Amended in Senate June 26, 2014

Amended in Senate June 9, 2014

Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2736


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

February 26, 2014


An act to amend Sections 89007.7, 89282, 89300, 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 California State University 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.

(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.

This bill would authorize the trustees to fixbegin delete feesend deletebegin insert a feeend insert for voluntary membershipbegin delete in a student body organization established at a campus orend delete in a specified statewide student bodybegin delete 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 deletebegin insert organization. This bill would require the trustees to provide students the ability to affirmatively elect to pay the fee, or a clear and unambiguous means to decline payment of the fee, each time the fee is assessed.end insert

(4) 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:

P3    1

SECTION 1.  

Section 89007.7 of the Education Code is
2amended to read:

3

89007.7.  

(a) The Legislature finds and declares that the
4California State University Early Start Program was adopted
5pursuant to Executive Order No. 1048 at the May 2010 meeting
6of the Trustees of the California State University (CSU) with the
7stated goal of facilitating a student’s graduation through changes
8in policies on fulfilling entry-level proficiencies in mathematics
9and English.

10(b) Commencing on January 1, 2014, and on or before July 1
11every even-numbered year thereafter, the Legislative Analyst’s
12Office, in consultation with CSU, shall submit a report to the
13Legislature detailing the impact of the CSU Early Start Program
14on student mathematics and English proficiency. The report to the
15Legislature required by this subdivision shall include, but not
16necessarily be limited to, all of the following:

17(1) Information on how the CSU Early Start Program increases
18successful remediation rates as compared to the remediation rates
19that existed in the 2010-11 academic year.

20(2) Information on how the CSU Early Start Program expedites
21the student remediation process, or otherwise reduces the length
22of time that students spend on remediation.

23(3) Demographic information on participants in the CSU Early
24Start Program, including information relating to race or ethnicity,
P4    1 eligibility for financial aid, geographic origins, and other pertinent
2data.

3(4) The number of enrollees in the CSU Early Start Program,
4counted statewide and by campus, including the number who
5eventually earned credit from the program.

6(5) As observed one year after participating in the CSU Early
7Start Program, counted statewide and by campus, how many
8enrollees became proficient, how many did not remediate
9successfully, and how many were disenrolled from CSU.

10(c) This section shall remain in effect only until July 1, 2018,
11and as of that date is repealed, unless a later enacted statute, that
12is enacted before January 1, 2019, deletes or extends that date.

13

SEC. 2.  

Section 89282 of the Education Code is amended to
14read:

15

89282.  

(a) The California State University (CSU), the
16Legislative Analyst’s Office, and the Department of Finance shall
17jointly conduct a statewide evaluation of CSU Doctor of Nursing
18Practice degree pilot programs authorized pursuant to Section
1989281 and implemented under this article. The results of the
20evaluation shall be reported, in writing, to the Legislature and the
21Governor on or before January 1, 2017. The evaluation shall
22consider all of the following:

23(1) The number of Doctor of Nursing Practice degree pilot
24programs implemented, including information regarding the
25number of applicants, admissions, enrollments, degree recipients,
26time-to-degree, and attrition.

27(2) The extent to which the post-master’s degree pilot programs
28are fulfilling identified state needs for training doctorally prepared
29nurses.

30(3) Statewide supply and demand data that considers capacity
31at the University of California and in California’s independent
32colleges and universities.

33(4) Information on the place of employment of students and the
34subsequent job placement of graduates.

35(5) Any available evidence on the effects that the graduates of
36the degree pilot program are having on addressing the state’s
37nursing shortage.

38(6) Pilot program costs and the fund sources that were used to
39finance the program, including a calculation of cost per degree
40awarded.

P5    1(7) The costs of the degree pilot program to students, the amount
2of financial aid offered, and student debt levels of graduates of the
3program.

4(8) The extent to which the degree pilot program is in
5compliance with the requirements of this article.

6(9) Recommendations for the degree pilot program, including
7whether the program should be continued or modified.

8(b) (1) A report to be submitted pursuant to subdivision (a)
9shall be submitted in compliance with Section 9795 of the
10Government Code.

11(2) This section shall remain in effect only until January 1, 2021,
12and as of that date is repealed, unless a later enacted statute, that
13is enacted before January 1, 2021, deletes or extends that date.

begin delete
14

SEC. 3.  

Section 89300 of the Education Code is amended to
15read:

16

89300.  

A student body organization may be established at any
17state university under the supervision of the university officials
18for the purpose of providing essential activities closely related to,
19but not normally included as a part of, the regular instructional
20program of the university. The organization may also operate a
21campus store, a cafeteria, and other projects not inconsistent with
22the purposes of the university, and property of the university may
23be leased to the organization for those purposes.

24 The trustees may fix fees for voluntary membership in astudent
25body organization established at a state university campus or in
26the statewide student organization referenced in paragraph (2) of
27subdivision (b) of Section 66602. For purposes of this section, a
28fee is voluntary if a student has either the ability to affirmatively
29elect to pay the fee or a clear and unambiguous means to decline
30the payment of the fee each time the fee is assessed.

31 Notwithstanding any law to the contrary, if a student body
32organization is established at any state university campus, upon
33the favorable vote of two-thirds of the students voting in an election
34held for this purpose, in a manner that the trustees shall prescribe,
35and open to all regular students enrolled in the university, the
36trustees shall fix a mandatory membership fee which shall be
37required of all regular, limited, and special session students
38attending the university. No fees shall be charged to students
39registering solely in extension classes.

P6    1 The trustees may approve an increase or decrease in a mandatory
2student body organization fee only after the fee increase or decrease
3has been approved by a majority of students voting in a referendum
4established for that purpose.

5 A mandatory student body organization fee shall be subject to
6referendum at any time upon the presentation of a petition to the
7president of the university containing the signatures of 10 percent
8of the regularly enrolled students at the university. A successful
9referendum shall take effect with the beginning of the academic
10year following that in which the election was held.

11 Payment of mandatory membership fees pursuant to this section
12shall be a prerequisite to enrollment in the university, except that
13if sufficient funds are available, any state university student, subject
14to the regulations of the trustees establishing standards in that
15regard, may agree to work off the amount of the fee at the
16prevailing rate of the university for student assistants. The trustees
17may adopt regulations setting standards for determining which
18students shall be eligible to work off the amount of the fee.

19 The revenues raised pursuant to this section may, in addition to
20expenditures for other lawful purposes involved in the operations
21of the student body organization, be expended to provide for the
22support of governmental affairs representatives who may be
23attending upon the State Legislature or upon offices and agencies
24in the executive branch of the state government.

end delete
25begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 89300 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
26read:end insert

27

89300.  

begin insert(a)end insertbegin insertend insert A student body organization may be established
28at any state university under the supervision of the university
29officials for the purpose of providing essential activities closely
30related to, but not normally included as a part of, the regular
31instructional program of the university. The organization may also
32operate a campus store, a cafeteria, and other projects not
33inconsistent with the purposes of the university, and property of
34the university may be leased to the organization for those purposes.

begin delete

35The

end delete

36begin insert(b)end insertbegin insertend insertbegin insert(1)end insertbegin insertend insertbegin insertTheend insert trustees may fix fees for voluntary membership in
37the organization established at a state university.

begin delete

38Notwithstanding

end delete

39begin insert(2)end insertbegin insertend insertbegin insert(A)end insertbegin insertend insertbegin insertNotwithstandingend insert any law to the contrary, if a student
40body organization is established at any state university, upon the
P7    1favorable vote of two-thirds of the students voting in an election
2held for this purpose, in a manner that the trustees shall prescribe,
3and open to all regular students enrolled in the university, the
4 trustees shall fix a membership fee which shall be required of all
5regular, limited, and special session students attending the
6university. No fees shall be charged to students registering solely
7in extension classes.

begin delete

8The

end delete

9begin insert(B)end insertbegin insertend insertbegin insertTheend insert trustees may approve an increase or decrease in the
10student body fee only after the fee increase or decrease has been
11approved by a majority of students voting in a referendum
12established for that purpose.

begin delete

13The

end delete

14begin insert(C)end insertbegin insertend insertbegin insertTheend insert required fee shall be subject to referendum at any time
15upon the presentation of a petition to the president of the university
16containing the signatures of 10 percent of the regularly enrolled
17students at the university. A successful referendum shall take effect
18with the beginning of the academic year following that in which
19the election was held.

begin delete

20Payment

end delete

21begin insert(D)end insertbegin insertend insertbegin insertPaymentend insert of membership fees pursuant to this section shall
22be a prerequisite to enrollment in the university, except that if
23sufficient funds are available, any state university student, subject
24to the regulations of the trustees establishing standards in that
25regard, may agree to work off the amount of the fee at the
26prevailing rate of the university for student assistants. The trustees
27may adopt regulations setting standards for determining which
28students shall be eligible to work off the amount of the fee.

begin delete

29The

end delete

30begin insert(c)end insertbegin insertend insertbegin insertTheend insert revenues raised pursuant to this section may, in addition
31to expenditures for other lawful purposes involved in the operations
32of the student body organization, be expended to provide for the
33support of governmental affairs representatives who may be
34 attending upon the State Legislature or upon offices and agencies
35in the executive branch of the state government.

begin insert

36(d) The trustees may fix a fee for voluntary membership in a
37statewide student organization that represents the students of the
38California State University and the student body organizations of
39the campuses of the California State University. The trustees shall
40provide students either the ability to affirmatively elect to pay this
P8    1fee, or a clear and unambiguous means to decline the payment of
2this fee, each time the fee is assessed.

end insert
3

SEC. 4.  

Section 89720 of the Education Code is amended to
4read:

5

89720.  

The trustees may accept on behalf of the state any gift,
6bequest, devise, or donation of real or personal property whenever
7the gift and the terms and conditions thereof will aid in carrying
8out the primary functions of the California State University as
9specified in subdivision (b) of Section 66010.4. Neither Section
1011005 of the Government Code nor any other law requiring
11approval by a state officer of gifts, bequests, devises, or donations
12shall apply to these gifts, bequests, devises, or donations. These
13gifts, bequests, devises, or donations, and the disposition thereof,
14shall be annually reported to the California Postsecondary
15Education Commission, the Joint Legislative Budget Committee,
16and the Department of Finance by January 31 of each year.

17Notwithstanding Sections 11005.2 and 14664 of the Government
18Code or any other law to the contrary, the trustees may sell or
19exchange interests in real property received pursuant to this section
20when, in the judgment of the trustees, the sale or exchange is in
21the best interests of the California State University. No sale or
22exchange of an interest in real property made pursuant to this
23section shall exceed ten million dollars ($10,000,000) per
24transaction.

25Notwithstanding Sections 11005 and 15853 of the Government
26Code or any other provision of law to the contrary, the trustees
27may purchase interests in real property from moneys received
28pursuant to this section, including those moneys received from the
29sale or exchange of interests in real property pursuant to this
30section. Any such purchase shall be consistent with any restrictions
31placed upon the gift, bequest, devise, or donation and shall be in
32the best interests of the California State University, as determined
33by the trustees.

34No interest in any real property that is part of a main campus of
35any of the institutions of the California State University listed in
36Section 89001 shall be sold or exchanged pursuant to this section.

37Any sale or exchange of interests in real property carried out
38pursuant to this section shall be reported annually to the California
39Postsecondary Education Commission or a successor agency, the
P9    1Joint Legislative Budget Committee, and the Department of
2Finance, by January 31 of each year.



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