AB 1543: Community colleges: student representation fees.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-06-27
Current Status:
Failed
(2023-09-01: In committee: Held under submission.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law requires the Board of Governors of the California Community Colleges to exercise general supervision over the California Community Colleges including the authority to adopt rules and regulations necessary and proper to execute the functions expressly authorized by statute.
Existing law authorizes the governing board of a community college district to authorize the students of a college to organize a student body association. If a student body association has been established by at a community college, existing law requires the officials of the community college to collect a $2 student representation fee to be used to provide support for governmental affairs representatives of local or statewide student body organizations. Existing law requires $1 of every $2 fee to be expended to establish and support the operations of a statewide community college student organization, as specified. Existing law requires a community college to provide a student a means to refuse to pay the $2 student representation fee.
This bill bill, commencing with the 202425 academic year, would require the other $1 of the $2 student representation fee to be used to establish and support the operations of local student body organizations. The bill bill, commencing with the 202425 academic year, would also require a community college to provide a student a means to refuse to pay either $1 portion of the $2 student representation fee.
Existing regulations of the Board of Governors require the governing board of a community college district to give to each student at registration information pertaining to the student representation fee and specify requirements for the form used for the purpose of collecting the fee. Existing law requires the form used by a community college to provide the student a means to refuse to pay the fee to be as nearly as practical in the same form as a model form prescribed by the Board of Governors.
This bill would, instead, require the form to be as nearly as practical in the same form as a model form prescribed by the office of the Chancellor of the California Community Colleges.
Existing law authorizes the governing board of a community college district to authorize the students of a college to organize a student body association. If a student body association has been established by a community college, existing law requires the officials of the community college to collect a $2 student representation fee to be used to provide support for governmental affairs representatives of local or statewide student body organizations. Existing law requires $1 of every $2 fee to be expended to establish and support the operations of a statewide community college student organization, as specified. Existing law requires a community college to provide a student a means to refuse to pay the $2 student representation fee.
This bill would require the other $1 of the $2 student representation fee to be used to establish and support the operations of local student body organizations. The bill would also require a community college to provide a student a means to refuse to pay either $1 portion of the $2 student representation fee.
(a)If a student body association has been established at a community college as authorized by Section 76060, a student representation fee of two dollars ($2) shall be collected by the officials of the community college, together with all other fees, at the time of registration or before registration and shall be deposited in a separate fiduciary fund established per the California Community Colleges Budget and Accounting Manual for student representation fees. The money collected pursuant to this section shall be expended to provide support for governmental affairs representatives of local or statewide student body organizations who may be stating their positions and viewpoints before city, county, and district governments, and before offices and agencies of state government.
(b)(1)One dollar ($1) of every two-dollar ($2) fee collected shall be expended to establish and support the operations of a statewide community college student organization, recognized by the Board of Governors of the California Community Colleges, with effective student representation and participation in state-level community college shared governance and with governmental affairs representatives to advocate before the Legislature and other state and local governmental entities.
(2)The underlying goals of the statewide community college student organization shall include, but not be limited to, all of the following:
(A)Establishing a sustainable foundation for statewide community college student representation and advocacy.
(B)Promoting institutional and organizational memory.
(C)Ensuring and maintaining responsible community college student organizational oversight and decisionmaking.
(D)Strengthening regional approaches for community college student representation and coordination.
(E)Promoting and enhancing student opportunities for engagement in community college student issues and affairs.
(F)Providing for open and public transparency and accountability.
(G)Supporting student participation and engagement in statewide higher education policy and advocacy activities.
(3)Fees collected pursuant to this subdivision shall be annually distributed to the Board of Governors before February 1. The Board of Governors shall have custody of the moneys and shall, each year by April 15, distribute the moneys to the recognized statewide community college student organization if the recognized statewide community college student organization satisfies all of the following:
(A)Is established as a legal entity registered with the Secretary of State.
(B)Demonstrates compliance with all applicable state and federal laws and reporting requirements.
(C)Exercises prudent fiscal management by establishing generally accepted accounting controls and procedures.
(D)(i)Commencing after the first year it receives funding pursuant to this paragraph, completes an annual independent financial audit, the results of which shall be annually provided to the Board of Governors for review.
(ii)(I)Except as provided in subclause (II) and after the first year funding is received, it shall be a condition for funding pursuant to this subdivision that the results of the annual audit identify no significant audit findings.
(II)Funds shall not be withheld from the statewide community college student organization unless the statewide community college student organization fails to address and correct any identified exceptions, concerns, errors, or deficiencies contained in the annual audit after being given a reasonable opportunity to do so.
(E)Meets the obligations and addresses the goals described in paragraph (2).
(4)Meetings of the recognized statewide community college student organization shall be open to the public and shall comply with the requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).
(c)One dollar ($1) of every two-dollar ($2) fee collected shall be expended to establish and support the operations of local student body organizations that may be stating their positions and viewpoints before city, county, and district governments, and before offices and agencies of state government.
(d)(1)The chief fiscal officer of the community college shall have custody of the money collected pursuant to this section, except as provided in paragraph (3) of subdivision (b), and the money shall be disbursed for the purposes described in subdivision (a) upon the order of the governing body of the student body association.
(2)The community college district shall annually prepare a summary of all revenue collected from the student representation fee and the expenditures of the proceeds of the student representation fee. The summary shall include the amount distributed to the Board of Governors of the California Community Colleges each year. The summary shall be presented at a meeting of the governing board of the community college district each year and posted to the community college district internet website.
(3)The community college district may retain a portion of the fees collected and deposited pursuant to this section that is equal to the actual cost of administering these fees up to, but not more than, 7 percent.
(e)A student may refuse to pay the two-dollar ($2) student representation fee established under this section. A Commencing with the 202425 academic year, a student may refuse to pay either one-dollar ($1) portion of the two-dollar ($2) student representation fee established under this section. The community college shall provide the student a means to refuse to pay the student representation fee, or or, commencing with the 202425 academic year, a portion of that fee, on the same form that is used for the collection of fees, which, as determined by the community college, shall be as nearly as practical in the same form as a model form prescribed by regulations of the Board of Governors of the California Community Colleges. the office of the Chancellor of the California Community Colleges.
(f)Costs incurred by the office of the Chancellor of the California Community Colleges to implement paragraphs (1) and (3) of subdivision (b) shall be reimbursed by the statewide community college student organization.
(g)If no statewide community college student organization that qualifies for funding in accordance with this section is recognized by the Board of Governors, the funds collected pursuant to this section shall be held by the office of the Chancellor of the California Community Colleges until a qualifying statewide community college student organization is recognized, or shall be returned to the source of funds.
(a)If a student body association has been established at a community college as authorized by Section 76060, a student representation fee of two dollars ($2) shall be collected by the officials of the community college, together with all other fees, at the time of registration or before registration and shall be deposited in a separate fiduciary fund established per the California Community Colleges Budget and Accounting Manual for student representation fees. The money collected pursuant to this section shall be expended to provide support for governmental affairs representatives of local or statewide student body organizations who may be stating their positions and viewpoints before city, county, and district governments, and before offices and agencies of state government.
(b)(1)One dollar ($1) of every two-dollar ($2) fee collected shall be expended to establish and support the operations of a statewide community college student organization, recognized by the Board of Governors of the California Community Colleges, with effective student representation and participation in state-level community college shared governance and with governmental affairs representatives to advocate before the Legislature and other state and local governmental entities.
(2)The underlying goals of a the statewide community college student organization shall include, but are not be limited to, all of the following:
(A)Establishing a sustainable foundation for statewide community college student representation and advocacy.
(B)Promoting institutional and organizational memory.
(C)Ensuring and maintaining responsible community college student organizational oversight and decisionmaking.
(D)Strengthening regional approaches for community college student representation and coordination.
(E)Promoting and enhancing student opportunities for engagement in community college student issues and affairs.
(F)Providing for open and public transparency and accountability.
(G)Supporting student participation and engagement in statewide higher education policy and advocacy activities.
(c)(3)Fees collected pursuant to this subdivision (b) shall be annually distributed to the Board of Governors before February 1. The Board of Governors shall have custody of the moneys and shall, each year by April 15, distribute the moneys to the recognized statewide community college student organization if the recognized statewide community college student organization satisfies all of the following:
(1)(A)Is established as a legal entity registered with the Secretary of State.
(2)(B)Demonstrates compliance with all applicable state and federal laws and reporting requirements.
(3)(C)Exercises prudent fiscal management by establishing generally accepted accounting controls and procedures.
(4)(A)(D)(i)Commencing after the first year it receives funding pursuant to this subdivision, paragraph, completes an annual independent financial audit, the results of which shall be annually provided to the Board of Governors for review.
(B)(i)(ii)(I)Except as provided in clause (ii) subclause (II) and after the first year funding is received, it shall be a condition for funding pursuant to this subdivision that the results of the annual audit identify no significant audit findings.
(ii)In no event shall funds(II)Funds shall not be withheld from the statewide community college student organization unless the statewide community college student organization fails to address and correct any identified exceptions, concerns, errors, or deficiencies contained in the annual audit after being given a reasonable opportunity to do so.
(5)(E)Meets the obligations and addresses the goals described in subdivision (b). paragraph (2).
(d)(4)Meetings of the recognized statewide community college student organization shall be open to the public and shall comply with the requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).
(e)(c)One dollar ($1) of every two-dollar ($2) fee collected shall be expended to establish and support the operations of local student body organizations that may be stating their positions and viewpoints before city, county, and district governments, and before offices and agencies of state government.
(d)(1)The chief fiscal officer of the community college shall have custody of the money collected pursuant to this section, except as provided in paragraph (3) of subdivision (c), (b), and the money shall be disbursed for the purposes described in subdivision (a) upon the order of the governing body of the student body association.
(2)The community college district shall annually prepare a summary of all revenue collected from the student representation fee and the expenditures of the proceeds of the student representation fee. The summary shall include the amount distributed to the Board of Governors of the California Community Colleges each year. The summary shall be presented at a meeting of the governing board of the community college district board meeting each year and posted to the community college district internet website.
(3)The community college district may retain a portion of the fees collected and deposited pursuant to this section that is equal to the actual cost of administering these fees up to, but not more than, 7 percent.
(f)(e)A student may refuse to pay the two-dollar ($2) student representation fee established under this section. A student may refuse to pay either one-dollar ($1) portion of the two-dollar ($2) student representation fee established under this section. The community college shall provide the student a means to refuse to pay the student representation fee fee, or a portion of that fee, on the same form that is used for the collection of fees, which, as determined by the community college, shall be as nearly as practical in the same form as a model form prescribed by regulations of the Board of Governors of the California Community Colleges.
(g)Any costs(f)Costs incurred by the Office office of the Chancellor of the California Community Colleges to implement subdivisions (b) and (c) paragraphs (1) and (3) of subdivision (b) shall be reimbursed by the statewide community college student organization.
(h)(g)If no statewide community college student organization that qualifies for funding in accordance with this section is recognized by the Board of Governors, the funds collected pursuant to this section shall be held by the Office office of the Chancellor of the California Community Colleges until a qualifying statewide community college student organization is recognized, or shall be returned to the source of funds.
|
Date
|
Status
|
|---|---|
| Sep 1, 2023 | In committee: Held under submission. |
| Jul 10, 2023 | In committee: Referred to APPR. suspense file. |
| Jun 27, 2023 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 26, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 21). |
| Jun 14, 2023 | Referred to Com. on ED. |
| Jun 1, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 31, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 2047.) |
| May 18, 2023 | From committee: Do pass. (Ayes 15. Noes 0.) (May 18). |
| May 18, 2023 | Read second time. Ordered to third reading. |
| May 3, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 19, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 18). Re-referred to Com. on APPR. |
| Mar 9, 2023 | Referred to Com. on HIGHER ED. |
| Feb 18, 2023 | From printer. May be heard in committee March 20. |
| Feb 17, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jul 10, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 21, 2023 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Education |
Passed |
|
| May 31, 2023 | AB 1543 Mike Fong Assembly Third Reading | Assembly Floor |
Passed |
|
| May 18, 2023 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 18, 2023 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Higher Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Community Colleges Chancellor's Office | ** Support | |
| California Teachers Association | ** Support | |
| Student Senate for California Community Colleges | ** Support |
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 1543 (Mike Fong) - Community colleges: student representation fees
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill requires $1 of the existing $2 community college student representation fee to be used to establish and support the operations of local student body organizations that may be stating their positions and viewpoints before city, county, and district governments, and before offices and agencies of state government.
Fiscal Impact:
The Chancellor’s Office estimates one-time Proposition 98 General Fund costs of $135,000 to $329,000 statewide for the community colleges to update their policies and procedures regarding the collection of the student representation fee. Additionally, the Chancellor’s Office estimates ongoing General Fund costs of $1,172 to $2,862 per college for additional workload as a result of this measure. This estimate is based on the costs for similar, existing requirements.
Background:
Existing law authorizes the governing board of a community college district to authorize the students of a college to organize a student body association. Existing law requires the association to encourage students to participate in the governance of the college and authorizes the association to conduct any activities, including fundraising activities, as may be approved by the appropriate college officials. Existing law authorizes the association to be granted the use of community college premises and properties without charge, subject to any regulations that may be established by the governing board of the community college district.
Existing law requires, if a student body association has been established at a community college, a student representation fee of $2 to be collected by the officials of the community college, together with all other fees, at the time of registration or before registration and be deposited in a separate fiduciary fund established per the California Community Colleges Budget and Accounting Manual for student representation fees. Existing law requires the money collected to be expended to provide support for governmental affairs representatives of local or statewide student body organizations who may be stating their positions and viewpoints before city, county, and district governments, and before offices and agencies of state government.
Existing law provides that $1 of every $2 fee collected shall be expended to establish and support the operations of a statewide community college student organization, recognized by the Board of Governors of the California Community Colleges, with effective student representation and participation in state-level community college shared governance and with governmental affairs representatives to advocate before the Legislature and other state and local governmental entities.
Existing law authorizes a student to refuse to pay the student representation fee, and requires the community college to provide the student a means to refuse to pay the student representation fee on the same form that is used for collection of fees, which, as determined by the community college, shall be as nearly as practical in the same form as a model form prescribed by regulations of the BOG.
Proposed Law:
This bill requires $1 of the existing $2 community college student representation fee to be used to establish and support the operations of local student body organizations that may be stating their positions and viewpoints before city, county, and district governments, and before offices and agencies of state government.
This bill authorizes a student to refuse to pay the $2 student representation fee or either the $1 portion of the student representation fee beginning with the 2024-25 academic year. This bill also provides that the model form to opt out of the fee is the same form as the model form prescribed by the Office of the Chancellor of the California Community Colleges.
Staff Comments:
AB 1504 (Medina, Chapter 523, Statutes of 2019) required half of the student representation fee, regardless of the year established, to be provided directly to the Student Senate. That bill also deleted the requirement for the student body of campus to hold an election to determine whether a student fee would be charged and instead, the fee would be charged at any community college with a student body association. While AB 1504 retained the ability for a student to “cancel” the charge of the student representation fee, the cancellation extended to both the local and statewide portions of the fee. This bill is intended to provide choices for students and allow them to cancel either a portion of the student representation fee or the entire student representation fee altogether. These fees would be used to establish and support the operations of local student body organizations.
-- END --
SENATE COMMITTEE ON EDUCATION
Senator Josh Newman, Chair
2023 - 2024 Regular
Bill No: AB 1543 Hearing Date: June 21, 2023
Author: | |||
Version: | February 17, 2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Lynn Lorber | ||
Subject: Community colleges: student representation fees.
SUMMARY
This bill requires $1 of the existing $2 community college student representation fee (unless a student refuses to pay all or part of the fee) to be used to establish and support the operations of local student body organizations that may be stating their positions and viewpoints before city, county, and district governments, and before offices and agencies of state government.
BACKGROUND
Existing law:
- Authorizes the governing board of a community college district to authorize the students of a college to organize a student body association. Existing law requires the association to encourage students to participate in the governance of the college and authorizes the association to conduct any activities, including fundraising activities, as may be approved by the appropriate college officials. Existing law authorizes the association to be granted the use of community college premises and properties without charge, subject to any regulations that may be established by the governing board of the community college district. (Education Code (EC) § 76060)
- Requires, if a student body association has been established at a community college, a student representation fee of $2 to be collected by the officials of the community college, together with all other fees, at the time of registration or before registration and be deposited in a separate fiduciary fund established per the California Community Colleges Budget and Accounting Manual for student representation fees. Existing law requires the money collected to be expended to provide support for governmental affairs representatives of local or statewide student body organizations who may be stating their positions and viewpoints before city, county, and district governments, and before offices and agencies of state government. (EC § 76060.5)
- Requires that $1 of every $2 fee collected be expended to establish and support the operations of a statewide community college student organization, recognized by the Board of Governors (BOG) of the California Community Colleges, with effective student representation and participation in state-level community college shared governance and with governmental affairs representatives to advocate before the Legislature and other state and local governmental entities. (EC § 76060.5)
- Authorizes a student to refuse to pay the student representation fee, and requires the community college to provide the student a means to refuse to pay the student representation fee on the same form that is used for collection of fees, which, as determined by the community college, shall be as nearly as practical in the same form as a model form prescribed by regulations of the BOG. (EC § 76060.5)
- Requires collected fees to be annually distributed to the BOG before February 1, and requires the BOG to have custody of the moneys and, each year by April 15, distribute the moneys to the recognized statewide community college student organization if the recognized statewide community college student organization satisfies all of the following:
- Is established as a legal entity registered with the Secretary of State.
- Demonstrates compliance with all applicable state and federal laws and reporting requirements.
- Exercises prudent fiscal management by establishing generally accepted accounting controls and procedures.
- Completes an annual independent financial audit and provide results to the BOG. (EC § 76060.5)
- Requires the community college district to annually prepare a summary of all revenue collected from the student representation fee and the expenditures of the proceeds of the student representation fee. Existing law requires the summary to include the amount distributed to the BOG each year. Existing law requires the summary to be presented at the community college district board meeting each year and posted to the community college district internet website. (EC § 76060.5)
- Authorizes the community college district to retain a portion of the fees collected and deposited that is equal to the actual cost of administering these fees up to, but not more than, 7 percent. (EC § 76060.5)
ANALYSIS
This bill:
- Requires $1 of the existing $2 community college student representation fee to be used to establish and support the operations of local student body organizations that may be stating their positions and viewpoints before city, county, and district governments, and before offices and agencies of state government.
- Authorizes a student to refuse to pay the $2 student representation fee and authorizes a student to refuse to pay either $1 portion of the $2 student representation fee.
STAFF COMMENTS
- Need for the bill. According to the author, “Community college students currently pay a $2 student representation fee to support the work of both a statewide and a campus-based student organization, with $1 allocated to the statewide student association and $1 allocated to the campus-based student body association. If a student does not wish to support either organization, they must opt out of the entire fee. Students should have the opportunity to choose which organization they want their fee dollars to support. AB 1543 will provide students the choice to opt out of either $1 portion of the student representation fee. This will provide students more choice and greater transparency around how their fee dollars are spent.”
- How are the collected fees currently used? As noted in the Assembly Higher Education Committee analysis, every single community college has an active student body organization on campus. Established in 2006, the Student Senate for the California Community Colleges operates in conjunction with local student body associations to provide an avenue by which students can participate in the formation of state policies including governance and legislative advocacy. AB 1358 (P. Fong), Chapter 714, Statues of 2013 established in code the statewide student organization for the community colleges (the Student Senate) and provided a funding mechanism to support the student organization. The governing board of the student senate is the Board of Directors whose membership includes executive officers, ten regional affairs directors, and ten regional legislative affairs directors.
In 2013, the student representation fee was increased to $2; $1 of that fee was allocated to the operations of the Student Senate. However, the fees allocated to the Student Senate were only from student representation fees adopted after January 1, 2014. From 2013 to 2019, only 11 out of the existing 115 community colleges had implemented a student representation fee, resulting in roughly $0.03 per student. In 2019, AB 1504 (Medina), Chapter 523, Statute of 2019, sought to rectify this inequity, by requiring half of the student representation fee, regardless of the year established, to be provided directly to the Student Senate. That bill also deleted the requirement for the student body of campus to hold an election to determine whether a student fee would be charged and instead, the fee would be charged at any community college with a student body association.
While AB 1504 (Medina) retained the ability for a student to “cancel” the charge of the student representation fee, the cancellation extended to both portions of the fee; the local and statewide portions. This bill seeks to return an element of choice to the student by allowing the student discernment in electing to cancel either a portion of the student representation fee or the entire student representation fee. Furthermore, this bill provides additional clarity in how the student representation fee will be used by re-introducing language that requires half the fee to be given to the statewide student body association and the other half to the local student body association.
- Author’s amendments. The author has proposed, and staff concurs with, the following amendments:
- Clarify that a student may refuse to pay the $2 fee, or either $1 portion of the $2 fee beginning with the 2024-25 academic year.
- Clarify that the model form to opt out of the fee is prescribed by regulations of the office of the Chancellor of the California Community Colleges (rather than regulations of the BOG).
- Technical amendment needed. page 3, line 4, reinsert “to” as described below:
“(3) Fees collected pursuant to this subdivision shall be” - Fiscal impact. According to the Assembly Appropriations Committee, this bill would impose:
- One-time Proposition 98 General Fund costs of between $134,780 and $329,130 for 115 community colleges to update their policies and procedures regarding the collection of the Student Representation Fee.
- The Chancellor's Office estimates costs of $1,172 and $2,862 in workload costs per college, based on the costs for similar requirements
SUPPORT
Student Senate for California Community Colleges (Sponsor)
California Community Colleges Chancellor's Office
California Teachers Association
OPPOSITION
None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1543
Author:(Mike Fong)
As Introduced Ver:February 17, 2023
Majority vote
SUMMARY
Authorizes one dollar for every two dollars of the student representation fee collected from California Community College (CCC) students to be used for the operations of a local student body organization. Permits a student to opt to not pay a portion of the student representation fee or to opt out of the entire student representation fee.
Major Provisions
- Requires a community college with a student body association that collects a student representation fee of two dollars to provide one dollar of the two dollar student representation fee for the purposes of establishing and supporting the operations of local student body organizations. Student body organizations present positions and viewpoints before city, county, district, and state governments and agencies.
- Permits a student to opt out of paying either portion of the two dollar fee: either the one dollar portion of the student representation fee supporting the statewide student organization or the one dollar portion of the student representation fee supporting the local student body organizations.
COMMENTS
Student government on CCC campuses. Since 1987, the governing board of each community college district has been endowed with the authority to organize student body associations on campuses within its district boundaries. Every single community college has an active student body organization on campus. The duties of a campus-based student organization are to engage in the governance of the campus including providing student membership for the governing board of the CCC district.
Established in 2006, the Student Senate for the California Community Colleges (SSCCC) operates in conjunction with local student body associations to provide an avenue by which students can participate in the formation of state policies including governance and legislative advocacy. In 2013, the State Legislature codified and recognized the need for a statewide student organization to represent the then 2.4 million voices of students at the CCC. AB 1358 (P. Fong), Chapter 714, Statues of 2013 established in code the statewide student organization for the CCC or the SSCCC and provided a funding mechanism to support the student organization. The governing board of the SSCCC is the Board of Directors whose membership includes executive officers, ten regional affairs directors, and ten regional legislative affairs directors.
Student representation fee. In addition to authorizing the organization of a student body association at local CCC campuses, AB 2576 (Hayden), Chapter 1238, Statutes of 1987, also provided an avenue for the student body to be charged a student representation fee to provide funding for the activities of the student body association at local CCC campuses. Originally, in order to charge a student representation fee, a student body would have to organize an election and receive an affirmative vote of 2/3 of the student population on the campus to begin charging the one dollar student representation fee. Once a student representation fee was established, students are afforded the option of not paying the fee by submitting a form depicting their desire to opt out of the fee for religious, political, financial, or moral reasons. The student representation fee is charged each semester, or quarter, depending upon the community college's academic schedule.
In 2013, the student representation fee was increased to two dollars and half of the fee was allocated to the operations of a statewide community college student organization or the SSCCC. However, the fees allocated to the statewide community college organization were only from student representation fees adopted after January 1, 2014. Additionally, AB 1358 (Fong), reduced the threshold of the election for a student representation fee from 2/3 to a majority of the student population. From 2013 to 2019, only 11 out of the existing 115 CCC had implemented a student representation fee, resulting in roughly $0.03 per student which was significantly less than their public postsecondary counterparts. In 2019, AB 1504 (Medina), Chapter 523, Statute of 2019, sought to rectify this inequity, by requiring half of the student representation fee, regardless of the year established, to be provided directly to the statewide community college organization or SSCCC. AB 1504 (Medina) also deleted the requirement for the student body of campus to hold an election to determine whether a student fee would be charged and instead, the fee would be charged at any community college with a student body association.
Prior to AB 1504 (Medina), community college students could vote on whether they wished for a student representation fee to be charged; thereby choosing to fund the local and statewide student body association. While AB 1504 (Medina) retained the ability for a student to "cancel" the charge of the student representation fee, the cancellation extended to both portions of the fee; the local and statewide portions. This measure seeks to return an element of choice to the student by allowing the student discernment in electing to cancel either a portion of the student representation fee or the entire student representation fee. Furthermore, this measure provides additional clarity in how the student representation fee will be used by re-introducing language that requires half the fee to be given to the statewide student body association and the other half to the local student body association.
According to the Author
As delineated by the author, "Community college students currently pay a $2 student representation fee to support the work of both a statewide and a campus-based student organization, with $1 allocated to the statewide student association and $1 allocated to the campus-based student body association. If a student does not wish to support either organization, they must opt out of the entire fee."
The author further explains, "students should have the opportunity to choose which organization they want their fee dollars to support. AB 1543 will provide students the choice to opt out of either $1 portion of the student representation fee. This will provide students more choice and greater transparency around how their fee dollars are spent."
Arguments in Support
As explained by the Student Senate of the California Community Colleges, "while AB 1504 (Medina, 2019) provided much-needed resources for the SSCCC, one of the unintended consequences of the opt-out provision was students opting out of the full fee and their local student body associations suffering from a lack of funding. SSCCC conducted a survey of a sample of colleges from different regions of the state and found that 36.4 percent of colleges reported income from their local student representation fees declined after the passage of AB 1504 (Medina, 2019). One campus reported that its annual local student representation funding dropped from $6,000 to $600, essentially eliminating meaningful funding. AB 1543 would help combat that decline by adding transparency to the student fee process. By explaining where each dollar goes, students can still pay into their local student body association, even if they choose to opt out of the statewide association or vice versa."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
One-time Proposition 98 General Fund costs of between $134,780 and $329,130 for 115 CCCs to update their policies and procedures regarding the collection of the Student Representation Fee.
The CCC Chancellor's Office estimates costs of $1,172 and $2,862 in workload costs per college, based on the costs for similar requirements.
VOTES
ASM HIGHER EDUCATION: 10-0-2
YES: Mike Fong, Ta, Addis, Gabriel, Irwin, Ortega, Sanchez, Santiago, Wallis, Weber
ABS, ABST OR NV: Arambula, Low
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega
ABS, ABST OR NV: Robert Rivas
UPDATED
VERSION: February 17, 2023
CONSULTANT: Ellen Cesaretti-Monroy / HIGHER ED. / (916) 319-3960 FN: 0000798
Date of Hearing: May 3, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 1543
Author:(Mike Fong) – As Introduced Ver:February 17, 2023
Policy Committee: | Higher Education | Vote: | 10 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill clarifies that $1 of every $2 of the student representation fee collected from California Community College (CCC) students is to be used to support the local student body organization at the campus at which the fee was collected. The bill also permits a student to opt to not pay a portion of the student representation fee, rather than only allowing a student to opt out of the entire student representation fee as permitted in current law.
FISCAL EFFECT:
One-time Proposition 98 General Fund costs of between $134,780 and $329,130 for 115 CCCs to update their policies and procedures regarding the collection of the Student Representation Fee.
The CCC Chancellor’s Office estimates costs of $1,172 and $2,862 in workload costs per college, based on the costs for similar requirements.
COMMENTS:
1) Purpose. According to the author:
Community college students currently pay a $2 student representation fee to support the work of both a statewide and a campus-based student organization, with $1 allocated to the statewide student association and $1 allocated to the campus-based student body association. If a student does not wish to support either organization, they must opt out of the entire fee.
Students should have the opportunity to choose which organization they want their fee dollars to support. AB 1543 will provide students the choice to opt out of either $1 portion of the student representation fee. This will provide students more choice and greater transparency around how their fee dollars are spent.
- Background. Current law permits a governing board of a CCC district to authorize the creation of a local student body association whose purpose is to encourage students to participate in the governance of the college. In addition, the CCC Board of Governors recognizes a statewide CCC student body association to advocate on behalf of CCC students and conduct other activities.
Current law allows campus officials of a CCC with a student body organization to collect a student representation fee of $2 from each student and requires that the resulting funds go to the local student body association and the statewide student body association’s advocacy efforts. Current law authorizes $1 of every $2 collected as part of the student representation fee be provided to support the operations of the statewide student body organization. This bill clarifies that the other $1 of the $2 fee is to go to local student body associations at the campus at which it was collected.
Current law allows a CCC student who is charged this fee to refuse to pay the fee in full. According to a supporter of this bill, Student Senate for California Community Colleges, many students opt out of the $2 student representation fee to the detriment of local student body associations. This bill would permit a student to opt out of paying either portion of the $2 fee: either the $1 portion of the student representation fee supporting the statewide student organization or the $1 portion of the student representation fee supporting the local student body organizations.
Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081
Date of Hearing: April 18, 2023
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Mike Fong, Chair
ABPCA Bill Id:AB 1543 (
Author:Mike Fong) – As Introduced Ver:February 17, 2023
SUBJECT: Community colleges: student representation fees
SUMMARY: Authorizes one dollar for every two dollars of the student representation fee collected from California Community College (CCC) students to be used for the operations of a local student body organization. Permits a student to opt to not pay a portion of the student representation fee or to opt out of the entire student representation fee. Specifically, this bill:
- Requires a community college with a student body association that collects a student representation fee of two dollars to provide one dollar of the two dollar student representation fee for the purposes of establishing and supporting the operations of local student body organizations. Student body organizations present positions and viewpoints before city, county, district, and state governments and agencies.
- Permits a student to opt out of paying either portion of the two dollar fee: either the one dollar portion of the student representation fee supporting the statewide student organization or the one dollar portion of the student representation fee supporting the local student body organizations.
EXISTING LAW:
- Establishes the California Community Colleges (CCC) under the administration of the Board of Governors of the CCC, as one of the segments of public postsecondary education in this state. The CCC shall be comprised of community college districts (Education Code (EDC) Section 70900).
- Establishes that CCC districts are under the control of a board of trustees, known as the governing board, who has the authority to establish, maintain, operate, and govern one or more community colleges, within its district as specified (EDC Section 70902).
- Permits a governing board of a California Community College (CCC) district to authorize the creation of a student body association, whose purpose is to encourage students to participate in the governance of the college and may conduct activities including fundraising activities if approved by the college officials. Permits the association to use the CCC properties without charge, as specified. Clarifies if a local governing board determines the need for additional student body associations for specified circumstances that make having one student association impractical or inconvenient. Clarifies if a student body association and any staff hired to perform activities associated with the student body association will become a member of the classified staff within the district, as specified (Education Code (EDC) Section 76060).
- Authorizes campus officials of a CCC with a student organization to collect a student representation fee of two dollars from students for the purpose of supporting governmental affairs representatives of local or statewide student body organizations who may state their positions and viewpoints before city, county and district governments or agencies of state governments. The funds shall be distributed to qualifying community colleges with qualifying student organizations, as specified. Authorizes one dollar of every two dollars collected as part of the student representation fee to be provided to support the operations of a statewide community college student organization recognized by the Board of Governors. The funds shall be distributed to the statewide community college student organization if the organization meets specified requirements. Students have the right to refuse to pay the student representation fee. Meetings conducted by the statewide community organization are open to the public and shall comply with the requirements of the California Public Records Act, as defined. Establishes the goals of the statewide student organization to include, but are not limited to: promote and enhance student opportunity for engaging in community college student issues and affairs and to support student participation and engagement in statewide higher education policy and advocacy activities. Authorizes the funds collected to be held by the Chancellor’s Office of the CCC if no qualifying statewide community college student organization is recognized or the funds will be returned to students if the organization does not exist (EDC Section 76060.5).
FISCAL EFFECT: Unknown
COMMENTS: Need for the measure. As delineated by the author, “Community college students currently pay a $2 student representation fee to support the work of both a statewide and a campus-based student organization, with $1 allocated to the statewide student association and $1 allocated to the campus-based student body association. If a student does not wish to support either organization, they must opt out of the entire fee.”
The author further explains, “students should have the opportunity to choose which organization they want their fee dollars to support. AB 1543 will provide students the choice to opt out of either $1 portion of the student representation fee. This will provide students more choice and greater transparency around how their fee dollars are spent.”
Student government on CCC campuses. Since 1987, the governing board of each community college district has been endowed with the authority to organize student body associations on campuses within its district boundaries. Every single community college has an active student body organization on campus. The duties of a campus-based student organization are to engage in the governance of the campus including providing student membership for the governing board of the CCC district.
Established in 2006, the Student Senate for the California Community Colleges (SSCCC) operates in conjunction with local student body associations to provide an avenue by which students can participate in the formation of state policies including governance and legislative advocacy. In 2013, the State Legislature codified and recognized the need for a statewide student organization to represent the then 2.4 million voices of students at the CCC. AB 1358 (P. Fong), Chapter 714, Statues of 2013 established in code the statewide student organization for the CCC or the SSCCC and provided a funding mechanism to support the student organization. The governing board of the SSCCC is the Board of Directors whose membership includes executive officers, ten regional affairs directors, and ten regional legislative affairs directors.
Student representation fee. In addition to authorizing the organization of a student body association at local CCC campuses, AB 2576 (Hayden), Chapter 1238, Statutes of 1987, also provided an avenue for the student body to be charged a student representation fee to provide funding for the activities of the student body association at local CCC campuses. Originally, in order to charge a student representation fee, a student body would have to organize an election and receive an affirmative vote of 2/3 of the student population on the campus to begin charging the one dollar student representation fee. Once a student representation fee was established, students are afforded the option of not paying the fee by submitting a form depicting their desire to opt out of the fee for religious, political, financial, or moral reasons. The student representation fee is charged each semester, or quarter, depending upon the community college’s academic schedule.
In 2013, the student representation fee was increased to two dollars and half of the fee was allocated to the operations of a statewide community college student organization or the SSCCC. However, the fees allocated to the statewide community college organization were only from student representation fees adopted after January 1, 2014. Additionally, AB 1358 (Fong), reduced the threshold of the election for a student representation fee from 2/3 to a majority of the student population. From 2013 to 2019, only 11 out of the existing 115 CCC had implemented a student representation fee, resulting in roughly $0.03 per student which was significantly less than their public postsecondary counterparts. In 2019, AB 1504 (Medina), Chapter 523, Statute of 2019, sought to rectify this inequity, by requiring half of the student representation fee, regardless of the year established, to be provided directly to the statewide community college organization or SSCCC. AB 1504 (Medina) also deleted the requirement for the student body of campus to hold an election to determine whether a student fee would be charged and instead, the fee would be charged at any community college with a student body association.
Prior to AB 1504 (Medina), community college students could vote on whether they wished for a student representation fee to be charged; thereby choosing to fund the local and statewide student body association. While AB 1504 (Medina) retained the ability for a student to “cancel” the charge of the student representation fee, the cancellation extended to both portions of the fee; the local and statewide portions. AB 1543 (M. Fong) seeks to return an element of choice to the student by allowing the student discernment in electing to cancel either a portion of the student representation fee or the entire student representation fee. Furthermore, AB 1543 (M. Fong) provides additional clarity in how the student representation fee will be used by re-introducing language that requires half the fee to be given to the statewide student body association and the other half to the local student body association.
Arguments in support. As explained by the Student Senate of the California Community Colleges, “while AB 1504 (Medina, 2019) provided much-needed resources for the SSCCC, one of the unintended consequences of the opt-out provision was students opting out of the full fee and their local student body associations suffering from a lack of funding. SSCCC conducted a survey of a sample of colleges from different regions of the state and found that 36.4 percent of colleges reported income from their local student representation fees declined after the passage of AB 1504 (Medina, 2019). One campus reported that its annual local student representation funding dropped from $6,000 to $600, essentially eliminating meaningful funding.
AB 1543 would help combat that decline by adding transparency to the student fee process. By explaining where each dollar goes, students can still pay into their local student body association, even if they choose to opt out of the statewide association or vice versa.”
REGISTERED SUPPORT / OPPOSITION:
Support
California Community Colleges Chancellor's Office
Student Senate for California Community Colleges
Opposition
None on file.
Analysis Prepared by: Ellen Cesaretti-Monroy / HIGHER ED. / (916) 319-3960
Discussed in Hearing
Assembly Standing Committee on Higher Education
Bill Author
Bill Co-Author(s):