Amended in Senate June 18, 2014

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 BillNo. 938


Introduced by Assembly Member Weber

February 22, 2013


An act to amend Section 89700 of, and to add Section 66025.6 to, the Education Code, relating to public postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 938, as amended, Weber. Public postsecondary education: fees.

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.

This bill would prohibitbegin delete, on and after July 1, 2015, a campus of the California Community Colleges orend delete the California State University from imposing a newbegin delete campusend deletebegin insert student successend insert fee, as defined, or increasing the amount of an existingbegin delete campusend deletebegin insert student successend insert 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 newbegin delete campusend deletebegin insert student successend insert fee or an increase in the amount of an existingbegin delete campusend deletebegin insert student successend insert fee is approved by the students of a campus in an election held under the bill, an oversight committee, with designated membership, be established.

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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 66025.6 is added to the Education Code,
2to read:

3

66025.6.  

Notwithstanding any other law:

4(a) begin deleteOn and after July 1, 2015, a campus of the California
5Community Colleges or the end delete
begin insertThe end insertCalifornia State University may
6only impose a newbegin delete campusend deletebegin insert student successend insert fee, or increase the
7amount of an existing begin deletecampusend deletebegin insert student successend insert fee, if the imposition
8of the new fee or the increase of the existing fee is approved by a
9majority vote of the students of that campus who vote in an election
10held for that purpose.

11(b) The ballot used in an election held pursuant to subdivision
12(a) shall include a specific description of the purposes for which
13the proceeds of the proposed fee would be expended.

14(c) In the event that a newbegin delete campusend deletebegin insert student successend insert fee or an
15increase in the amount of an existingbegin delete campusend deletebegin insert student successend insert fee
16is approved by the students of a campus in an election held pursuant
17to subdivision (a), an oversight committee shall be established
18under this subdivision. The oversight committee shall be composed
19of students appointed by the student body organization of that
20campus, faculty members appointed by the faculty senate of that
21campus, and administrators appointed by the president of that
22campus, with the distribution of the membership of that oversight
P3    1committee among those three groups being determined by the
2student body organization of that campus.

3(d) As used in this section,begin delete “campus fee” means a fee that is
4charged only to the students of a particular campus of the California
5Community Colleges or the California State University, and is
6thus distinguishable from a systemwide fee.end delete
begin insert “student success fee”
7has the same meaning as that term is defined in paragraph (2) of
8subdivision (d) of Section 89712.end insert

9

SEC. 2.  

Section 89700 of the Education Code is amended to
10read:

11

89700.  

(a) Except as required pursuant to Section 66025.6,
12the trustees may by rule require all persons to pay fees, rents,
13deposits, and charges for services, facilities or materials provided
14by the trustees to those persons. The trustees may, by rule, provide
15for the method of collecting such fees, rents, deposits, and charges,
16and may, by rule, provide for the refund in whole or part of those
17fees, rents, deposits, and charges collected in error or collected for
18facilities, services, or materials not utilized.

19(b) If the provisions of this section are in conflict with the
20provisions of a memorandum of understanding reached pursuant
21to Chapter 12 (commencing with Section 3560) of Division 4 of
22Title 1 of the Government Code, the memorandum of
23understanding shall be controlling without further legislative action,
24except that if such provisions of a memorandum of understanding
25require the expenditure of funds, the provisions shall not become
26effective unless approved by the Legislature in the annual Budget
27Act.

28

SEC. 3.  

The Regents of the University of California are urged
29to adopt regulations and procedures relating to the imposition of
30new campus fees or increases in the amount of existing campus
31fees that would be equivalent to the requirements of Section
3266025.6 of the Education Code as enacted by the act that adds this
33section.



O

    94