Amended in Senate June 5, 2014

Amended in Senate June 25, 2013

Amended in Assembly May 20, 2013

Amended in Assembly April 22, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 938

Introduced by Assembly Member Weber

February 22, 2013

An act to amend begin delete Section 2212 of the Elections end delete begin insert Section 89700 of, and to add Section 66025.6 to, the Education end insert Code, relating to begin delete elections end delete begin insert public postsecondary education end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 938, as amended, Weber. begin delete Voting: felons. end delete begin insert Public postsecondary education: fees. end insert

begin insert

Existing law establishes the California Community Colleges, the California State University, and the University of California as the 3 segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state, and authorizes them to provide instruction at community college campuses. Under existing law, the California State University comprises 25 campuses and the University of California comprises 10 campuses. Under existing law, the segments are authorized to impose fees on their students, both on a systemwide basis and with respect to individual campuses.

end insert begin insert

This bill would prohibit, on and after July 1, 2015, a campus of the California Community Colleges or the California State University from imposing a new campus fee, as defined, or increasing the amount of an existing campus fee, unless the imposition of the new fee or the increase of the existing fee is approved by a majority vote of the students of that campus who vote in an election held for that purpose. The bill would require that, in the event that a new campus fee or an increase in the amount of an existing campus fee is approved by the students of a campus in an election held under the bill, an oversight committee, with designated membership, be established.

end insert begin insert

The bill would urge the Regents of the University of California to adopt regulations and procedures relating to the imposition of new campus fees or increases in the amount of existing campus fees that would be equivalent to the requirements of this bill.

end insert begin delete

Under existing law, the county elections official is required to cancel the voter registration of a person who is presently imprisoned or on parole for conviction of a felony. The clerk of the superior court of each county, on the basis of the records of the court, is required to furnish to the chief elections official of the county a statement showing the names, addresses, and dates of birth of all persons who have been convicted of a felony since the clerk’s last report. The elections official is then required to cancel the affidavits of registration of those persons who are currently imprisoned or on parole for the conviction of a felony.

end delete begin delete

This bill would exclude any person who was placed on probation, as specified, from the court clerk’s reports. The bill would require that the statement also include the last four digits of the person’s social security number, if available. The bill also would specify that the county elections official is required to cancel the affidavit of registration of a person imprisoned or on parole for a felony conviction whose name, address, date of birth, and the last four digits of his or her social security number, if available, are the same as reported on the court clerk’s statement.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 66025.6 is added to the end insert begin insert Education Code end insert begin insert ,
to read: end insert

begin insert

begin insert 66025.6. end insert   

Notwithstanding any other law:

(a) On and after July 1, 2015, a campus of the California
Community Colleges or the California State University may only
impose a new campus fee, or increase the amount of an existing
campus fee, if the imposition of the new fee or the increase of the
existing fee is approved by a majority vote of the students of that
campus who vote in an election held for that purpose.

(b) The ballot used in an election held pursuant to subdivision
(a) shall include a specific description of the purposes for which
the proceeds of the proposed fee would be expended.

(c) In the event that a new campus fee or an increase in the
amount of an existing campus fee is approved by the students of
a campus in an election held pursuant to subdivision (a), an
oversight committee shall be established under this subdivision.
The oversight committee shall be composed of students appointed
by the student body organization of that campus, faculty members
appointed by the faculty senate of that campus, and administrators
appointed by the president of that campus, with the distribution
of the membership of that oversight committee among those three
groups being determined by the student body organization of that
campus.

(d) As used in this section, “campus fee” means a fee that is
charged only to the students of a particular campus of the
California Community Colleges or the California State University,
and is thus distinguishable from a systemwide fee.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 89700 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

89700.  

(a)  begin delete The end delete begin insert Except as required pursuant to Section 66025.6,
the end insert trustees may by rule require all persons to pay fees, rents,
deposits, and charges for services, facilities or materials provided
by the trustees to begin delete such end delete begin insert those end insert persons. The trustees may, by rule,
provide for the method of collecting such fees, rents, deposits, and
charges, and may, by rule, provide for the refund in whole or part
of begin delete such end delete begin insert those end insert fees, rents, deposits, and charges collected in error
or collected for facilities, services, or materials not utilized.

(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant
to Chapter 12 (commencing with Section 3560) of Division 4 of
Title 1 of the Government Code, the memorandum of
understanding shall be controlling without further legislative action,
except that if such provisions of a memorandum of understanding
require the expenditure of funds, the provisions shall not become
effective unless approved by the Legislature in the annual Budget
Act.

begin insert

begin insert SEC. 3. end insert   

The Regents of the University of California are urged
to adopt regulations and procedures relating to the imposition of
new campus fees or increases in the amount of existing campus
fees that would be equivalent to the requirements of Section
66025.6 of the Education Code as enacted by the act that adds
this section.

end insert

begin delete

SECTION 1.  

Section 2212 of the Elections Code is amended
to read:

2212.  

The clerk of the superior court of each county, on the
basis of the records of the court, shall furnish to the chief elections
official of the county, not less frequently than the first day of April
and the first day of September of each year, a statement showing
the name, address, date of birth, and, if available, the last four
digits of the social security number of each person who has been
convicted of a felony since the clerk’s last report, not including
any person who was placed on probation pursuant to Section 1203
of the Penal Code. The elections official shall, during the first
week of April and the first week of September in each year, cancel
the affidavit of registration of each person who is currently
imprisoned or on parole for the conviction of a felony whose name,
address, date of birth, and, if available, the last four digits of his
or her social security number is the same as reported on the court
clerk’s statement. The clerk shall certify the statement under the
seal of the court.

end delete