BILL NUMBER: AB 42	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 16, 2015

INTRODUCED BY   Assembly Member Kim
    (   Principal coauthor:   Senator 
 Huff   ) 
    (   Coauthors:   Assembly Members 
 Achadjian,   Travis Allen,   Baker,  
Bigelow,   Brough,   Chávez,   Gallagher,
  Grove,   Jones,   Lackey,  
Linder,   Maienschein,   Mathis,   Mayes,
  Melendez,   Olsen,   Patterson, 
 Steinorth,   Wagner,   Waldron,   and
Wilk   ) 
    (   Coauthors:   Senators   Bates,
  Nguyen,   Nielsen,   Stone,  
and Vidak   ) 

                        DECEMBER 1, 2014

   An act to add Chapter 3.7 (commencing with Section 66170) and
Chapter 3.8 (commencing with Section 66180) to Part 40 of Division 5
of Title 3 of the Education Code, relating to public postsecondary
education, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 42, as amended, Kim. Public postsecondary education: funding
and mandatory fees.
   (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 2015-16 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 2014-15 fiscal
year.
   The bill, from the 2015-16 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 2014-15 fiscal year.
   The bill, from the 2015-16 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 2014-15 fiscal year.

   (2) Existing law prohibits a campus of the California State
University, or the Chancellor of the California State University, or
both, from approving a student success fee before January 1, 2016.
Existing law requires, during the 2014-15 fiscal year, the chancellor
to conduct a review of the California State University Student Fee
Policy relating to student success fees and to recommend to the
Trustees of the California State University changes to the fee
policy.
   This bill, commencing with the 2015-16 fiscal year, would prohibit
the imposition of a student success fee at a campus of a segment of
public postsecondary education unless the student success fee is
approved by a favorable vote of  2/3   a
majority  of those students voting at an election of the student
body held at that campus within the preceding 48 months.
   (3) 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.  (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 
2015-16   2015-   16  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 2014-15 fiscal
year.
   (b) Notwithstanding Section 76300 or any other law, from the
2015-16 fiscal year to the  2018-19   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
2014-15 fiscal year.
   (c) Notwithstanding any other law, from the 2015-16 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 2014-15 fiscal
year.
  SEC. 3.  Chapter 3.8 (commencing with Section 66180) is added to
Part 40 of Division 5 of Title 3 of the Education Code, to read:
      CHAPTER 3.8.  MANDATORY FEES


   66180.  Commencing with the 2015-16 fiscal year:
   (a) A student success fee, as defined in this section, shall not
be imposed on a student of a campus of the California Community
Colleges unless the student success fee has been approved by a
favorable vote of  two-thirds   a majority 
of those students voting at an election of the student body held at
that campus within the preceding 48 months.
   (b) A student success fee, as defined in this section, shall not
be imposed on a student of a campus of the California State
University unless the student success fee has been approved by a
favorable vote of  two-thirds   a majority 
of those students voting at an election of the student body held at
that campus on or after January 1, 2016, and within the preceding 48
months.
   (c) Notwithstanding Section 67400, a student success fee, as
defined in this section, shall not be imposed on a student of a
campus of the University of California unless the student success fee
has been approved by a favorable vote of  two-thirds
  a majority  of those students voting at an
election of  a   the  student body held at
that campus within the preceding 48 months.
   (d) "Student success fee," as used in this section, is defined to
mean a type of campus-based mandatory fee that must be paid by a
student to enroll or attend a campus of the California Community
Colleges, the California State University, or the University of
California, as determined by that campus or the office of the
Chancellor of the California Community Colleges, the Chancellor of
the California State University, or the Regents of the University of
California, respectively.
  SEC. 4.  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 2015-16
fiscal year, it is necessary that this act take effect immediately.