BILL ANALYSIS                                                                                                                                                                                                    



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          ASSEMBLY THIRD READING
          AB 1980 (Swanson)
          As Amended  March 24, 2008
          Majority vote 

           HIGHER EDUCATION    7-0                                         
           
           -------------------------------- 
          |Ayes:|Portantino, Horton,       |
          |     |Arambula, Beall, Cook,    |
          |     |Galgiani, Ruskin          |
          |     |                          |
           -------------------------------- 
           SUMMARY  :  Allows the Peralta Community College District (Peralta  
          CCD) 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 CCD 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 CCD) and  
            Rio Hondo Community College District (Rio Hondo CCD) 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 CCD to adopt rules to  
            exempt low-income students from all or part of this fee.

          4)Prohibits Peralta CCD 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 CCD may enter into a transportation contract for up to  
            10 years from the date of that favorable vote.  Requires  
            Peralta CCD to provide a contracted transportation carrier at  
            least 12 months notice of intent to terminate or alter a  
            contract.

          5)Prohibits Peralta CCD 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 CCD 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 CCD.

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

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  Background on Los Rios CCD and Rio Honda CCD  
          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 Fee Waiver,  
          recipients who were exempt from paying the transportation  
          services fee, Los Rios CCD faced rising numbers of users and  
          falling fee revenues.  Without the ability to divide the fee  








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          among all students, including low-income students, Los Rios CCD  
          was concerned that the transportation service fee would increase  
          to the point that students would likely not have voted to  
          continue transportation services.  In 2006, in response to  
          concerns that Los Rios CCD 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 CCD and Rio Honda CCD to  
          include low-income students in the fee.  

          Purpose of this Bill:  This bill expands the provisions  
          applicable to Los Rios CCD and Rio Honda CCD to include Peralta  
          CCD.  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 CCD.  The author notes that monthly bus  
          transportation passes range from $70-$116.  Students attending  
          fall, spring, and summer semesters at Peralta CCD pay upwards of  
          $1,392 annually for public transportation.  Peralta CCD  
          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 CCD.  

          Minimum Course Credit Requirement for Participation in the  
          Program:  This bill would allow Los Rios CCD, Rio Hondo CCD, and  
          Peralta CCD 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 CCD,  
          Rio Hondo CCD, and Peralta CCD, this change in law will not  
          affect any existing programs at Los Rios CCD or Rio Hondo CCD.   
          According to representatives of Los Rios CCD, their 10-year  
          transportation services contract has already been negotiated and  
          approved by students, therefore, the Los Rios CCD program would  
          be unaffected until the transportation contract requires  
          renewal.  Rio Hondo CCD is still in the process of negotiating  
          with their local transit authority and, according to  
          representatives of Rio Hondo CCD, this bill will not affect Rio  
          Hondo CCD plans.

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








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