Bill Text: CA AB2445 | 2013-2014 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Community colleges: transportation fees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-06-25 - Chaptered by Secretary of State - Chapter 63, Statutes of 2014. [AB2445 Detail]

Download: California-2013-AB2445-Enrolled.html

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BILL NUMBER: AB 2445	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JUNE 16, 2014
	PASSED THE ASSEMBLY  APRIL 24, 2014

INTRODUCED BY   Assembly Member Chau

                        FEBRUARY 21, 2014

   An act to amend Section 76361 of the Education Code, relating to
community colleges.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2445, Chau. Community colleges: transportation fees.
   Existing law establishes the California Community Colleges under
the administration of the Board of Governors of the California
Community Colleges. Existing law authorizes the establishment of
community college districts under the administration of community
college governing boards, and authorizes these districts to provide
instruction at community college campuses throughout the state.
Existing law also authorizes the governing board of each district to
impose various fees, including fees for parking and transportation
services that are subject to specified limits. Existing law provides
that a district is prohibited from entering into a contract for
transportation services provided by a common carrier or a municipally
owned transit system and funded by a fee for transportation
services, unless a majority of the students of that district approve
payment of the fee for that purpose within a specified time period.
   This bill would specify that a community college district is
authorized to enter into a contract for the transportation services
described above if a majority of the students of that district, or
campus of that district, as appropriate, approve the payment of the
fee within the same time period.


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

  SECTION 1.  Section 76361 of the Education Code is amended to read:

   76361.  (a) The governing board of a community college district
may require students in attendance and employees at a campus of the
district to pay a fee for purposes of partially or fully recovering
transportation costs incurred by the district or of reducing fares
for services provided by common carriers or municipally owned transit
systems to these students and employees.
   (b) Fees authorized by subdivision (a) for transportation services
may be required to be paid only by students and employees using the
services, or, in the alternative, by any of the following groups of
people:
   (1) Upon the favorable vote of a majority of the students and a
majority of the employees of a campus of the district, who voted at
an election on the question of whether or not the governing board
should require all students and employees at the campus to pay a fee
for transportation services for a period of time to be determined by
the governing board of the district, the fees may be required to be
paid by all students, other than those students who are exempt from
the fees pursuant to subdivision (c), and all employees of the campus
of the community college district.
   (2) Upon the favorable vote of a majority of the students at a
campus of the district, who voted at an election on the question of
whether or not the governing board should require all students to pay
a fee for transportation services for a period of time to be
determined by the governing board of the district, the fees may be
required to be paid by all students, other than those students who
are exempt from the fees pursuant to subdivision (c), at the campus
of the community college district. However, the employees shall not
be entitled to use the services.
   (3) Upon the favorable vote of a majority of the students at a
campus of the district taking a specified number of course credits
for a specified duration, to be determined by the governing board,
who voted at an election on the question of whether or not the
governing board should require all students taking that prescribed
number of course credits to pay a fee for transportation services for
a period of time to be determined by the governing board of the
district, the fees may be required to be paid by those students
taking the prescribed number of course credits, except those students
who are exempt from the fees pursuant to subdivision (c), at the
campus of the community college district. However, the employees
shall not be entitled to use the services.
   (c) If a fee is required of students for transportation services
pursuant to paragraph (1) or (2) of subdivision (b), the fee required
of a part-time student shall be a pro rata lesser amount than the
fee charged to full-time students, depending on the number of units
for which the part-time student is enrolled. Notwithstanding any
other law, the governing board of a community college district that
provides for transportation services may adopt rules and regulations
to exempt low-income students from this fee, or to require low-income
students to pay all or part of this fee.
   (d) Notwithstanding any other law:
   (1) The governing board of a community college district to which
this section applies shall not enter into, or extend, a contract for
transportation services provided by a common carrier or a municipally
owned transit system, funded by the proceeds of a fee authorized
under this section, unless and until a majority of the students of
that district, or campus of that district, as appropriate, who vote
in an election, held no more than 10 years prior to the date of the
expiration of the contract proposed to be entered into or no more
than 10 years prior to the date to which it is proposed that an
existing contract be extended, have approved the payment of the fee
for this purpose.
   (2) An election held pursuant to this section shall be held in
accordance with regulations adopted by the board of governors to
ensure that the election is publicly noticed and that all students of
that district or campus of that district, as appropriate, including
full-time, part-time, evening, and weekend students, have an
opportunity to vote in the election.
   (3) If the governing board of a community college district decides
to seek to terminate or alter the arrangements under which the
district receives transportation services from a common carrier or
municipally owned transit system, the governing board shall provide
at least 12 months' notice of that intention to the provider of
transportation services.
   (e) (1) The total fees to be established periodically by the
governing board pursuant to this section shall not exceed the amount
necessary to reimburse the district for transportation costs incurred
by the district in providing the transportation service. The sum of
the fee authorized pursuant to this section for transportation
services and the fee authorized pursuant to Section 76360 for parking
services shall not exceed seventy dollars ($70) per semester or
thirty-five dollars ($35) per intersession, or the proportionate
equivalent for part-time enrollment.
   (2) The governing board of each community college district may
increase the fee limits imposed by this subdivision by the same
percentage increase as the Implicit Price Deflator for State and
Local Government Purchases of Goods and Services published by the
United States Department of Commerce. The fees may be increased
annually up to the next whole dollar increment above the existing fee
limit that calculation produces.
   (f) The governing board of a community college district also may
require the payment of a fee, to be fixed by the governing board, for
the use of transportation services by persons other than students
and employees.
   (g) This section does not apply to, and a fee shall not be charged
for, on-campus shuttles or other transportation services operated on
a campus or between the campus and parking facilities owned by the
district.