Bill Text: CA AB938 | 2013-2014 | Regular Session | Amended

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

---

Bill Title: Public postsecondary education: fees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-08-25 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB938 Detail]

Download: California-2013-AB938-Amended.html

---

BILL NUMBER: AB 938	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 5, 2014
	AMENDED IN SENATE  JUNE 25, 2013
	AMENDED IN ASSEMBLY  MAY 20, 2013
	AMENDED IN ASSEMBLY  APRIL 22, 2013

INTRODUCED BY   Assembly Member Weber

                        FEBRUARY 22, 2013

   An act to amend  Section 2212 of the Elections 
 Section 89700 of, and to add Section 66025.6 to, the Education
 Code, relating to  elections   public
postsecondary education  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 938, as amended, Weber.  Voting: felons.  
Public postsecondary education: fees.  
   Existing law establishes the California Community Colleges, the
California State University, and the University of California as the
3 segments of public postsecondary education in this state. Existing
law establishes community college districts throughout the state, and
authorizes them to provide instruction at community college
campuses. Under existing law, the California State University
comprises 25 campuses and the University of California comprises 10
campuses. Under existing law, the segments are authorized to impose
fees on their students, both on a systemwide basis and with respect
to individual campuses.  
   This bill would prohibit, on and after July 1, 2015, a campus of
the California Community Colleges or the California State University
from imposing a new campus fee, as defined, or increasing the amount
of an existing campus fee, unless the imposition of the new fee or
the increase of the existing fee is approved by a majority vote of
the students of that campus who vote in an election held for that
purpose. The bill would require that, in the event that a new campus
fee or an increase in the amount of an existing campus fee is
approved by the students of a campus in an election held under the
bill, an oversight committee, with designated membership, be
established.  
   The bill would urge the Regents of the University of California to
adopt regulations and procedures relating to the imposition of new
campus fees or increases in the amount of existing campus fees that
would be equivalent to the requirements of this bill.  
   Under existing law, the county elections official is required to
cancel the voter registration of a person who is presently imprisoned
or on parole for conviction of a felony. The clerk of the superior
court of each county, on the basis of the records of the court, is
required to furnish to the chief elections official of the county a
statement showing the names, addresses, and dates of birth of all
persons who have been convicted of a felony since the clerk's last
report. The elections official is then required to cancel the
affidavits of registration of those persons who are currently
imprisoned or on parole for the conviction of a felony. 

   This bill would exclude any person who was placed on probation, as
specified, from the court clerk's reports. The bill would require
that the statement also include the last four digits of the person's
social security number, if available. The bill also would specify
that the county elections official is required to cancel the
affidavit of registration of a person imprisoned or on parole for a
felony conviction whose name, address, date of birth, and the last
four digits of his or her social security number, if available, are
the same as reported on the court clerk's statement. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 66025.6 is added to the 
 Education Code   , to read:  
   66025.6.  Notwithstanding any other law:
   (a) On and after July 1, 2015, a campus of the California
Community Colleges or the California State University may only impose
a new campus fee, or increase the amount of an existing campus fee,
if the imposition of the new fee or the increase of the existing fee
is approved by a majority vote of the students of that campus who
vote in an election held for that purpose.
   (b) The ballot used in an election held pursuant to subdivision
(a) shall include a specific description of the purposes for which
the proceeds of the proposed fee would be expended.
   (c) In the event that a new campus fee or an increase in the
amount of an existing campus fee is approved by the students of a
campus in an election held pursuant to subdivision (a), an oversight
committee shall be established under this subdivision. The oversight
committee shall be composed of students appointed by the student body
organization of that campus, faculty members appointed by the
faculty senate of that campus, and administrators appointed by the
president of that campus, with the distribution of the membership of
that oversight committee among those three groups being determined by
the student body organization of that campus.
   (d) As used in this section, "campus fee" means a fee that is
charged only to the students of a particular campus of the California
Community Colleges or the California State University, and is thus
distinguishable from a systemwide fee. 
   SEC. 2.    Section 89700 of the   Education
Code   is amended to read: 
   89700.  (a)  The   Except as required
pursuant to Section 66025.6, the  trustees may by rule require
all persons to pay fees, rents, deposits, and charges for services,
facilities or materials provided by the trustees to  such
  those  persons. The trustees may, by rule,
provide for the method of collecting such fees, rents, deposits, and
charges, and may, by rule, provide for the refund in whole or part of
 such   those  fees, rents, deposits, and
charges collected in error or collected for facilities, services, or
materials not utilized.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act. 
  SEC. 3.    The Regents of the University of California are
urged to adopt regulations and procedures relating to the imposition
of new campus fees or increases in the amount of existing campus
fees that would be equivalent to the requirements of Section 66025.6
of the Education Code as enacted by the act that adds this section.
 
  SECTION 1.    Section 2212 of the Elections Code
is amended to read:
   2212.  The clerk of the superior court of each county, on the
basis of the records of the court, shall furnish to the chief
elections official of the county, not less frequently than the first
day of April and the first day of September of each year, a statement
showing the name, address, date of birth, and, if available, the
last four digits of the social security number of each person who has
been convicted of a felony since the clerk's last report, not
including any person who was placed on probation pursuant to Section
1203 of the Penal Code. The elections official shall, during the
first week of April and the first week of September in each year,
cancel the affidavit of registration of each person who is currently
imprisoned or on parole for the conviction of a felony whose name,
address, date of birth, and, if available, the last four digits of
his or her social security number is the same as reported on the
court clerk's statement. The clerk shall certify the statement under
the seal of the court.