BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 138
                                                                  Page  1

          Date of Hearing:   January 7, 2014

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                                 Das Williams, Chair
                    AB 138 (Olsen) - As Amended:  January 6, 2014
           
          SUBJECT  :   Public postsecondary education: undergraduate tuition  
          and systemwide fees. 

           SUMMARY  :  Requires the Trustees of the California State  
          University (CSU) and the Regents of the University of California  
          (UC) to determine the amounts of undergraduate tuition and  
          mandatory systemwide fees for California residents in each  
          incoming first-year class and prohibits the tuition/fees for  
          that class from being increased, other than to make a  
          cost-of-living adjustment not to exceed 2 percent after each  
          academic year, until the class has completed at least four  
          academic years.  Prohibits the Trustees and Regents from  
          increasing the amount of tuition/fees for California residents  
          charged to an incoming first-year class by more than 5 percent  
          over the amounts charged to the immediately preceding first-year  
          class.   

           EXISTING LAW  :  Provides that statutes related to UC are  
          applicable only to the extent that the Regents make such  
          provisions applicable.  Confers upon the CSU Trustees the  
          powers, duties, and functions with respect to the management,  
          administration, and control of the CSU system.   
           
          FISCAL EFFECT  :  Unknown.  

           COMMENTS  :   Purpose of this bill  :  According to the author, since  
          2008, tuition has increased about 63% in the CSU system. The CSU  
          Trustees have the flexibility to increase tuition annually  
          according to the needs of the CSU. This fluctuation in cost of  
          higher education prohibits certain groups of students from  
          entering into the university system and removes students who  
          find that they can no longer afford college in the middle of  
          their college career. This lack of ability to financially plan  
          for higher education has put a great burden on students and  
          parents as they attempt to maneuver through higher education.   
          This legislation guarantees a stable tuition rate for in-state  
          freshman students at CSU campuses for a period of four years,  
          and will prevent large jumps in tuition from one year to  
          another. 








                                                                  AB 138
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           Background  :  Through 1996, fees at California public  
          postsecondary institutions were governed by the Maddy-Dills Act,  
          which was enacted by the Legislature in 1985 to provide for a  
          statewide fee policy.  The Act required fees to be gradual,  
          moderate and predictable; increases to be limited to 10% a year;  
          and fixed at least ten months prior to the fall term in which  
          they were to become effective.  The policy also required  
          sufficient financial aid to offset fee increases.  Even with  
          this policy, when the state faced serious budgetary challenges  
          the provisions of the Act were set aside in order to provide the  
          institutions some flexibility in dealing with the lack of state  
          General Fund support.  In 1996, the Act was allowed to sunset,  
          and since that time, the state has had no statutory long-term  
          policy governing fees.  

          UC and CSU fees are established each year through the Budget Act  
          negotiations, with complementary actions on the part of the UC  
          Regents and the CSU Trustees to adopt negotiated fee levels.   
          There is an implicit policy whereby students and the State are  
          expected to share educational costs, but the relative  
          proportions are dependent on the State's fiscal situation.  As a  
          result, as shown in the tables below, fees have increased  
          steeply during difficult budget years and then gradually  
          declined when the state's fiscal situation improved and more  
          General Fund support could be provided to the public higher  
          education segments.  

 ------------------------------  ------------------------------            ------------------------------ 
          |   CSU Mandatory Systemwide   |
          |    Student Fees Resident     |
          |        Undergraduate         |
           ------------------------------ 
          |-------+----------+------------|
          | Year  |   Fee    |  Percent   |
          |       |  Amount  |   Change   |
          |-------+----------+------------|
          |1996-97|  $1,584  |    N/A     |
          |       |          |            |
          |-------+----------+------------|
          |1997-98|  $1,584  |    0.0%    |
          |       |          |            |
          |-------+----------+------------|
          |1998-99|  $1,506  |   -4.9%    |
          |       |          |            |








                                                                  AB 138
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          |-------+----------+------------|
          |1999-00|  $1,428  |   -5.2%    |
          |       |          |            |
          |-------+----------+------------|
          |2000-01|  $1,428  |    0.0%    |
          |       |          |            |
          |-------+----------+------------|
          |2001-02|  $1,428  |    0.0%    |
          |       |          |            |
          |-------+----------+------------|
          |2002-03|  $1,500  |    5.0%    |
          |       |          |            |
          |-------+----------+------------|
          |2003-04|  $2,046  |   36.4%    |
          |       |          |            |
          |-------+----------+------------|
          |2004-05|  $2,334  |   14.1%    |
          |       |          |            |
          |-------+----------+------------|
          |2005-06|  $2,520  |8.0%        |
          |       |          |            |
          |-------+----------+------------|
          |2006-07|  $2,520  |    0.0%    |
          |       |          |            |
          |-------+----------+------------|
          |2007-08|  $2,772  |   10.0%    |
          |       |          |            |
          |-------+----------+------------|
          |2008-09|  $3,048  |   10.0%    |
          |       |          |            |
          |-------+----------+------------|
          |2009-10|  $4,026  |   32.1%    |
          |       |          |            |
          |-------+----------+------------|
          |2010-11|  $4,429  |   10.0%    |
          |       |          |            |
          |-------+----------+------------|
          |2011-12|  $5,472  |   23.5%    |
          |       |          |            |
          |-------+----------+------------|
          |2012-13|  $5,472  |    0.0%    |
          |       |          |            |
          |-------+----------+------------|
          |2013-14|  $5,472  |0.0%        |
          |       |          |            |








                                                                  AB 138
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           ------------------------------- 

           Tuition and General Fund support.   Tuition is a significant  
          revenue source for CSU and UC.  If faced with reductions in  
          General Fund support and an inability to increase tuition, UC  
          and CSU might need to reduce enrollments and course offerings,  
          or make other service reductions that would limit access to, or  
          reduce the quality of, these institutions.  

          The Committee may wish to consider if it is appropriate to  
          mandate a tuition freeze in years where the state has not  
          provided adequate general fund support to the segments. 
          
           Four-year tuition freeze  .  Under the provisions of this bill,  
          the segments would be able to increase fees for students who are  
          enrolled after four years-a common occurrence at both  
          institutions: the time-to degree is approximately four years and  
          one quarter at UC and five to six years at CSU.  There are many  
          reasons for this, both within and beyond the student's control:  
          timely access to classes, the need to work to support families  
          or reduce the need to borrow, part-time attendance, family  
          and/or economic hardship, and high-unit majors, such as  
          engineering.  

          The Committee may wish to consider if this bill unfairly targets  
          students who are unable to graduate in four-years.  
          
           Unclear impact on transfer students  .  This bill is silent on the  
          fee level that transfer students would be charged.  

          The Committee may wish to consider whether transfer students  
          should be entitled to the fee levels they would have paid had  
          they entered as freshmen.
           UC Working Group on Tuition  .  UC President Napolitano has  
          convened a working group to review and recommend a long-term  
          tuition policy.  According to UC, "the working group is tasked  
          with examining options for bringing clarity to, and reducing the  
          volatility in, the tuition setting process."  UC has taken a  
          position of "concern" on this bill, noting that "the University  
          is in the best position to collaboratively come up with a new  
          tuition policy without the need for state legislation." 
           
          Previous legislation  .  In 2013, several Assembly bills were  
          introduced that would have limited tuition increases and  
          established long-term fee policies for UC and CSU.  Ultimately,  








                                                                  AB 138
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          the Committee and authors agreed to move forward a single fee  
          policy bill.  AB 67 (Olsen, Chavez, Gorell) would have  
          prohibited CSU and UC from increasing undergraduate fees for  
          California residents, until January 1, 2017, so long as  
          specified funding is provided to the segments in the Budget Act.  
           AB 67 was approved by this Committee but subsequently held on  
          suspense in the Assembly Appropriations Committee. 

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on File

           Opposition 
           
          None on File
           

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