Bill Text: CA AB774 | 2009-2010 | Regular Session | Introduced

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

---

Bill Title: Community college districts: transportation fees.

Spectrum: Bipartisan Bill

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 253, Statutes of 2009. [AB774 Detail]

Download: California-2009-AB774-Introduced.html

---

BILL NUMBER: AB 774	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cook
   (Coauthor: Assembly Member Emmerson)

                        FEBRUARY 26, 2009

   An act to amend Section 76361.1 of the Education Code, relating to
community colleges.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 774, as introduced, Cook. Riverside Community College District:
transportation fees.
   (1) Existing law establishes the California Community Colleges,
under the administration of the Board of Governors of the California
Community Colleges, as one of the segments of public postsecondary
education in this state. Existing law establishes community college
districts throughout the state, and authorizes them to maintain
campuses at which instruction is provided to students.
   Existing law authorizes the governing boards of the Los Rios,
Peralta, and Rio Hondo community college districts to require that a
transportation service fee be paid only by students and employees
using the services, or, in the alternative, by various groups of
people, upon the favorable vote of a majority of the people in the
affected groups. Existing law prohibits these governing boards from
entering into, or extending, a contract for transportation services,
funded by the proceeds of a transportation fee and provided by a
common carrier or a municipally owned transit system, unless
specified conditions are met.
   This bill would grant the Riverside Community College District
that transportation fee authority.
   (2) An existing provision of the California Constitution provides
that a local or special statute is invalid in any case if a general
statute can be made applicable.
   The bill would express a finding and declaration of the
Legislature that, due to unique circumstances relating to the
transportation services utilized by the community served by the
Riverside Community College District, a general statute cannot be
made applicable, and the enactment of this bill as a special statute
is therefore necessary.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 76361.1 of the Education Code is amended to
read:
   76361.1.  (a) This section applies only to the Los Rios, Peralta,
 and  Rio Hondo  , and Riverside  community
college districts.
   (b) Notwithstanding any other provision of law, a district to
which this section applies may require that a fee authorized by
subdivision (a) of Section 76361 for transportation services 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 paragraph (1) of 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 paragraph (1) of 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 paragraph (1) of
subdivision (c), at the campus of the community college district.
However, the employees shall not be entitled to use the services.
   (c) (1) If, pursuant to Section 76361, a fee is required of
students for transportation services, any 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 provision of
law, the governing board of a community college district to which
this section applies 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.
   (2) Notwithstanding any other provision of law:
   (A) 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. An election held pursuant to
this subparagraph 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.
   (B) If the governing board of a community college district to
which this section applies 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.
   (d) A community college district to which this section applies is
subject to subdivisions (d), (e), and (f) of Section 76361.
  SEC. 2.  The Legislature finds and declares that, due to unique
circumstances relating to the transportation services utilized by the
community served by the Riverside Community College District, a
general statute cannot be made applicable, and the enactment of
Section 1 of this act as a special statute is therefore necessary.