of the CSU Early Start Program
on student mathematics and English proficiency. The report to the
Legislature required by this subdivision shall include, but not
necessarily be limited to, all of the following:

(1) Information on how the CSU Early Start Program increases
successful remediation rates as compared to the remediation rates
that existed in the 2010-11 academic year.

(2) Information on how the CSU Early Start Program expedites
the student remediation process, or otherwise reduces the length
of time that students spend on remediation.

(3) Demographic information on participants in the CSU Early
Start Program, including information relating to race or ethnicity,
eligibility for financial aid, geographic origins, and other pertinent
data.

(4) The number of enrollees in the CSU Early Start Program,
counted statewide and by campus, including the number who
eventually earned credit from the program.

(5) As observed one year after participating in the CSU Early
Start Program, counted statewide and by campus, how many
enrollees became proficient, how many did not remediate
successfully, and how many were disenrolled from CSU.

(c) This section shall remain in effect only until July 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

SEC. 2.  

Section 89282 of the Education Code is amended to
read:

89282.  

(a) The California State University (CSU), the
Legislative Analyst’s Office, and the Department of Finance shall
jointly conduct a statewide evaluation of CSU Doctor of Nursing
Practice degree pilot programs authorized pursuant to Section
89281 and implemented under this article. The results of the
evaluation shall be reported, in writing, to the Legislature and the
Governor on or before January 1, 2017. The evaluation shall
consider all of the following:

(1) The number of Doctor of Nursing Practice degree pilot
programs implemented, including information regarding the
number of applicants, admissions, enrollments, degree recipients,
time-to-degree, and attrition.

(2) The extent to which the post-master’s degree pilot programs
are fulfilling identified state needs for training doctorally prepared
nurses.

(3) Statewide supply and demand data that considers capacity
at the University of California and in California’s independent
colleges and universities.

(4) Information on the place of employment of students and the
subsequent job placement of graduates.

(5) Any available evidence on the effects that the graduates of
the degree pilot program are having on addressing the state’s
nursing shortage.

(6) Pilot program costs and the fund sources that were used to
finance the program, including a calculation of cost per degree
awarded.

(7) The costs of the degree pilot program to students, the amount
of financial aid offered, and student debt levels of graduates of the
program.

(8) The extent to which the degree pilot program is in
compliance with the requirements of this article.

(9) Recommendations for the degree pilot program, including
whether the program should be continued or modified.

(b) (1) A report to be submitted pursuant to subdivision (a)
shall be submitted in compliance with Section 9795 of the
Government Code.

(2) This section shall remain in effect only until January 1, 2021,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2021, deletes or extends that date.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 89300 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

89300.  

A student body organization may be established at any
state university under the supervision of the university officials
for the purpose of providing essential activities closely related to,
but not normally included as a part of, the regular instructional
program of the university. The organization may also operate a
campus store, a cafeteria, and other projects not inconsistent with
the purposes of the university, and property of the university may
be leased to the organization for those purposes.

The trustees may fix fees for voluntary membership in begin delete the end delete begin insert a
student body end insert organization established at a state university begin insert campus
or in the statewide student organization referenced in paragraph
(2) of subdivision (b) of Section 66602. For purposes of this
section, a fee is voluntary if a student has either the ability to
affirmatively elect to pay the fee end insert begin insert or a clear and unambiguous means
to decline the payment of the fee each time the fee is assessed end insert .

Notwithstanding any law to the contrary, if a student body
organization is established at any state university begin insert campus end insert , upon
the favorable vote of two-thirds of the students voting in an election
held for this purpose, in a manner that the trustees shall prescribe,
and open to all regular students enrolled in the university, the
trustees shall fix a begin insert mandatory end insert membership fee which shall be
required of all regular, limited, and special session students
attending the university. No fees shall be charged to students
registering solely in extension classes.

The trustees may approve an increase or decrease in begin delete the end delete begin insert a
mandatory end insert student body begin insert organization end insert fee only after the fee increase
or decrease has been approved by a majority of students voting in
a referendum established for that purpose.

begin delete

The required

end delete

begin insert A mandatory student body organization end insert fee shall be subject to
referendum at any time upon the presentation of a petition to the
president of the university containing the signatures of 10 percent
of the regularly enrolled students at the university. A successful
referendum shall take effect with the beginning of the academic
year following that in which the election was held.

Payment of begin insert mandatory end insert membership fees pursuant to this section
shall be a prerequisite to enrollment in the university, except that
if sufficient funds are available, any state university student, subject
to the regulations of the trustees establishing standards in that
regard, may agree to work off the amount of the fee at the
prevailing rate of the university for student assistants. The trustees
may adopt regulations setting standards for determining which
students shall be eligible to work off the amount of the fee.

The revenues raised pursuant to this section may, in addition to
expenditures for other lawful purposes involved in the operations
of the student body organization, be expended to provide for the
support of governmental affairs representatives who may be
attending upon the State Legislature or upon offices and agencies
in the executive branch of the state government.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section 89720 of the Education Code is amended to
read:

89720.  

The trustees may accept on behalf of the state any gift,
bequest, devise, or donation of real or personal property whenever
the gift and the terms and conditions thereof will aid in carrying
out the primary functions of the California State University as
specified in subdivision (b) of Section 66010.4. Neither Section
11005 of the Government Code nor any other law requiring
approval by a state officer of gifts, bequests, devises, or donations
shall apply to these gifts, bequests, devises, or donations. These
gifts, bequests, devises, or donations, and the disposition thereof,
shall be annually reported to the California Postsecondary
Education Commission, the Joint Legislative Budget Committee,
and the Department of Finance by January 31 of each year.

Notwithstanding Sections 11005.2 and 14664 of the Government
Code or any other law to the contrary, the trustees may sell or
exchange interests in real property received pursuant to this section
when, in the judgment of the trustees, the sale or exchange is in
the best interests of the California State University. No sale or
exchange of an interest in real property made pursuant to this
section shall exceed ten million dollars ($10,000,000) per
transaction.

Notwithstanding Sections 11005 and 15853 of the Government
Code or any other provision of law to the contrary, the trustees
may purchase interests in real property from moneys received
pursuant to this section, including those moneys received from the
sale or exchange of interests in real property pursuant to this
section. Any such purchase shall be consistent with any restrictions
placed upon the gift, bequest, devise, or donation and shall be in
the best interests of the California State University, as determined
by the trustees.

No interest in any real property that is part of a main campus of
any of the institutions of the California State University listed in
Section 89001 shall be sold or exchanged pursuant to this section.

Any sale or exchange of interests in real property carried out
pursuant to this section shall be reported annually to the California
Postsecondary Education Commission or a successor agency, the
Joint Legislative Budget Committee, and the Department of
Finance, by January 31 of each year.