The California Legislature left for the interim recess after sending just over 900 bills to the Governor. Numerous legislative measures are now two year bills. Below are the most important measures that the CSU have been tracking in the 2009 session that may move in 2010. Unless the measure contains an urgency clause, legislative measures that are still in the possession of their house of origin need to pass out of their house by the end of January to remain active for the remainder of the session.

BOT Sponsored Two Year Measure

AB 867 (Nava) California State University: Doctor of Nursing Practice Degree: Would authorize the California State University to award the Doctor of Nursing Practice degree. The bill is designed to enable professionals to earn the degree while working full time, train nurses for advanced practice, and prepare clinical faculty to teach in postsecondary nursing programs. This bill contains other related provisions.

Status: The bill is still on the Senate Appropriations suspense file. Staff worked diligently to move the measure out of the Appropriations committee and sending it to the Governor prior to the end of this legislative session, but was unsuccessful in their attempt.

Significant Two Year Measures

AB 53 (Portantino) State Employment: Salary Freeze: This measure would prohibit any state employee, including employees of the CSU, who earn more than $150,000 to receive a salary increase and overtime pay, until January 1, 2012. The measure excludes Constitutional officers, employees covered by a memorandum of understanding (unions), and any person who has been exempted by executive order of the Governor. Additionally one other bill AB 86 (formerly SB 217 by Leland Yee) was introduced in the last weeks of session. The bill which is awaiting Governor action, will also prohibit the trustees from increasing the monetary compensation for any executive officer, in any fiscal year in which the General Fund appropriation to the CSU in the annual Budget Act is less than the appropriation in the preceding fiscal year.

CSU Position: OPPOSE
Status: This measure failed to out of the house of origin Appropriations and is now a two year bill.

AB 187 (Committee on Budget) Cal Grant Program: This measure would approximately $4.3 million to CSAC to restore fund vetoed by the Governor in the summer. The measure also proposes a pilot program for an alternative Cal Grant delivery system under which a institution, if it elects to participate would be authorized to voluntarily administer award grants under the Cal Grant A and B Entitlement Programs and the California Community College Transfer Cal Grant Entitlement Program.

CSU Position: NO OFFICIAL POSITION
Status: This measure, failed passage in the Senate (Ayes 26. Noes 2)

AB 220 (Brownley) Public Education Facilities: Kindergarten-University Public Education Facilities Bond Act: This measure would place the Kindergarten-University Public Education Facilities Bond Act, on the next statewide General Election ballot for an unspecified amount.

CSU Position: SUPPORT
Status: This measure did not move out of its house of origin and is a two-year bill.

AB 454 (Knight) Public Postsecondary Education: Exemption from Nonresident Tuition: This bill allows CSU and CCC to enroll AB 540 students but prohibits them from receiving basic state support (in the form of FTES) for those students, creating a funding incentive that is at odds with state policy.

CSU Position: OPPOSE
Status: This measure failed to pass out of its House of origin and is still in the Assembly’s Higher Education Committee.

AB 462 (Price) Public Postsecondary Education: Systemwide Fees: Limitations: Tax Levy: This measure would establish the College Affordability Act of 2009 prohibiting the CSU from increasing its fees for five years and then would limit any increase in statewide tuition and fees to the annual percentage change in the California Consumer Price Index (CPI) for the prior year.

CSU Position: OPPOSE
Status: This measure failed to pass out of its house of origin and is currently in the possession of the Assembly Higher Education committee, however the author has left the Assembly and is now serving in the Senate.

AB 656 (Torrico) California Higher Education Endowment Corporation: Oil and Gas Severance Tax: This measure would institute a new oil and gas severance tax on any oil or gas producer in California with the revenues dedicated to the three public higher education segments, CSU, University of California and the California Community Colleges. The revenues generated by the tax will be allocated per decisions of a newly created board and without appropriation by the state. Of ultimate concern is the impact this measure could have on the state’s commitment to higher education including very weak language regarding supplementing versus supplanting our General Fund budget support.

CSU Position: NO OFFICIAL POSITION
Status: The bill passed the Assembly Higher Education committee and is now a two year bill in the Assembly Revenue and Taxation committee.

AB 752 (Caballero) Safe Drinking Water and Water Supply Reliability Act of 2010: This measure would authorize the issuance of bonds in the amount of $12,250,000,000 pursuant to the State General Obligation Bond Law to finance a safe drinking water and water supply reliability program.

CSU Position: NO OFFICIAL POSITION
Status: This measure was held in the Senate after passing the Assembly. It was not referred to a Senate committee for hearing.

AB 1207 (Logue) Exemption from Nonresident Student Tuition: Would require a person who otherwise meets the existing eligibility requirements for resident tuition, but who is without lawful immigration status, to pay nonresident tuition until he or she obtains lawful immigration status.

CSU Position: OPPOSE
Status: This measure failed to pass out of its house of origin and is still in the Assembly’s Higher Education Committee.

SB 128 (Padilla) California Climate Change Institute: This proposal would create the California Climate Change Institute which would manage research and development programs in order for California to achieve the states targets for reducing emissions of greenhouse gases and mitigating the effects of those emissions. This body would identify and support, through a merit-based peer-reviewed competitive grant process, research and education to be undertaken at academic and research institutions and laboratories throughout the state.

CSU Position: SUPPORT
Status: This measure was held in the Assembly Appropriations Committee due to costs.

SB 160 (Cedillo) Student Financial Aid: Institutional Financial Aid Eligibility: This measure would allow students who do not pay the out-of-state fee per the provisions established by AB 540 eligible to receive institutional aid, like the CSU’s State University Grant.

CSU Position: SUPPORT
Status: This measure failed to pass the Senate Appropriations committee and will remain a focus of efforts by the author and supporters in 2010.

SB 195 (Florez) Equity in Higher Education Act: This measure would require a postsecondary educational institution to provide assurance that each program and activity conducted by the institution will be conducted in compliance with applicable provisions of federal law prohibiting discrimination on the basis of sex. This assurance must be signed by specified officers of the institution (Chancellor at the CSU) and would apply to all programs and activities, including academic and athletic programs. "Knowingly" providing a false declaration on the assurance would be punishable by a civil penalty of $50,000.

CSU Position: OPPOSE
Status: This measure was held in Senate Appropriations due to costs and is a two-year bill.

SB 216 (Liu) Public Postsecondary Education: Textbooks: This measure would require the California State University to post a list of required textbooks and the cost of the textbook on their Internet Web, at least 30 days prior to the first day of class for each term. For bundled materials, the bill would require the course instructor to confirm his or her intent to use each individual item sold as part of the bundled package before adoption of the material is finalized.

CSU Position: NO OFFICIAL POSITION
Status: This measure was held in Senate Appropriations due to costs and is a two-year bill.

SB 217 (Yee) Public Postsecondary Education: Executive Officer Compensation: Would prohibit the trustees and request UC Regents from increasing the monetary compensation, as defined, or approving a monetary bonus for, any employee not part of a union of the California State University in any fiscal year in which the General Fund appropriation in the annual Budget Act is less than, or equal to, the General Fund appropriation to the university in the annual Budget Act for the immediately preceding fiscal year.

CSU Position: OPPOSE
Status: The bill passed out of the Assembly Higher Education committee and was held in the Assembly Appropriations committee suspense given the estimated employee recruitment and replacement costs. The author amended another bill, SB 86 with language similar to SB 217, but the new bill limits the application to only executive employees.

SB 261 (Dutton) Water Use: Water Management Plans: This bill designates the CSU Water Resources Policy Institute (WPRI) as the lead entity for the collection and management of statewide water use data as part of a state goal established by the Governor which calls for a reduction in per capita water use of 20 percent by the year 2020.

CSU Position: SUPPORT
Status: As the Legislature attempts to come to an agreement on water, it is hoped that the provisions of this measure will be integrated into the final package.

SB 271 (Ducheny) Public Postsecondary Education: Public Education Facilities Bond Acts: This measure would require that for any public education facilities bond act enacted on or after January 1, 2010 that priority for funding be given to proposals for facilities that will be jointly used by the CCC, UC and the CSU. It would also dictate that dollars from a new bond must be used to address any off-site mitigation necessary to facilitate a campus expansion project.

CSU Position: SUPPORT
Status: This measure was held by the house of origin’s appropriation committee. Many believe that given the state’s debt service costs such large general dollar bonds may be unlikely in the next election cycle.

SB 386 (Runner) Postsecondary Education: Textbooks: The measure would require CSU faculty members who adopt a new textbook edition within three years after initial adoption to provide a cost-benefit analysis to be submitted to the academic senate, administration and student government. The cost-benefit analysis shall include three parts: (A) justification for changing textbook edition within the three-year period. (B) comparison of the differences between the old and new editions. (C) disclosure of any financial interest of the faculty member related to requiring the new textbook edition.

CSU Position: NO OFFICIAL POSITION
Status: This measure was held by the house of origin’s appropriation committee.

SB 646 (Denham) Student Financial Aid: Veterans and Dependents: This bill would enact the Golden State GI Bill of Rights for Higher Education which would prohibit the CSU, CCC and UC from charging any mandatory systemwide tuition or fees, including enrollment fees, registration fees, differential fees, or incidental fees, to a member of the Armed Forces of the United States who enlisted into the service when they were a California resident. It was amended to provide a backfill to higher education for any loss of revenue to the segments.

CSU Position: SUPPORT
Status: This measure failed to advance out of its house of origin’s fiscal committee.