BILL NUMBER: AB 262 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 5, 2007
PASSED THE ASSEMBLY SEPTEMBER 7, 2007
AMENDED IN SENATE AUGUST 22, 2007
AMENDED IN SENATE JULY 5, 2007
AMENDED IN SENATE JUNE 21, 2007
AMENDED IN ASSEMBLY MAY 29, 2007
INTRODUCED BY Assembly Member Coto
FEBRUARY 5, 2007
An act to amend Section 89030.1 of, and to add Chapter 1.4
(commencing with Section 99040) to Part 65 of Division 14 of Title 3
of, the Education Code, and to amend, repeal, and add Section
13332.09 of the Government Code, relating to public postsecondary
education.
LEGISLATIVE COUNSEL'S DIGEST
AB 262, Coto. Public postsecondary education.
(1) Existing law establishes the California State University under
the administration of the Trustees of the California State
University. Existing law, to be repealed as of January 1, 2008, sets
forth a procedure for the adoption of regulations by the trustees,
and requires the trustees to follow that procedure rather than the
procedure set forth in the Administrative Procedure Act.
This bill would extend the repeal date of this provision from
January 1, 2008, to January 1, 2013.
(2) Existing law establishes the various segments of the higher
education system in the state. These segments include the University
of California, which is administered by the Regents of the University
of California, the California State University, which is
administered by the Trustees of the California State University, the
California Community Colleges, which is administered by the Board of
Governors of the California Community Colleges, and various private
and independent colleges and universities. The Student Financial
Responsibility Act requests the regents and the governing body of
each accredited private or independent college or university in the
state, and requires the trustees and the board of governors, to adopt
policies to regulate the marketing practices used on campuses by
credit card companies.
This bill would urge the regents and require the trustees and
board of governors to annually direct each campus to disclose all
exclusive arrangements, excluding proprietary information, with banks
or other commercial entities to engage in on-campus credit card
marketing activities. The bill would prohibit banks and other
commercial entities, while soliciting in public campus areas, from
offering gifts to students who complete credit card applications. The
bill would urge the regents to revise the University of California
Policy on the On-Campus Marketing of Credit Cards to Students as it
relates to specified future contractual agreements.
(3) Existing law requires that all contracts for acquisition of
motor vehicles or general use mobile equipment for an executive
branch officer or agency or for any campus of the California State
University be made by or under the supervision of the Department of
General Services, and permits the department to collect a fee to
offset the cost of the services provided. Existing law requests and
encourages the University of California to have the department
perform these tasks with respect to the acquisition or replacement of
motor vehicles by the University of California.
This bill would, until July 1, 2012, delete the California State
University and its campuses from the scope of these provisions. The
bill would require the trustees to report yearly to the Legislature,
until June 30, 2012, certain information relative to motor vehicle
procurement by the California State University.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 89030.1 of the Education Code is amended to
read:
89030.1. The trustees shall adopt, amend, or repeal regulations
pursuant to this section instead of pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. As used in this section, "regulation" means
every rule, regulation, order, or standard of general application or
the amendment, supplement, or revision of any rule, regulation,
order, or standard adopted by the university to implement, interpret,
or make specific the law enforced or administered by it, or to
govern its procedure, except one that relates only to the internal
management of the university. "Regulation" does not mean or include
any form prescribed by the university or any instructions relating to
the use of the form, nor does it mean or include a building standard
as defined in Section 18909 of the Health and Safety Code.
(a) The trustees' office of general counsel shall review the
proposed regulations for matters such as necessity, authority,
clarity, consistency, reference, and nonduplication, and recommend
any proposed action to the trustees. For purposes of this section,
"necessity," "authority," "clarity," "consistency," "reference," and
"nonduplication" shall have the same meaning as defined by Section
11349 of the Government Code.
(b) Notice of the proposed regulations shall be sent at least 45
days prior to the public hearing to those persons who have requested
notices of the meetings of the trustees and shall be available to the
public in electronic format. The notice shall include the right of
the public to comment orally or in writing on the proposed action
either prior to or during the public hearing.
(c) At the hearing, the public shall be provided the opportunity
to comment on the proposed action.
(d) The trustees shall maintain a rulemaking file containing the
public notice, public comments, and minutes of the public hearing,
including the action taken by the trustees.
(1) The rulemaking file shall contain a summary of each objection
or recommendation made with an explanation of how the proposed action
was changed to accommodate each objection or recommendation, or the
reason or reasons for making no change.
(2) The proposed regulations shall be accompanied by an estimate,
prepared in accordance with instructions adopted by the Department of
Finance, of the effect of the proposed regulations with regard to
the costs or savings to any state agency, the cost of any
state-mandated local program as governed by Part 7 (commencing with
Section 17500) of Division 4 of Title 2 of the Government Code, any
other costs or savings of local agencies, and the costs or savings in
federal funding provided to state agencies.
(e) The trustees shall transmit the regulations as finally adopted
to the Secretary of State for filing. Each regulation shall be
effective upon filing with the Secretary of State, and shall be
published in the California Code of Regulations.
(f) On or before January 15 of each year, the trustees shall
report to the Governor, the Senate Education Committee, and the
Assembly Higher Education Committee as to all regulatory actions
taken by the trustees during the previous calendar year. The report
shall include the statement of reasons for each regulatory action
taken, indicate whether any concerns were raised regarding the
proposed action, and the steps taken by the trustees to alleviate
those concerns.
(g) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 2. Chapter 1.4 (commencing with Section 99040) is added to
Part 65 of Division 14 of Title 3 of the Education Code, to read:
CHAPTER 1.4. THE COLLEGE STUDENT CREDIT PROTECTION ACT
99040. (a) The Regents of the University of California are urged
to, and the Trustees of the California State University and the Board
of Governors of the California Community Colleges shall, perform the
following functions:
(1) Annually direct each campus to disclose all exclusive
arrangements, excluding proprietary information, with banks or other
commercial entities to engage in on-campus marketing of credit cards
to students through solicitation activities in public campus areas,
hereafter referred to as "tabling" activities.
(2) Prohibit banks and other commercial entities, including their
third-party representatives, during on-campus tabling activities from
offering gifts to students for filling out student credit card
applications. Banks and other commercial entities, including their
third-party representatives, may rely on the self-identification of
students for purposes of complying with this paragraph.
(b) The Regents of the University of California are urged to
revise the University of California Policy on the On-Campus Marketing
of Credit Cards to Students (July 28, 2004) by removing the
exemptions in Section VIII of the policy as it relates to all future
contractual agreements with any bank or other commercial entity that
provides banking and other financial services to the campus
community.
SEC. 3. Section 13332.09 of the Government Code is amended to
read:
13332.09. (a) No purchase order or other form of documentation
for acquisition or replacement of motor vehicles shall be issued
against any appropriation until the Department of General Services
has investigated and established the necessity therefor.
(b) A state agency may not acquire surplus mobile equipment from
any source for program support until the Department of General
Services has investigated and established the necessity therefor.
(c) Notwithstanding any other provision of law, all contracts for
the acquisition of motor vehicles or general use mobile equipment for
a state agency shall be made by or under the supervision of the
Department of General Services. Pursuant to Section 10298 of the
Public Contract Code, the Department of General Services may collect
a fee to offset the cost of the services provided.
(d) All passenger-type motor vehicles purchased for state officers
and employees, except constitutional officers, shall be
American-made vehicles of the light class, as defined by the
California Victim Compensation and Government Claims Board, unless
excepted by the Director of General Services on the basis of unusual
requirements, including, but not limited to, use by the California
Highway Patrol, that would justify the need for a motor vehicle of a
heavier class.
(e) No general use mobile equipment having an original purchase
price of twenty-five thousand dollars ($25,000) or more shall be
rented or leased from a nonstate source and payment therefor made
from any appropriation for the use of the Department of
Transportation, without the prior approval of the Department of
General Services after a determination that comparable state-owned
equipment is not available, unless obtaining approval would endanger
life or property, in which case the transaction and the justification
for not having sought prior approval shall be reported immediately
thereafter to the Department of General Services.
(f) As used in this section:
(1) "General use mobile equipment" means equipment that is listed
in the Mobile Equipment Inventory of the State Equipment Council and
that is capable of being used by more than one state agency, and
shall not be deemed to refer to equipment having a practical use
limited to the controlling state agency only. Section 575 of the
Vehicle Code shall have no application to this section.
(2) "State agency" means a state agency, as defined pursuant to
Section 11000. The University of California is requested and
encouraged to have the Department of General Services perform the
tasks identified in this section with respect to the acquisition or
replacement of motor vehicles by the University of California.
(g) The Trustees of the California State University shall, by June
30, 2008, and on or before June 30 of each year thereafter, report
to the Legislature on their motor vehicle procurement, including all
of the following:
(1) An inventory of motor vehicles by campus, that includes the
type of vehicle, consistent with the fleet report to the Department
of General Services.
(2) The number of motor vehicles purchased during the prior fiscal
year, disaggregated by campus and type of vehicle.
(3) The average amount of time taken to complete procurement of
each motor vehicle purchased during the prior fiscal year.
(4) Any changes in policies or procedures made during the prior
fiscal year relative to motor vehicle procurement and contracts for
procurement and identifying any vehicles procured pursuant to the new
policy or procedure.
(5) The estimated cost savings associated with management by the
California State University of motor vehicle procurement, including
average time to complete procurements, reduced administrative costs,
reduced charges paid to the Department of General Services, and
competitive or reduced market prices obtained for vehicles.
(h) This section shall remain in effect only until July 1, 2012,
and as of that date is repealed, unless a later enacted statute, that
is enacted and becomes operative before July 1, 2012, deletes or
extends that date.
SEC. 4. Section 13332.09 is added to the Government Code, to read:
13332.09. (a) No purchase order or other form of documentation
for acquisition or replacement of motor vehicles shall be issued
against any appropriation until the Department of General Services
has investigated and established the necessity therefor.
(b) A state agency may not acquire surplus mobile equipment from
any source for program support until the Department of General
Services has investigated and established the necessity therefor.
(c) Notwithstanding any other provision of law, all contracts for
the acquisition of motor vehicles or general use mobile equipment for
a state agency shall be made by or under the supervision of the
Department of General Services. Pursuant to Section 10298 of the
Public Contract Code, the Department of General Services may collect
a fee to offset the cost of the services provided.
(d) All passenger-type motor vehicles purchased for state officers
and employees, except constitutional officers, shall be
American-made vehicles of the light class, as defined by the
California Victim Compensation and Government Claims Board, unless
excepted by the Director of General Services on the basis of unusual
requirements, including, but not limited to, use by the California
Highway Patrol, that would justify the need for a motor vehicle of a
heavier class.
(e) No general use mobile equipment having an original purchase
price of twenty-five thousand dollars ($25,000) or more shall be
rented or leased from a nonstate source and payment therefor made
from any appropriation for the use of the Department of
Transportation, without the prior approval of the Department of
General Services after a determination that comparable state-owned
equipment is not available, unless obtaining approval would endanger
life or property, in which case the transaction and the justification
for not having sought prior approval shall be reported immediately
thereafter to the Department of General Services.
(f) As used in this section:
(1) "General use mobile equipment" means equipment that is listed
in the Mobile Equipment Inventory of the State Equipment Council and
that is capable of being used by more than one state agency, and
shall not be deemed to refer to equipment having a practical use
limited to the controlling state agency only. Section 575 of the
Vehicle Code shall have no application to this section.
(2) "State agency" means a state agency, as defined pursuant to
Section 11000, and each campus of the California State University.
The University of California is requested and encouraged to have the
Department of General Services perform the tasks identified in this
section with respect to the acquisition or replacement of motor
vehicles by the University of California.
(g) This section shall become operative on July 1, 2012.