Article 1. Student Body Organizations of California Education Code >> Division 8. >> Title 3. >> Part 55. >> Chapter 3. >> Article 1.
(a) A student body organization may be established at any
state university under the supervision of the university officials
for the purpose of providing essential activities closely related to,
but not normally included as a part of, the regular instructional
program of the university. The organization may also operate a campus
store, a cafeteria, and other projects not inconsistent with the
purposes of the university, and property of the university may be
leased to the organization for those purposes.
(b) (1) The trustees may fix fees for voluntary membership in the
organization established at a state university.
(2) (A) Notwithstanding any law to the contrary, if a student body
organization is established at any state university, upon the
favorable vote of two-thirds of the students voting in an election
held for this purpose, in a manner that the trustees shall prescribe,
and open to all regular students enrolled in the university, the
trustees shall fix a membership fee which shall be required of all
regular, limited, and special session students attending the
university. No fees shall be charged to students registering solely
in extension classes.
(B) The trustees may approve an increase or decrease in the
student body fee only after the fee increase or decrease has been
approved by a majority of students voting in a referendum established
for that purpose.
(C) The required fee shall be subject to referendum at any time
upon the presentation of a petition to the president of the
university containing the signatures of 10 percent of the regularly
enrolled students at the university. A successful referendum shall
take effect with the beginning of the academic year following that in
which the election was held.
(D) Payment of membership fees pursuant to this section shall be a
prerequisite to enrollment in the university, except that if
sufficient funds are available, any state university student, subject
to the regulations of the trustees establishing standards in that
regard, may agree to work off the amount of the fee at the prevailing
rate of the university for student assistants. The trustees may
adopt regulations setting standards for determining which students
shall be eligible to work off the amount of the fee.
(c) The revenues raised pursuant to this section may, in addition
to expenditures for other lawful purposes involved in the operations
of the student body organization, be expended to provide for the
support of governmental affairs representatives who may be attending
upon the State Legislature or upon offices and agencies in the
executive branch of the state government.
(d) The trustees may fix a fee for voluntary membership in a
statewide student organization that represents the students of the
California State University and the student body organizations of the
campuses of the California State University. The trustees shall
provide students either the ability to affirmatively elect to pay
this fee, or a clear and unambiguous means to decline the payment of
this fee, each time the fee is assessed.
Notwithstanding any provision of law to the contrary, except
as provided pursuant to Section 89707.5 with respect to nonresident
students who are citizens and residents of a foreign country and who
are not citizens of the United States, student body organization
membership fees authorized under the provisions of Section 89300
shall be collected by the officials of the campus of the California
State University, together with all tuition and material and service
fees, at the time of registration, except where a student loan or
grant from a recognized training program or student aid program has
been delayed and there is reasonable proof that the funds will be
forthcoming. Exception may also be made where changes are made during
the change of program period which result in a higher fee category
than paid at the time of registration. All unexpended funds and money
collected on behalf of, or by, student body organizations, except
funds and money collected from commercial services as provided in
Section 89905, shall, with the approval of an appropriate officer of
the student body organization, be deposited in trust by the chief
fiscal officer of the campus. The money shall, subject to the
approval of the trustees, be deposited or invested in any one or more
of the following ways:
(a) Deposits in trust accounts of the centralized State Treasury
system pursuant to Sections 16305 to 16305.7, inclusive, of the
Government Code or in the California State University Trust Fund or
in a bank or banks whose accounts are insured by the Federal Deposit
Insurance Corporation.
(b) Investment certificates or withdrawable shares in
state-chartered savings and loan associations and savings accounts of
federal savings and loan associations, if the associations are doing
business in this state and have their accounts insured by the
Federal Savings and Loan Insurance Corporation and if any money so
invested or deposited is invested or deposited in certificates,
shares, or accounts fully covered by the insurance.
(c) Purchase of any of the securities authorized for investment by
Section 16430 of the Government Code or investment by the Treasurer
in those securities.
(d) Participation in funds which are exempt from federal income
tax pursuant to Section 501(c)(3) of the Internal Revenue Code and
which are open exclusively to nonprofit colleges, universities, and
independent schools.
(e) Investment certificates or withdrawable shares in federal or
state credit unions, if the credit unions are doing business in this
state and have their accounts insured by the National Credit Union
Administration and if any money so invested or deposited is invested
or deposited in certificates, shares, or accounts fully covered by
such insurance.
All moneys received by a state university from any agency of the
state or federal government for the payment of student body
organizations membership fees of students attending the state
university shall be deposited or invested as provided above.
All money collected by a campus of the California State
University on behalf of a student body organization under Sections
89046, 89047, 89300, 89301, and 89750, shall be available for such
purposes of the student body organization as are approved by the
trustees.
The chief fiscal officer of each campus of the California State
University shall be custodian of these moneys and provide the
necessary accounting records and controls thereof.
These funds may be expended by the custodian only upon the
submission of an appropriate claim schedule by officers of the
student body organization.
The campus of the California State University shall be reimbursed
by the student body organization an amount to cover the cost of the
custodial and accounting services provided by the campus of the
California State University in connection with these funds.
Student body funds used for scholarships, grants-in-aid, stipends,
loans, and similar expenditures shall conform to the regulations of
the trustees. The funds shall be approved by the financial aids
office before the funds are expended and shall be reflected on the
student's record kept in that office. The student's financial aid
record shall include all the funds received by the student.
The trustees may provide for the construction of a building
to serve as a student body center to be financed entirely or in part
by fees required of students as authorized in Section 89304 pursuant
to the provisions of the State University Revenue Bond Act of 1947.
(a) Upon the favorable vote of two-thirds of the students
voting in an election held for the purpose at a state university, in
the manner the trustees shall prescribe, and open to all regular
students enrolled in the state university, the trustees are
authorized to establish, in addition to any other student fee the
trustees are authorized to establish, a building and operating fee,
not to exceed forty dollars ($40) per student per academic year,
which shall be required of all students attending the state
university. All unexpended funds and money collected by any state
university under this section shall be available for financing,
operating, and constructing a student body center. All unexpended
funds collected by any state university under this section shall be
deposited or invested in trust by the chief fiscal officer of that
state university in any one or more of the following ways:
(1) Deposits in trust accounts of the centralized treasury system
pursuant to Sections 16305 to 16305.7, inclusive, of the Government
Code or in the California State University Trust Fund or in a bank or
banks whose accounts are insured by the Federal Deposit Insurance
Corporation.
(2) Investment certificates or withdrawable shares in
state-chartered savings and loan associations and savings accounts of
federal savings and loan associations, if the associations are doing
business in this state and have their accounts insured by the
Federal Savings and Loan Insurance Corporation.
(3) Purchase of any of the securities authorized for investment by
Section 16430 of the Government Code or investment by the Treasurer
in those securities.
(4) Participation in funds that are exempt from federal income tax
pursuant to Section 501(c)(3) of Title 26 of the United States Code
and that are open exclusively to nonprofit colleges, universities,
and independent schools.
(5) Investment certificates or withdrawable shares in federal or
state credit unions, if the credit unions are doing business in this
state and have their accounts insured by the National Credit Union
Administration and if any money so invested or deposited is invested
or deposited in certificates, shares, or accounts fully covered by
that insurance.
(b) All revenues received by the trustees under this section may
be pledged for the acquisition, construction, and improvement of
student body center projects pursuant to the State University Revenue
Bond Act of 1947 (Article 2 (commencing with Section 90010) of
Chapter 8), and may also be pledged to supplement other revenue
funded projects relating to debt obligations issued by the trustees
pursuant to the State University Revenue Bond Act of 1947. Nothing in
this section shall be construed as altering or permitting a change
in the pledge of student body center fee revenues established in
connection with debt obligations issued prior to the enactment of
this section and pursuant to the State University Revenue Bond Act of
1947.
(c) The chief fiscal officer of each state university shall be
custodian funds collected by a state university under this section,
and shall provide the necessary accounting records and controls
thereof.
The state university shall be reimbursed from these funds in an
amount to cover the cost of the custodial and accounting services
provided by the state university in connection with these funds.
(d) The funds collected by a state university under this section
may be expended by the custodian only upon the submission of an
appropriate claim schedule by an elected representative of the
student body or his or her appointee.