"Chaptered and Vetoed Legislation"

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School Services of California, Inc.
Community College Update
October 17, 1996
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Attachment A

1996 Chaptered and Vetoed Legislation

The following bills impacting community colleges have either been signed or vetoed by the Governor. Bills that contain an urgency clause are effective upon the Governor's signature. All other bills become effective January 1, 1997, or later as specified.

Chaptered Legislation

Assembly Bills

AB 116 (Speier, D-Burlingame), Chapter 970/1996: Written Reports to Legislature/ Governor

This bill provides that no state agency, local agency, university or college be required to prepare and submit any written report to the Legislature or the Governor until October 1, 1999, unless it is among a list of specified reports or certain mandated reports exempted from the moratorium. This bill sunsets January 1, 2000.

URGENCY, effective September 27, 1996

AB 166 (Cannella, D-Ceres), Chapter 318/1996: Optional Certificated Medicare Coverage

Existing law authorizes the State Teachers' Retirement System, until July 1, 1995, to apply to the Board of Administration of the Public Employees' Retirement System for elections of Medicare coverage. This bill extends the date to July 1, 1999, repeal the provision on January 1, 2000, and makes related changes in other statutes.

URGENCY, effective July 29, 1996

AB 444 (Archie-Hudson, D-Los Angeles), Chapter 637/1996: Contract Education Audits

This bill prohibits community college districts from receiving funding for full-time equivalent students (FTES) workload that is fully funded through another source. This bill requires the Board of Governors of the California Community Colleges to adopt regulations to implement this provision. The bill also requires the State Auditor to report to the Legislature by January 1, 2000, on the status of each district's compliance.

URGENCY, effective September 19, 1996

AB 1012 (Machado, D-Linden), Chapter 689/1996: Crimes Against Pupils: Sentencing

This bill provides that when a person is convicted of a specified felony sex offense, and that felony was committed within a safe school zone against a victim who was a student currently attending school, this fact shall be considered a circumstance in aggravation in imposing a term under this provision. This bill applies to community college students.

AB 1055 (Caldera, D-Los Angeles), Chapter 1073/1996: Property Tax Administration Costs

This bill allows counties to be reimbursed for the property tax appeal costs which are attributable to cities, redevelopment agencies and special districts.

URGENCY, effective July 1, 1996

AB 1201 (Gallegos, D-Baldwin Park), Chapter 1148/1996: Local Education Agencies Board Members: Compensation

This bill increases the reasons for which local education agency (LEA) governing boards specifically the governing boards of county offices of education, school districts, and community colleges, may choose to compensate a member who is absent from a board meeting.

AB 1432 (Richter, R-Chico), Chapter 303/1996: Education: District Interns

This bill removes the requirement that there be a shortage of certified applicants for teaching positions before a district can employ District Interns. Individuals selected to participate in the District Intern Program must have a baccalaureate degree; pass the CBEST; pass subject matter examinations; have 120 hours of teacher training; be supported by a Mentor Teacher; and have a professional development plan.

AB 1543 (McPherson, R-Santa Cruz), Chapter 31/1996: Property Tax Revenue Shortfalls

This bill augments the 1994 Budget Act local assistance appropriation to community colleges by $5 million to fund the remaining shortfall in property taxes for the 1994-95 fiscal year.

AB 1721 (Ducheny, D-San Diego), Chapter 879/1996: Student Records

This bill requires school and community college districts to furnish information regarding a student in compliance with a lawfully issued subpoena, and requires the district to make a reasonable effort to notify the parent or student.

AB 1856 (McPherson, R-Santa Cruz), Chapter 337/1996: Student Poll Workers

This bill permits an elections official to appoint not more than 2 students per precinct who possess specified qualifications:

· A high school senior who must have a grade point average of 2.5 on a 4.0 scale;

· Minimum of 16 years of age;

· In good standing at a private or public high school or college;

· Has received approval to participate from his or her school board; and,

· A United States citizen.

These students will serve under the direct supervision of precinct board members designated by the elections official. It will also prohibit a student appointed pursuant to these provisions from tallying votes.

AB 1987 (Miller, R-Diamond Bar), Chapter 857/1996: Student Athletes: Agents and Contracts

This bill enacts a comprehensive set of provisions governing the conduct and practice of individuals (including attorneys) who work as athlete agents and providing for the recovery of damages by any professional athlete, student athlete, educational institution or any other person from an athlete agent through civil action if they are adversely affected by actions of the athlete agent.

AB 2306 (Firestone, R-Los Olivos), Chapter 341/1996: Student Loans: Cal Grant Program

Existing law establishes the Cal Grant Program, a state educational opportunity grant program that is based upon the financial need of the applicant.

This bill authorizes the use of Cal Grant Program awards at any nonprofit regionally accredited institution headquartered and operating in California that certifies to the Student Aid Commission that 10% of the institution's operating budget is expended for the purposes of institutionally funded student financial aid in the form of grants and that demonstrates to the Student Aid Commission that it has the administrative capacity to administer the funds.

AB 2333 (Bates, D-Berkeley), Chapter 729/1996: Peralta Community College District

This bill authorizes the Peralta Community College District to order an election to modify the authorized uses of previously authorized but currently unissued local general obligation bonds. The measure still requires a two-thirds vote and, further, the bill authorizes that the proposal to amend the uses of current bonds could be included in the same measure as an issue of new bonds.

URGENCY, effective September 21, 1996

AB 2400 (Miller, R-Diamond Bar), Chapter 1164/1996: Local Retirement System Alternatives To PERS

This bill allows, subject to collective bargaining, local public agencies and county superintendent of schools to provide retirement benefits through local pension trusts for those members of PERS who work less than half-time and provide an election procedure for those eligible local employees who are not covered by the collective bargaining process.

AB 2421 (Baca, D-Rialto), Chapter 276/1996: Economic Development Program: Military Bases

Existing law establishes the California Community Colleges Economic Development Program and set forth specified components of the mission of that program, subject to approval and amendment by the Board of Governors of the California Community Colleges, in meeting the vocational education and training needs of business and industry in the state.

This bill additionally specifies that a component of the mission of the program is to assist communities experiencing military base downsizing.

AB 2463 (Caldera, D-Los Angeles), Chapter 1129/1996: Outreach and Assistance For Emancipated Foster Youth

This bill requires the Trustees of the California State University (CSU), the Board of Governors of the California Community Colleges, and the Student Aid Commission to provide specified outreach activities for emancipated foster youth.

AB 2591 (Harvey, R-Bakersfield), Chapter 59/1996: Community College Facilities: Kern Community College District

This bill extends the deadline, from January 1, 1996, to January 1, 2002, for the Kern Community College District to dispose of specified surplus property negotiation rather than sealed bid.

URGENCY, effective June 5, 1996

AB 2630 (Morrissey, R-Santa Ana), Chapter 294/1996: Adult Education Funding

This bill allows high school pupils to enroll in an adult education program or course that offers vocations and technical skills beyond those provided in courses offered in the regular high school.

AB 2660 (Aguiar, R-Chino), Chapter 1040/1996: Infrastructure Financing

This bill authorizes local governments to enter into specified infrastructure projects with private entities where private investors design, construct, repair and operate an infrastructure project during a lease period, with the local government agency regaining control at the conclusion of the lease.

AB 2673 (Ducheny, D-San Diego), Chapter 608/1996: STRS Alternate Cash Balance and Overall Definition of Creditable Service

This bill omits the requirement of employers to inform employees of the right to elect an alternative state plan if offered. It also provides a process to transfer funds from qualified retirement plans into the State Teachers' Retirement System Cash Balance Plan. The bill specifically excludes the State from coverage under this plan. The provisions of this measure shall become operative on July 1, 1996.

URGENCY, effective July 1, 1996

AB 2767 (Poochigian, R-Fresno), Chapter 548/1996: Ballot Warning For Bond Elections

This bill requires a statement in the sample ballot for a local general obligation bond for school facilities if the projects proposed in the bond measure will be funded in any part with state matching funds.

AB 2961 (Firestone, R-Los Olivos), Chapter 62/1996: Postsecondary Education Code

This bill makes technical, minor, nonsubstantive changes, and cleans up the postsecondary portion of the Education Code. The bill makes technical changes in provisions of AB 446, Chapter 758, Statutes of 1995 and also conforms those provisions to the numbering system adopted in AB 466.

URGENCY, effective June 11, 1996

AB 3031 (Baca, D-Rialto), Chapter 63/1996: Contract Education: Fees

This bill exempts from the $13 enrollment fee requirement, students enrolled in specified credit contract education courses, if the entire cost of the course, including administrative costs, is paid by the public or private agency, corporation, or association with which the district is contracting.

AB 3032 (Burton, D-San Francisco), Chapter 1165/1996: School Employees Retirement Benefits: Dependents

This bill prescribes that disability and family benefits paid from the State Teachers' Retirement System (STRS) be extended to eligible dependent, unmarried children until attaining age 22.

AB 3099 (Campbell, D-Martinez), Chapter 943/1996: Health Insurance: Part-time Faculty

This bill establishes a program in which the state will provide up to one-half of the cost of premiums for health insurance coverage for part-time community college faculty and their dependents.

AB 3133 (Firestone, R-Los Olivos), Chapter 961/1996: Student Aid Commission

This bill authorizes the California Student Aid Commission to establish an auxiliary nonprofit public benefit corporation that will administer the Commission's participation in the Federal Family Education Loan Program (FFELP), helping it compete with out-of-state national student loan guarantors.

AB 3221 (Brown, D-Sonoma), Chapter 383/1996: School Employees Retirement: Membership

This bill excludes those members from membership in the State Teachers' Retirement System unless the members elect within 60 days to continue in that system.

Senate Bills

SB 19 (Johannessen, R-Redding), Chapter 45/1996: State Mandated Programs

This bill requires the Controller to issue claiming instructions, as specified, and would specify that the claiming instructions are adopted by the Commission of State Mandates.

URGENCY, effective May 14, 1996

SB 91 (Thompson, D-Napa Valley), Chapter 748/1996: Local Costs: Claims

This bill appropriates $104,991,498 from the State General Fund to the State Controller for the payment of claims for reimbursement of state mandated costs.

URGENCY, effective September 21, 1996

SB 109 (Kopp, I-San Francisco), Chapter 749/1996: Deposit and Investment of Public Agency Funds

This bill requires that any decision by a county government to borrow more than $100,000 must be considered as a separate business item on the meeting agenda for a county board of supervisors meeting. The bill also requires county treasurers to develop and submit annual statements of investment policy to local boards of supervisors for review and approval at a public meeting.

SB 229 (Calderon, D-Whittier), Chapter 1070/1996: Redevelopment Agencies

This bill authorizes the State Controller to reallocate any additional funds from the subvention claim fund in the 1995/96 and 1996/97 Budget Acts to compensate redevelopment agencies for shortfalls in the 1994/95 Budget Act.

URGENCY, September 29, 1996

SB 238 (Haynes, R-Murietta), Chapter 1160/1996: Deferred Compensation Plans: Notices to Employees

This bill requires all public and private employers offering their employees an employer-managed deferred compensation program to provide specified written disclosures and financial reports to prospective and currently participating employees regarding the deferred compensation program.

SB 292 (Costa, D-Fresno), Chapter 298/1996: ADA for Part-time College Students

This bill results in K-12 pupils, who are also enrolled part time in community college courses, or pupils in grades 11 or 12 who are also enrolled part time in a college course at the California State University, or the University of California, may generate up to a full average daily attendance (ADA) rather than three quarters of an ADA as provided under current law.

URGENCY, effective July 25, 1996

SB 703 (O'Connell, D-Carpinteria), Chapter 34/1996: Property Tax Revenue Shortfalls

This bill augments the 1995 Budget Act local assistance appropriation to community colleges by $9.4 million to fund the shortfall in property taxes for the 1195-96 fiscal year.

SB 713 (Maddy, R-Fresno), Chapter 171/1996: Property Taxation

This bill permits state and local government entities to file a one-time annual report of specified information regarding property ownership changes with assessors rather than file certain specified documents upon each individual renewal of possessory interests.

URGENCY, effective July 16, 1996

SB 805 (Monteith, R-Modesto), Chapter 154/1996: Commission on State Mandates

This bill expands the membership of the Commission on State Mandates to seven members by providing for the appointment by the Governor and approval by the Senate of two additional members, and specifies that those members shall serve a four-year term subject to renewal, and receive per diem allowances.

SB 864 (Craven, R-Oceanside), Chapter 156/1996: Local Agency Investment Policy

This bill is a clean-up measure to SB 866 Chapter 784/1995 which contains language that provides a variety of technical clean-up amendments relating to local agency investment policy.

URGENCY, effective July 11, 1996

SB 1233 (Costa, D-Fresno), Chapter 949/1996: California Community Colleges

The Governor's signing message stated:

"I have signed on this date Senate Bill No. 1233, however, I am reducing the appropriation by $500,000.

This bill will provide additional growth funds for the community colleges, thereby increasing higher educational opportunities for approximately eight thousand full time equivalent students. However, a reduction is necessary to reflect my signature on AB 3099, which provides an incentive for districts to offer health benefits for faculty who work the equivalent of full time, but who are employed by two or more districts on part time bases. This modest reduction is necessary because there are insufficient Proposition 98 funds to support both bills at the level requested."

SB 1401 (Ayala, D-Chino), Chapter 858/1996: Student Athletes: Sports Agents Contracts

This bill prohibits athlete agents from having any ownership or financial interest in any entity that is directly involved in the same sport as the person whom the athlete agent is representing or negotiating or represent.

SB 1544 (Peace, D-El Cajon), Chapter 1072/1996: School Facilities Improvement Districts

Under current law, a School Facilities Improvement District (SFID) is required to encompass all of the area in a school district that is not part of a Mello-Roos district, and community college districts are not eligible to establish an SFID. SB 1544 Refines this requirement by allowing an SFID to be established in a "sub-district" or portion of the school district not covered by a Mello-Roos district, and also allows community college districts to establish an SFID.

SB 1562 (Greene, D-Carmichael), Chapter 277/1996: School Facilities

This bill reorganizes the Education and Government Codes to school facilities statutes.

SB 1613 (O'Connell, D-Carpinteria), Chapter 896/1996: Higher Education Bond Reappropriation

This bill reappropriates $75 million in 1988, 1990 and 1992 Higher Education Capital Outlay Bond (HECOB) Funds to be allocated as state matching grants funds for federal assistance available for repairs associated with the 1994 Northridge earthquake.

SB 1693 (Monteith, R-Modesto), Chapter 569/1996: Developer Fee Management

This bill tightens the requirements for public agencies managing developer fee funds. It requires annual disclosure of fund balances earmarked for various facilities projects, and requires local agencies to either schedule construction or reimburse fees once sufficient funds to complete a project have been amassed. It also places additional controls on agency expenditure of developer fees.

SB 1809 (Polanco, D-Los Angeles), Chapter 1057/1996: Economic Development Program

This bill makes various changes to the current community colleges economic development program to encourage regional planning and reflect economic growth through training as one of the primary missions for the community college system.

SB 1865 (Craven, R-Oceanside), Chapter 834/1996: Bonds: Local Agencies

This bill permits a joint exercise of powers authority to issued bonds to assist local agencies in financing public capital improvements, working capital, liability or other insurance needs or projects whenever there are significant public benefits for taking that action.

SB 1945 (Craven, R-Oceanside), Chapter 502/1996: PERS Retirement Plans: Public Agency Bankruptcy

This bill prohibits a local agency that has contracted with the California Public Employees' Retirement System (CalPERS) for retirement program services from voiding its contract with CalPERS by filing for federal Chapter 9 Bankruptcy. The bill will also expand the deferred compensation program administered by CalPERS, which currently is available only to local public employees, to all public employees.

SB 1954 (Mello, D-Watsonville), Chapter 1161/1996: Mello-Roos Reform

This bill authorizes that the proceeds of any Mello-Roos revenues collected be deposited into a special account and that these funds be invested only in U.S. backed securities.

SB 2041 (Hughes, D-Los Angeles), Chapter 634/1996: STRS Retirement/Certificated Employees

This bill repeals, recasts and defines various terms for purposes of determining rights and benefits under the State Teachers' Retirement System providing that the name of the system is the "State Teachers' Retirement System Defined Benefit Plan."

SB 2151 (Hughes, D-Los Angeles), Chapter 914/1996: Public Employees: Retirement Benefits

This bill authorizes Public Employees Retirement System members to purchase service credit for maternity/paternity leave.

Vetoed Legislation

Assembly Bills

AB 136 (Brewer, R-Newport Beach): School Finance: Investment Policy Statement