BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1980
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          Date of Hearing:   April 22, 2008

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                              Anthony Portantino, Chair
                   AB 1980 (Swanson) - As Amended:  March 24, 2008
           
          SUBJECT  :   Peralta Community College District: transportation  
          fees.
                                                                            
                                                                            
                                                                            
                                                                            
                                                                            
                                         
           SUMMARY  :   Allows the Peralta Community College District  
          (Peralta) to charge a fee to students or students and employees  
          in order to fund transportation services, if specific  
          requirements are met.  Specifically,  this bill  : 

          1)Allows a campus of Peralta to establish a fee for  
            transportation services, paid by students and employees using  
            the service or by any of the following groups:

             a)   All students and employees, regardless of whether they  
               use the service, upon the favorable vote to do so by a  
               majority of the students and a majority of the employees of  
               the campus; or

             b)   All students, regardless of whether they use the  
               service, upon the favorable vote to do so by a majority of  
               the students of the campus; or

             c)   All students taking at least a specified minimum number  
               of course credits determined by the governing board upon  
               the favorable vote to do so by a majority of those  
               students.  

          2)Allows Los Rios Community College District (Los Rios) and Rio  
            Hondo Community College District (Rio Hondo) to establish a  
            fee for transportation services for students taking at least a  
            specified minimum number of course credits determined by the  
            governing board upon the favorable vote to do so by a majority  
            of those students.  

          3)Requires that any fee charged be pro-rated to a lesser amount  








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            for part-time students.  Allows Peralta to adopt rules to  
            exempt low-income students from all or part of this fee.

          4)Prohibits Peralta from entering into or extending a contract  
            for transportation services until a majority of students have  
            voted to support the fee and provides that Peralta may enter  
            into a transportation contract for up to 10 years from the  
            date of that favorable vote.  Requires Peralta to provide a  
            contracted transportation carrier at least 12 months notice of  
            intent to terminate or alter a contract.

          5)Prohibits Peralta from charging a fee in excess of the costs  
            for transportation services and prohibits the fee from  
            exceeding $60 per semester, $30 for intersession, or the  
            proportional equivalent for a part-time student.  Authorizes  
            Peralta to require persons other than students and employees  
            to pay a fee for use of the transportation services.

          6)Prohibits a fee from being charged for on-campus shuttles or  
            other transportation services operated on or between campuses  
            and parking facilities owned by Peralta.

           EXISTING LAW  generally applies the aforementioned provisions to  
          Los Rios and Rio Hondo.  However, existing law does not allow  
          Los Rios and Rio Hondo to establish transportation services for  
          students enrolled in at least a minimum number of course  
          credits.  For all other CCC districts low income students are  
          exempt from paying any transportation service fees. 

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   Background on Los Rios and Rio Honda Provisions:    
          Existing law authorizes CCC districts, upon a majority vote of  
          students or students and employees, to charge a fee to students  
          or students and employees in order to cover the costs of  
          contracted transportation services.  Low-income students are  
          statutorily exempt from paying the fee.  As a result of the  
          increase in student utilization of transportation services and  
          an increase in CCC Board of Governors (BOG) Fee Waiver,  
          recipients who were exempt from paying the transportation  
          services fee, Los Rios faced rising numbers of users and falling  
          fee revenues.  Without the ability to divide the fee among all  
          students, including low income students, Los Rios was concerned  
          that the transportation service fee would increase to the point  
          that students would likely not have voted to continue  








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          transportation services.  In 2006, in response to concerns that  
          Los Rios transportation services would be jeopardized by the  
          requirement that low-income students be exempted from paying the  
          fee, AB 1968 (Leslie), Chapter 560, Statutes of 2006, authorized  
          Los Rios and Rio Honda to include low-income students in the  
          fee.  

           Purpose of this Bill  :  This bill expands the provisions  
          applicable to Los Rios and Rio Honda to include Peralta.  In  
          January of 2008, an internal "Evaluation of the Conditions at  
          Peralta Community College District" was completed.  The report  
          identified transportation as one of the critical problems facing  
          Peralta.  The author notes that monthly bus transportation  
          passes range from $70-$116.  Students attending fall, spring,  
          and summer semesters at Peralta pay upwards of $1,392 annually  
          for public transportation.  Peralta governing board members and  
          student leaders, who are concerned about rising student  
          transportation costs, have begun a dialogue with the local  
          public transit authority in order to establish transportation  
          services similar to those at Los Rios.  

           Minimum Course Credit Requirement for Participation in the  
          Program:   This bill would allow Los Rios, Rio Hondo, and Peralta  
          to propose for student approval a transportation program that  
          would be applicable only to students taking a specified number  
          of course credits, as determined by the governing board.   
          According to representatives of Los Rios, Peralta, and Rio  
          Hondo, this change in law will not affect any existing programs  
          at Los Rios or Rio Hondo.  According to representatives of Los  
          Rios, their 10-year transportation services contract has already  
          been negotiated and approved by students, therefore, the Los  
          Rios program would be unaffected until the transportation  
          contract requires renewal.  Rio Hondo is still in the process of  
          negotiating with their local transit authority and, according to  
          representatives of Rio Hondo, this bill will not affect Rio  
          Hondo's plans.

           Previous Legislation:   AB 1968 (Leslie) Chapter 560, Statutes of  
          2006, authorized Los Rios and Rio Honda to levy a fee on  
          students, including low-income students, within certain  
          guidelines and restrictions, for the use of specified  
          transportation services.         

          AB 982 (Laird) Chapter 320, Statutes of 2005, deleted the  
          requirement that low-income CCC students be exempt from paying  








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          health supervision and services fees.

          AB 2812 (Committee on Higher Education) Chapter 954, Statutes of  
          1998, extended to all CCC districts the authority to levy a fee,  
          within certain guidelines and restrictions, for the use of  
          specified transportation services.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          American Federation of State, County and Municipal Employees
          Peralta Community College District

           Opposition 
           
          None on File.
           

          Analysis Prepared by  :    Laura Metune / HIGHER ED. / (916)  
          319-3960