Bill Text: CA SB774 | 2011-2012 | Regular Session | Chaptered
Bill Title: Public postsecondary education: parking fees.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-09-06 - Chaptered by Secretary of State. Chapter 245, Statutes of 2011. [SB774 Detail]
Download: California-2011-SB774-Chaptered.html
BILL NUMBER: SB 774 CHAPTERED
BILL TEXT
CHAPTER 245
FILED WITH SECRETARY OF STATE SEPTEMBER 6, 2011
APPROVED BY GOVERNOR SEPTEMBER 6, 2011
PASSED THE SENATE AUGUST 15, 2011
PASSED THE ASSEMBLY JULY 14, 2011
AMENDED IN ASSEMBLY JUNE 23, 2011
AMENDED IN SENATE APRIL 6, 2011
INTRODUCED BY Senator Hancock
(Coauthor: Senator Lowenthal)
FEBRUARY 18, 2011
An act to amend Sections 76360 and 76361 of the Education Code,
relating to community colleges.
LEGISLATIVE COUNSEL'S DIGEST
SB 774, Hancock. Public postsecondary education: parking 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 authorizes the governing board of each district to
impose various fees, including maximum fees for parking and
transportation services. Existing law requires the transportation
services fee limit to be annually increased, as specified.
This bill would raise the maximum parking services fee limits, as
specified, and authorize the governing board of each community
college district to annually increase the parking and transportation
services fee limits 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 PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 76360 of the Education Code is amended to read:
76360. (a) (1) The governing board of a community college
district may require students in attendance and employees of the
district to pay a fee, in an amount, not to exceed fifty dollars
($50) per semester and twenty-five dollars ($25) per intersession, to
be established by the board, for parking services. The fee shall
only be required of students and employees using parking services and
shall not exceed the actual cost of providing parking services.
(2) To encourage ridesharing and carpooling, the fee shall not
exceed thirty-five dollars ($35) per semester and fifteen dollars
($15) per intersession for a student who certifies, in accordance
with procedures established by the board, that he or she regularly
has two or more passengers commuting to the community college with
him or her in the vehicle parked at the community college.
(3) 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.
(b) (1) The governing board may require payment of a parking fee
at a campus in excess of the limits set forth in subdivision (a) for
the purpose of funding the construction of on-campus parking
facilities if both of the following conditions exist at the campus:
(A) The full-time equivalent student (FTES) per parking space on
the campus exceeds the statewide average FTES per parking space on
community college campuses.
(B) The market price per square foot of land adjacent to the
campus exceeds the statewide average market price per square foot of
land adjacent to community college campuses.
(2) If the governing board requires payment of a parking fee in
excess of the limits set forth in subdivision (a), the fee may not
exceed the actual cost of constructing a parking structure.
(c) Students who receive financial assistance pursuant to any
programs described in subdivision (g) of Section 76300 shall be
exempt from parking fees imposed pursuant to this section that exceed
thirty dollars ($30) per semester.
(d) The governing board of a community college district may also
require the payment of a fee, to be established by the governing
board, for the use of parking services by persons other than students
and employees.
(e) All parking fees collected shall be deposited in the
designated fund of the district in accordance with the California
Community Colleges Budget and Accounting Manual, and shall be
expended only for parking services or for purposes of reducing the
costs to students and employees of the college of using public
transportation to and from the college.
(f) Fees collected for use of parking services provided for by
investment of student body funds under the authority of Section 76064
shall be deposited in a designated fund in accordance with the
California Community Colleges Budget and Accounting Manual for
repayment to the student organization.
(g) "Parking services," as used in this section, means the
purchase, construction, and operation and maintenance of parking
facilities for vehicles and motor vehicles as defined by Sections 415
and 670 of the Vehicle Code.
SEC. 2. 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 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,
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.
