BILL NUMBER: AB 67	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 1, 2013

INTRODUCED BY   Assembly  Member   Gorell
  Members   Olsen,   Chávez, 
 and Gorell 
    (  Principal coauthor: 
 Assembly Member   Conway  
) 
    (   Coauthors:  
Assembly Members   Achadjian,  
  Bigelow,    
Chávez,     Beth Gaines, 
   Grove,   
 Hagman,     Harkey,
    Jones,  
  Linder,    
Logue,     Maienschein, 
   Mansoor,   
 Melendez,     Morrell,
    Olsen,  
  Patterson,    
Wagner,    Waldron, 
   and Wilk   ) 

                        JANUARY 7, 2013

   An act to add  Chapter 3.7 (commencing with Section 66170)
to Part 40 of Division 5 of Title 3 of   and repeal
Section 66025.2 of  the Education Code, relating to public
postsecondary education, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 67, as amended,  Gorell   Olsen  .
Public postsecondary education: funding.
   (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 2013-14 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 2011-12 fiscal
year.  
   The bill, from the 2013-14 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 2011-12 fiscal year. 

   The bill, from the 2013-14 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 2011-12 fiscal year.
 
   This bill would prohibit the Trustees of the California State
University from increasing the amounts charged for undergraduate
tuition and mandatory statewide fees for California residents from
the amounts charged in the preceding fiscal year unless certain
increases in appropriation's related to the California State
University are made in specified budget acts. This bill would
encourage the Regents of the University of California to refrain from
increasing the amounts charged for undergraduate tuition and
mandatory statewide fees for California residents in the preceding
fiscal year when certain increases in appropriation's related to the
University of California are made in the same specified budget acts.
These provisions would be repealed on January 1, 2017. 
   (2) This bill would declare that it is to take effect immediately
as an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 66025.2 is added to the 
 Education Code   , to read:  
   66025.2.  (a) (1) Except as provided in paragraph (2), the
Trustees of the California State University shall not increase the
amounts charged for undergraduate tuition and mandatory statewide
fees for California residents from the amounts charged in the
preceding fiscal year.
   (2) (A) This subdivision shall be operative in the 2013-14 fiscal
year only if there is at least a 5 percent increase in the
appropriation made by Item 6610-001-0001 of Section 2.00 of the
Budget Act of 2013, as compared to the appropriation made by that
item in the Budget Act of 2012.
   (B) This subdivision shall be operative in the 2014-15 fiscal year
only if there is at least a 5 percent increase in the appropriation
made by Item 6610-001-0001 of Section 2.00 of the Budget Act of 2014,
as compared to the appropriation made by that item in the Budget Act
of 2013.
   (C) This subdivision shall be operative in the 2015-16 fiscal year
only if there is at least a 4 percent increase in the appropriation
made by Item 6610-001-0001 of Section 2.00 of the Budget Act of 2015,
as compared to the appropriation made by that item in the Budget Act
of 2014.
   (D) This subdivision shall be operative in the 2016-17 fiscal year
if there is at least a 4 percent increase in the appropriation made
by Item 6610-001-0001 of Section 2.00 of the Budget Act of 2016, as
compared to the appropriation made by that item in the Budget Act of
2015.
   (b) (1) The Regents of the University of California are encouraged
to refrain from increasing the amounts charged for undergraduate
tuition and mandatory statewide fees for California residents from
the amounts charged in the 2012-13 fiscal year in either the 2013-14
or 2014-15 fiscal year if there is at least a 5 percent increase in
the appropriation made by Item 6440-001-0001 of Section 2.00 of the
budget act for that fiscal year, as compared to the appropriation
made by that item in the budget act by the preceding fiscal year.
   (2) The regents are encouraged to refrain from increasing the
amounts charged for undergraduate tuition and mandatory statewide
fees for California residents in either the 2015-16 or 2016-17 fiscal
year if there is at least a 4 percent increase in the appropriation
made by Item 6440-001-0001 of Section 2.00 of the budget act for that
fiscal year, as compared to the appropriation made by that item in
the budget act for the preceding fiscal year.
   (c) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date. 
   SEC. 2.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to protect the students of the California State
University, the University of California, and the California
Community Colleges and their families from unjustified increases in
mandatory systemwide fees and tuition commencing with the 2013-14
fiscal year, it is necessary that this act take effect immediately.
 
  SECTION 1.    (a) The Legislature finds and
declares that Proposition 30, known as the Schools and Local Public
Safety Protection Act of 2012, which was enacted by the voters at the
statewide general election on November 6, 2012, is estimated to
raise fifty billion dollars ($50,000,000,000) over a period of seven
years.
   (b) It is the intent of the Legislature to accomplish both of the
following:
   (1) In recognition of the promises made to the voters of
California that the imposition of tax rate increases by the Schools
and Local Public Safety Protection Act of 2012 would protect
education, to provide General Fund support for the California State
University, the University of California, and the California
Community Colleges in amounts that are at least as large as the
amounts provided to those respective segments for the 2012-13 fiscal
year, for as long as those higher tax rates are in effect.
   (2) To increase funding to the California State University,
University of California, and California Community Colleges systems
to ensure that increases in mandatory systemwide student fees or
tuition are not required during the period when the higher tax rates
imposed by the Schools and Local Public Safety Protection Act of 2012
will be in effect.  
  SEC. 2.    Chapter 3.7 (commencing with Section
66170) is added to Part 40 of Division 5 of Title 3 of the Education
Code, to read:
      CHAPTER 3.7.  FUNDING FOR PUBLIC POSTSECONDARY EDUCATION


   66170.  (a) Notwithstanding any other law, from the 2013-14 fiscal
year to the 2018-19 fiscal year, inclusive, mandatory systemwide
fees or tuition charged to students of the California State
University shall not exceed the level of the mandatory systemwide
fees or tuition charged to students of the California State
University for the 2011-12 fiscal year.
   (b) Notwithstanding Section 76300 or any other law, from the
2013-14 fiscal year to the 2018-19 fiscal year, inclusive, the
mandatory systemwide fees charged to students of the California
Community Colleges shall not increase beyond the level of the
mandatory systemwide fees charged to students of the California
Community Colleges for the 2011-12 fiscal year.
   (c) Notwithstanding any other law, from the 2013-14 fiscal year to
the 2018-19 fiscal year, inclusive, mandatory systemwide fees or
tuition charged to students of the University of California shall not
exceed the level of the mandatory systemwide fees or tuition charged
to students of the University of California for the 2011-12 fiscal
year.  
  SEC. 3.    This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
   In order to protect the students of the California State
University, the University of California, and the California
Community Colleges and their families from unjustified increases in
mandatory systemwide fees and tuition commencing with the 2013-14
fiscal year, it is necessary that this act take effect immediately.