California Legislature—2015–16 Regular Session

Assembly BillNo. 42


Introduced by Assembly Member Kim

December 1, 2014


An act to add Chapter 3.7 (commencing with Section 66170) and Chapter 3.8 (commencing with Section 66180) to Part 40 of Division 5 of Title 3 of the Education Code, relating to public postsecondary education, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 42, as introduced, Kim. Public postsecondary education: funding and mandatory fees.

(1) Existing law establishes the California State University, under the administration of the Trustees of the California State University, the University of California, under the administration of the Regents of the University of California, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as the 3 segments of public postsecondary education in this state. Existing law appropriates funding, in the annual Budget Act and in other statutes, from the state General Fund for the support of these segments. Existing law also authorizes these segments to require their students to pay mandatory systemwide fees and tuition, among other costs, for matriculation at these institutions.

Proposition 30, known as the Schools and Local Public Safety Protection Act of 2012, was approved by the voters at the November 6, 2012, statewide general election and, among other things, increases personal income tax and sales and use tax rates and provides revenue for public elementary and secondary schools and community colleges.

This bill would express a finding and declaration of the Legislature, and express the intent of the Legislature, relating to the enactment of Proposition 30 by the voters and to the provision of funding to the California State University, the University of California, and the California Community Colleges.

The bill, from the 2015-16 fiscal year to the 2018-19 fiscal year, inclusive, would prohibit mandatory systemwide fees or tuition charged to students of the California State University from exceeding the level of the mandatory systemwide fees or tuition charged to students of the California State University for the 2014-15 fiscal year.

The bill, from the 2015-16 fiscal year to the 2018-19 fiscal year, inclusive, would prohibit the mandatory systemwide fees charged to students of the California Community Colleges from increasing beyond the level of the mandatory systemwide fees charged to students of the California Community Colleges for the 2014-15 fiscal year.

The bill, from the 2015-16 fiscal year to the 2018-19 fiscal year, inclusive, would prohibit the mandatory systemwide fees or tuition charged to students of the University of California from exceeding the level of the mandatory systemwide fees or tuition charged to students of the University of California for the 2014-15 fiscal year.

(2) Existing law prohibits a campus of the California State University, or the Chancellor of the California State University, or both, from approving a student success fee before January 1, 2016. Existing law requires, during the 2014-15 fiscal year, the chancellor to conduct a review of the California State University Student Fee Policy relating to student success fees and to recommend to the Trustees of the California State University changes to the fee policy.

This bill, commencing with the 2015-16 fiscal year, would prohibit the imposition of a student success fee at a campus of a segment of public postsecondary education unless the student success fee is approved by a favorable vote of 23 of those students voting at an election of the student body held at that campus within the preceding 48 months.

(3) This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

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SECTION 1.  

(a) The Legislature finds and declares that
2Proposition 30, known as the Schools and Local Public Safety
3Protection Act of 2012, which was enacted by the voters at the
4statewide general election on November 6, 2012, is estimated to
5raise fifty billion dollars ($50,000,000,000) over a period of seven
6years.

7(b) It is the intent of the Legislature to accomplish both of the
8following:

9(1) In recognition of the promises made to the voters of
10California that the imposition of tax rate increases by the Schools
11and Local Public Safety Protection Act of 2012 would protect
12education, to provide General Fund support for the California State
13University, the University of California, and the California
14Community Colleges in amounts that are at least as large as the
15amounts provided to those respective segments for the 2012-13
16fiscal year, for as long as those higher tax rates are in effect.

17(2) To increase funding to the California State University,
18University of California, and California Community Colleges
19systems to ensure that increases in mandatory systemwide student
20fees or tuition are not required during the period when the higher
21tax rates imposed by the Schools and Local Public Safety
22Protection Act of 2012 will be in effect.

23

SEC. 2.  

Chapter 3.7 (commencing with Section 66170) is added
24to Part 40 of Division 5 of Title 3 of the Education Code, to read:

25 

26Chapter  3.7. Funding for Public Postsecondary
27Education
28

 

29

66170.  

(a) Notwithstanding any other law, from the 2015-16
30fiscal year to the 2018-19 fiscal year, inclusive, mandatory
31systemwide fees or tuition charged to students of the California
32State University shall not exceed the level of the mandatory
33systemwide fees or tuition charged to students of the California
34State University for the 2014-15 fiscal year.

35(b) Notwithstanding Section 76300 or any other law, from the
362015-16 fiscal year to the 2018-19 fiscal year, inclusive, the
37mandatory systemwide fees charged to students of the California
38Community Colleges shall not increase beyond the level of the
P4    1mandatory systemwide fees charged to students of the California
2Community Colleges for the 2014-15 fiscal year.

3(c) Notwithstanding any other law, from the 2015-16 fiscal year
4to the 2018-19 fiscal year, inclusive, mandatory systemwide fees
5or tuition charged to students of the University of California shall
6not exceed the level of the mandatory systemwide fees or tuition
7charged to students of the University of California for the 2014-15
8fiscal year.

9

SEC. 3.  

Chapter 3.8 (commencing with Section 66180) is added
10to Part 40 of Division 5 of Title 3 of the Education Code, to read:

11 

12Chapter  3.8. Mandatory Fees
13

 

14

66180.  

Commencing with the 2015-16 fiscal year:

15(a) A student success fee, as defined in this section, shall not
16be imposed on a student of a campus of the California Community
17Colleges unless the student success fee has been approved by a
18favorable vote of two-thirds of those students voting at an election
19of the student body held at that campus within the preceding 48
20months.

21(b) A student success fee, as defined in this section, shall not
22be imposed on a student of a campus of the California State
23University unless the student success fee has been approved by a
24favorable vote of two-thirds of those students voting at an election
25of the student body held at that campus on or after January 1, 2016,
26and within the preceding 48 months.

27(c) Notwithstanding Section 67400, a student success fee, as
28defined in this section, shall not be imposed on a student of a
29campus of the University of California unless the student success
30fee has been approved by a favorable vote of two-thirds of those
31students voting at an election of a student body held at that campus
32within the preceding 48 months.

33(d) “Student success fee,” as used in this section, is defined to
34mean a type of campus-based mandatory fee that must be paid by
35a student to enroll or attend a campus of the California Community
36Colleges, the California State University, or the University of
37California, as determined by that campus or the office of the
38Chancellor of the California Community Colleges, the Chancellor
39of the California State University, or the Regents of the University
40of California, respectively.

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SEC. 4.  

This act is an urgency statute necessary for the
2immediate preservation of the public peace, health, or safety within
3the meaning of Article IV of the Constitution and shall go into
4immediate effect. The facts constituting the necessity are:

5In order to protect the students of the California State University,
6the University of California, and the California Community
7Colleges and their families from unjustified increases in mandatory
8systemwide fees and tuition commencing with the 2015-16 fiscal
9year, it is necessary that this act take effect immediately.



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