Bill Text: CA AB2210 | 2015-2016 | Regular Session | Amended

California Assembly Bill 2210 (Prior Session Legislation)

Bill Title: California State University: student success fees.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2210 Detail]

Download: California-2015-AB2210-Amended.html

BILL NUMBER: AB 2210	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 17, 2016

INTRODUCED BY   Assembly Member Harper
   (  Coauthor:   Assembly Member 
 Brough   Coauthors:   Assembly Members
  Brough,   Gallagher,   and Olsen 
)
   (  Coauthor:   Senator  
Bates   Coauthors:   Senators   Bates
  and Runner  )

                        FEBRUARY 18, 2016

   An act to amend Sections 89711 and 89712 of the Education Code,
relating to the California State University.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2210, as amended, Harper. California State University: student
success fees.
   Existing law establishes the California State University, under
the administration of the Trustees of the California State
University, as one of the segments of public postsecondary education
in this state. Existing law authorizes the trustees by rule to
require all persons to pay fees, rents, deposits, and charges for
services, facilities, or materials provided by the trustees to those
persons. Existing law prohibits specified California State University
campus-based mandatory fees from being reallocated without an
affirmative vote of the majority of the members of either the student
body or a specified campus fee advisory committee voting on the fee
reallocation, unless the vote that established the fee authorizes an
alternative or automatic reallocation mechanism for that fee.
   Existing law prohibits a campus of the California State
University, or the Chancellor of the California State University,
from imposing a student success fee, as defined, unless certain
requirements are met. Among these requirements is an affirmative vote
of a majority of the student body voting at a binding student
election.
   This bill would increase the affirmative vote required for the
imposition of a student success fee from a majority to 2/3 of the
student body voting on that proposed fee. The bill would also make a
technical conforming change in a related provision.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 89711 of the Education Code is amended to read:

   89711.  (a) Except as provided for in subdivision (b), a
California State University campus-based mandatory fee, other than a
student success fee as defined in Section 89712, established through
an affirmative vote of the majority of the student body voting on the
fee, but not specifically authorized by statute, shall not be
reallocated without an affirmative vote of a majority of the members
of either the student body or a campus fee advisory committee
established under the policies of the California State University
voting on the fee reallocation.
   (b) A California State University campus-based mandatory fee,
other than a student success fee as defined in Section 89712,
established through an affirmative vote of the majority of the
student body voting on the fee, but not specifically authorized by
statute, may be reallocated without an affirmative vote of a majority
of the members of either the student body or a campus fee advisory
committee voting on the fee if the vote that established the fee
authorized an alternative or automatic reallocation mechanism for
that fee.
   (c) This section shall not apply to campus-based fees approved
prior to the enactment of this section.
  SEC. 2.  Section 89712 of the Education Code, as added by Section 2
of Chapter 636 of the Statutes of 2015, is amended to read:
   89712.  (a) (1) Neither a campus of the California State
University nor the Chancellor of the California State University
shall approve a new student success fee or an increase to an existing
student success fee, as defined in subdivision (g), before all of
the following requirements are satisfied:
   (A) The campus undertakes a rigorous consultation process that
informs and educates students on the uses, impact, and cost of any
proposed student success fee or student success fee increase.
   (B) The campus informs its students of all of the following
circumstances,  each of  which shall apply to these fees:
   (i) That, except as provided in clauses (ii) and (iii), a student
success fee may be rescinded by a majority vote of the students, as
specified in subdivision (c).
   (ii) That a student success fee may not be rescinded earlier than
six years following the vote to implement the fee.
   (iii) If any portion of the student success fee is committed to
support a long-term obligation, that portion of the fee may not be
rescinded until the obligation has been satisfied.
   (C) The campus shall hold a binding student election on the
implementation of any proposed student success fees, or any increase
to an existing student success fee, and two-thirds of the student
body voting on the fee must vote affirmatively.
   (2) Implementation of a fee supported by two-thirds of the campus
student body voting on the fee is contingent upon the final approval
of the Chancellor of the California State University.
   (3) A student success fee proposal may not be brought before the
student body more frequently than once per academic year.
   (b) A student success fee in place on January 1, 2016, may be
rescinded by a binding student vote under the procedures authorized
in subdivision (c) only after at least six years have elapsed
following the implementation of the fee.
   (c) (1) Student success fees may be rescinded with a binding
student vote wherein a simple majority of those students voting vote
to rescind the fee. The student vote shall comply with all of the
following:
   (A) A campus decision to vote is formally approved by the
recognized student government.
   (B) Rescission vote proposals shall not be brought before the
student body more frequently than once per academic year.
   (C) In the process of reconsidering a student success fee, and
before the student vote occurs, the students shall be informed, if a
portion of the fee is supporting a long-term obligation, the dollar
amount of that portion, and the date on which the long-term
obligation would be satisfied.
   (2) No new contractual or other obligation that would be supported
by the rescinded student success fee may be entered into following a
vote to rescind the fee.
   (d) The Chancellor of the California State University shall ensure
that all of the following occur on each campus:
   (1) There is majority student representation in campus student
success fee allocation oversight groups.
   (2) There is an annual report from each campus to the chancellor
on student success fees.
   (3) There is uniform, transparent, online accountability in the
decisionmaking process for, and a detailed accounting of, the
allocation of student success fees.
   (e) The Chancellor of the California State University shall
establish appropriate reporting procedures to ensure that a campus is
in compliance with the requirements of this section.
   (f) The  chancellor   Chancellor of the
California State University  shall report, by December 1 of each
year, to the Department of Finance, and the Legislature pursuant to
Section 9795 of the Government Code, a summary of the fees adopted or
rescinded in the prior academic year, and the uses of proposed and
currently implemented fees.
   (g) For purposes of this section, a "student success fee" is a
type of category II campus-based mandatory fee that is required to be
paid by a student before that student may enroll or attend a campus
of the California State University, as determined by that campus or
the Chancellor of the California State University.