To Enact the Recommendations of the Special Fee Reform Task Force

Senate Bill XXV-CA-1

Authors

Karen Seta, Task Force Chair

Curtis Kin, Graduate Senator

Robert Jonas, Graduate Senator

Christopher Hondl, Graduate Senator

Richard Stolz, Task Force Member

Irene Folstrom, Undergraduate Senator

Anietie Ekanem, Council of Presidents

Nawwar Kasrawi, Senate Chair

Nanci Howe, OSA Director

Linda Whitcomb, ASSU Office Manager

Gabriel Lucas, Financial Manager

Mörk Murdock, Council of Presidents

Submitted for Written Notice: November 22, 1994

Submitted for Approval: November 29, 1994

Action Requested: Placement on Ballot, Requires a two thirds vote.

Whereas the Special Fee Reform Task Force has completed its review of the special fee system,

Whereas the Task Force has presented its report detailing problems with the special fee system and proposing solutions,

Be it thus Enacted by the Senate of the Association

That Article V, Section 2, of the ASSU Constitution shall be amended, deleting the old text and inserting the new text as shown below. New or changed sections are shown in italics, deletions are noted with [...]

Old Text

Section 2: Special Fees

A. Placement on the Ballot

Every Spring quarter, during the general elections held for the Senate and Council of Presidents, the Association may levy one or more Special Fees via a referenda. Special Fees shall be sought by student organizations to cover their organizational and basic programming expenses. A student organization shall have its request for a Special Fee placed on the ballot after following any one of the following four procedures:

1. Prepare a detailed budget for the student organization for the next fiscal year, including the amount sought from the Special Fee, and submit this, along with the current budget and a summary of actual expenditures, to the Association in the form of a petition. Such petitions bearing the signatures of 20 per cent of the members of the Association requesting to place the Special Fee on the ballot for Association consideration shall be presented to the Elections Commissioner, who must examine for authenticity the signatures on the petitions within seven days after receiving it. Upon verifying the petition, the Elections Commissioner shall then authorize the placement of the Special Fee on the ballot for Association consideration.

2. Prepare a detailed budget for the student organization for the next fiscal year, including the amount sought from the Special Fee, and submit this, along with the current budget and a summary of actual expenditures, to the Association in the form of a petition and to the Senate. Such petitions bearing the signatures of 10 per cent of the members of the Association requesting to place the Special Fee on the ballot for Association consideration shall be presented to the Elections Commissioner, who must examine for authenticity the signatures on the petitions within seven days after receiving it. Upon verifying the petition, the Elections Commissioner shall then authorize the placement of the Special Fee on the ballot for Association consideration, provided that this request has also been approved by three-fifths of the members of the Senate.

3. Prepare a detailed budget for the student organization for the next fiscal year, including the amount sought from the Special Fee, and submit this, along with the current budget and a summary of actual expenditures, to the Senate. Upon approval by three-fifths of the members of the Senate, the Elections Commissioner shall then authorize the placement of the Special Fee on the ballot for Association consideration, provided that the last time this student organization appeared on the ballot for a Special Fee, those in favor of the Special Fee constituted at 50 percent of the members of the Association voting on the Special Fee, and that the fee presently sought is not substantially higher than the fee requested the last time this student organization appeared on the ballot for a Special Fee.

4. Prepare a detailed budget for the student organization for the next fiscal year, including the amount sought from the Special Fee, and submit this, along with the current budget and a summary of actual expenditures, to the Association in the form of a petition. Such petitions bearing the signatures of 10 per cent of the members of the Association requesting to place the Special Fee on the ballot for Association consideration shall be presented to the Elections Commissioner, who must examine for authenticity the signatures on the petitions within seven days after receiving it. Upon verifying the petition, the Elections Commissioner shall then authorize the placement of the Special Fee on the ballot for Association consideration, provided that the last time this student organization appeared on the ballot for a Special Fee, those in favor of the Special Fee constituted at least 50 per cent of the members of the Association voting on the Special Fee, and that the fee presently sought is not substantially higher than the fee requested the last time this student organization appeared on the ballot for a Special Fee.

One of the above procedures must be completed by a deadline specified in the By-Laws of the Association, but no later than 21 days before the general election. The Senate shall give public notice in the Stanford Daily/ or through inclusion in an election pamphlet/handbook of the Special Fee requests which will appear on the ballot and their amounts at least 7 days before the general election.

The Senate shall have the authority to specify the form in which the detailed budget and summary of actual expenditures must be presented and the information they must contain, and to establish regulations defining the proper form for petitions and governing the circulation thereof.

B. Placement on the Ballot in Extenuating Circumstances

If a student organization has completed one of the above procedures within 21 days of the general election then the Council of Presidents and the Senate may, if they determine that extenuating circumstances prevented an earlier completion of one of these procedures, authorize the placement of a Special Fee on the ballot for Association consideration. In this case within two days after authorization, the Senate shall give public notice in the Stanford Daily/ or through the inclusion in an election pamphlet/handbook of the Special Fee(s) and their amount(s) to be placed on the ballot for student consideration.

C. Financial Information

During the general election a summary of all financial information submitted by the student organization seeking a Special Fee shall be made available to all members of the Association.

D. Division of Special Fee Requests

Regardless of which procedure for placement of a Special Fee request on the ballot was followed, the detailed budget for the next fiscal year of a student organization seeking a Special Fee may be divided into two sections by a vote of three-fifths of the members of the Senate. Each section, along with an appropriate amount sought from the student organization's initial Special Fee request, its current budget, and the summary of actual expenditures to date, shall be considered as a separate and independent Special Fee request, shall appear separately on the ballot, and shall require separate approval by the members of the Association as provided herein. The sum of the two Special Fee requests appearing on the ballot shall equal the amount sought in the organization's initial Special Fee request.

E. Approval by the Association

During the general election each member of the Association may cast one vote either in favor of or in opposition to each Special Fee. A Special Fee shall be deemed to have passed if a majority of those voting on the it were in favor and if those in favor constituted at least 15 per cent of the members of the Association.

F. Approval by the University

Upon certification of the appropriate election result, the Senate shall submit all those Special Fee requests which were approved by the Association, and the General Fee amounts authorized by the Association, to the President of the University for his or her approval.

New Text

Section 2: Special Fees

A. Eligibility

Every Spring quarter, during the general elections held for the Senate and Council of Presidents, the Association may levy one or more Special Fees via referenda. Special Fees shall be sought by student organizations to cover their organizational and basic programming expenses.

In order to have its special fee request placed on the ballot, a student organization shall prepare a detailed budget for the next fiscal year, including the amount sought from the Special Fee, and submit this, along with the current budget and a summary of actual expenditures, to the Senate. The Senate shall have the authority to specify the form in which the detailed budget and summary of actual expenditures must be presented and the information they must contain. All special fee requests must be submitted to the Senate no later than a deadline during winter specified by the Senate during Fall quarter.

Organizations whose primary purpose or activities are of a religious or partisan political nature are not eligible to receive a special fee. In addition, any organization applying for a special fee may not include in its special fee request budgetary items for religious or partisan political activities

B. Placement on the Ballot

1. With the approval of the Senate

i. Upon approval by three-fifths of the members of the Senate, provided that the last time this student organization appeared on the ballot for a Special Fee, the Special Fee was approved, and that the fee presently sought is not substantially higher than the Special Fee last approved, the Elections Commissioner shall authorize the placement of the Special Fee on the ballot for Association consideration

ii. Upon approval by three-fifths of the members of the Senate and submission of petitions bearing the signatures of 10 per cent of the members of the Association requesting to place the Special Fee on the ballot for Association consideration, the Elections Commissioner shall examine for authenticity the signatures on the petitions within seven days after receiving them. Upon verifying the petitions, the Elections Commissioner shall then authorize the placement of the Special Fee on the ballot for Association consideration.

2. Without the Approval of the Senate

i. Upon submission of petitions bearing the signatures of 10 per cent of the members of the Association requesting to place the Special Fee on the ballot for Association consideration, the Elections Commissioner shall examine for authenticity the signatures on the petitions within seven days after receiving them. Upon verifying the petitions, the Elections Commissioner shall then authorize the placement of the Special Fee on the ballot for Association consideration, provided that the last time this student organization appeared on the ballot for a Special Fee, the Special Fee was approved, and that the fee presently sought is not substantially higher than the Special Fee last approved.

ii. Upon submission of petitions bearing the signatures of 20 per cent of the members of the Association requesting to place the Special Fee on the ballot for Association consideration, the Elections Commissioner shall examine for authenticity the signatures on the petitions within seven days after receiving them. Upon verifying the petitions, the Elections Commissioner shall then authorize the placement of the Special Fee on the ballot for Association consideration.

All petitions must be submitted by a deadline specified in the By-Laws of the Association, but no later than 21 days before the general election. The Senate must act on all special fee requests submitted to it no later than one week prior to the petition deadline as specified in the By-Laws. The Senate shall give public notice in the Stanford Daily/ or through inclusion in an election pamphlet/handbook of the Special Fee requests which will appear on the ballot and their amounts at least 7 days before the general election.

The Senate shall have the authority to establish regulations defining the proper form for petitions and governing the circulation thereof.

C. Placement on the Ballot in Extenuating Circumstances

If a student organization has completed one of the above procedures within 21 days of the general election then the Council of Presidents and the Senate may, if they determine that extenuating circumstances prevented an earlier completion of one of these procedures, authorize the placement of a Special Fee on the ballot for Association consideration. In this case within two days after authorization, the Senate shall give public notice in the Stanford Daily/ or through the inclusion in an election pamphlet/handbook of the Special Fee(s) and their amount(s) to be placed on the ballot for student consideration.

D. Financial Information

During the general election a summary of all financial information submitted by the student organization seeking a Special Fee shall be made available to all members of the Association.

E. Division of Special Fee Requests

Regardless of which procedure for placement of a Special Fee request on the ballot was followed, the detailed budget for the next fiscal year of a student organization seeking a Special Fee may be divided into two sections by a vote of three-fifths of the members of the Senate. Each section, along with an appropriate amount sought from the student organization's initial Special Fee request, its current budget, and the summary of actual expenditures to date, shall be considered as a separate and independent Special Fee request, shall appear separately on the ballot, and shall require separate approval by the members of the Association as provided herein. The sum of the two Special Fee requests appearing on the ballot shall equal the amount sought in the organization's initial Special Fee request.

F. Approval by the Association

During the general election each undergraduate member of the Association may cast one vote either in favor of or in opposition to each Special Fee and each graduate member of the Association may cast one vote either in favor of or in opposition to each Special Fee.

1. Requests approved by the Senate

A special fee request that was approved by the Senate shall be deemed to have been passed by the undergraduates if a majority of undergraduates voting on it were in favor, and if those undergraduates in favor constituted 15 per cent of the undergraduate members of the Association. A special fee shall be deemed to have been passed by the graduates if a majority of graduates voting on it were in favor, and if those graduates in favor constituted 15 per cent of the graduate members of the Association.

2. Requests not approved by the Senate

A special fee request that was not approved by the Senate shall be deemed to have been passed by the undergraduates if three-fifths of undergraduates voting on it were in favor, and if those undergraduates in favor constituted 15 per cent of the undergraduate members of the Association. A special fee shall be deemed to have been passed by the graduates if three-fifths of graduates voting on it were in favor, and if those graduates in favor constituted 15 per cent of the graduate members of the Association.

G. Approval by the University

Upon certification of the appropriate election result, the Senate shall submit all those Special Fee requests which were approved by the Association, and the General Fee amounts authorized by the Association, to the President of the University for his or her approval.

That Article V, Section 3, of the ASSU Constitution shall be amended, deleting the old text and inserting the new text as shown below. New or changed sections are shown in italics, deletions are noted with [...]

Old Text

Section 3: Collection of the General and Special Fees

A. Collection Schedule

After the Spring election results have been certified by the Senate, the Financial Manager shall devise and submit to the Senate for approval a schedule for the levying of the General and Special Fees which must conform to the following four principles:

1. The amount levied during each of Autumn, Winter, and Spring quarters shall be substantially the same, while that levied during Summer quarter shall be approximately one half this amount.

2. The amount levied each quarter shall be an integral amount of dollars.

3. The amount levied each quarter shall be apportioned among the General and Special Fees in a manner that shall provide an adequate cash flow for the concerned student organizations.

4. All costs incurred by the Association in administering the approval, disbursement, and refund processes, and in enforcing compliance by the recipients of such funds with their authorized budgets, along with an appropriate portion of the general election costs, shall be paid by a surcharge levied on the authorized General and Special Fees. This surcharge shall be a uniform percentage of each Fee.

B. Collection of Fees

The University shall collect the appropriate amount every quarter at the same time it collects charges for tuition. The University shall transfer all collected monies to the Financial Manager, who shall then distribute them into the appropriate financial accounts.

New Text

Section 3: Collection of the General and Special Fees

A. Undergraduate Fee

The undergraduate fee shall be the sum of the special fees passed by the undergraduates only plus the ratio of undergraduate members to total members of the Association multiplied by the sum of the special fees passed by both the undergraduates and the graduates, the general fees and the surcharges.

B. Graduate Fee

The graduate fee shall be the sum of the special fees passed by the graduates only plus the ratio of graduate members to total members of the Association multiplied by the sum of the special fees passed by both the undergraduates and the graduates, the general fees and the surcharges.

C. Collection Schedule

After the Spring election results have been certified by the Senate, the Financial Manager shall devise and submit to the Senate for approval a schedule for the levying of the General and Special Fees which must conform to the following four principles:

1. The annual amount levied on individual undergraduates shall be the undergraduate fee divided by the number of undergraduate members of the Association.

2. The annual amount levied on individual graduates shall be the graduate fee divided by the number of graduate members of the Association.

3. The amount levied on the undergraduates during each of Autumn, Winter, and Spring quarters shall be substantially the same, while that levied during Summer quarter shall be approximately one half of this amount.

4. The amount levied on the graduates during each of Autumn, Winter, and Spring quarters shall be substantially the same, while that levied during Summer quarter shall be approximately one half this amount.

5. The amount levied each quarter shall be an integral amount of dollars.

6. The amount levied each quarter shall be apportioned among the General and Special Fees in a manner that shall provide an adequate cash flow for the concerned student organizations.

7. All costs incurred by the Association in administering the approval and disbursement [...] and in enforcing compliance by the recipients of such funds with their authorized budgets, along with an appropriate portion of the general election costs, shall be paid by a surcharge levied on the authorized General and Special Fees. This surcharge shall be a uniform percentage of each Fee.

D. Collection of Fees

The University shall collect the appropriate amount every quarter at the same time it collects charges for tuition. The University shall transfer all collected monies to the Financial Manager, who shall then distribute them into the appropriate financial accounts.

That Article V, Section 4, of the ASSU Constitution shall be struck, with subsequent sections to be renumbered accordingly. The deleted section is shown below:

Section 4: Refunds of the General and Special Fees

Any member of the Association shall be entitled to a refund of at least the amount assessed in support of the entire, or any portion of, any General or Special Fee. This amount shall be specified in the collection schedule for the Fees, and should be as close as practical to the actual per capita amount collected for the Fee in question.Obtaining this refund may deprive the member of the Association of some or all of the services offered by the student organizations receiving these monies.

That Article V, Section 7, of the ASSU Bylaws shall be amended, deleting the old text and inserting the new text as shown below. New or changed sections are shown in italics, deletions are noted with [...]

Old Text

Section 7: General and Special Fees

A. General Provisions

1. For each General Fee, there must be a Board constituted in these By-Laws as an agency of the Association, which will allocate funds from the Fee, and a concise statement of purpose defined in the same portion of the By-Laws.

2. No organization receiving funds from a General or Special Fee may loan, grant, or otherwise distribute any of its restricted funds to another organization, with the following exemptions:

i. The Program and Publications Boards may distribute funds to eligible student organizations in accordance with the provisions of these By-Laws.

ii. The Club Sports Council may distribute funds to the various clubs belonging to the Club Sports program. Any organization receiving funds from the Council shall not be eligible for General or Special Fee funding from any other source.

Organizations receiving funds from a General or Special Fee may co-sponsor events with other organizations, provided that all co-sponsoring organizations shall have actual involvement in the planning and implementation of the co-sponsored event. Organizations and publications may not be co-sponsored.

3. No organization may receive funds from both a Special Fee and a General Fee during the same fiscal year.

4. Non-Association organizations which are eligible to apply for a Special Fee or funds from a General Fee may not receive any unrestricted funds from the Association Operating Budget, except in the form of loans.

5. The Senate shall approve Schedules for the Collection, Disbursement, and Refunds, of the General and Special Fees for the following fiscal year no later than the final meeting of the outgoing Senate before it dissolves during Spring quarter.

6. At the time that it approves these Schedules, the Senate shall set the amounts of the following surcharges, and approve line-item budgets for their expenditure where appropriate:

i. Refund cost surcharge -- shall cover the direct and indirect costs of providing refunds of the General and Special Fees.

ii. Rounding surcharge -- shall cover any excess of the amount to be refunded per student for a given fee (as provided in the Refund Schedule) over the amount to be collected per student for that fee (as provided in the Collection Schedule).

iii. Election Cost surcharge -- shall reimburse the Association operating budget for an appropriate fraction of the budgeted cost of Association elections, as provided by these By-Laws, including interest from the time the election costs are incurred until the time the surcharge funds are received.

iv. Advance disbursement surcharge -- shall reimburse the Association for the opportunity cost of making available General and Special Fee funds to student organizations in advance of the receipt of those funds from the University.

v. Administrative cost surcharge -- shall cover the direct and indirect costs incurred in the processes of the approval and disbursement of the General and Special Fees, and in enforcing compliance by the recipients of such funds with their authorized budgets.

At the end of the fiscal year, any balance in the Refund Cost, Rounding, and Administrative Cost surcharge accounts shall be debited or credited to the Special Buffer Fund.

7. The Disbursement Schedule shall provide that each student organization receiving a Special Fee shall receive 35 percent of the net amount of that Fee at the beginning of the Autumn quarter, 30 percent at the beginning of each of the Winter and Spring quarters, and the remaining 5 percent at the beginning of the Summer quarter. For the Boards receiving funds from a General Fee, one-third of the net amount shall be disbursed to that Board at the beginning of each of the Autumn, Winter, and Spring quarters.

The Financial Manager shall disburse less than the scheduled amount if the actual refunds for a given Fee appear likely to exceed the amount budgeted for refunds. If the actual refunds for a given Fee are less than the amount budgeted for refunds, the remaining funds shall be transferred to the budget reserve of the organization receiving the Fee (or, for Boards receiving funds from a General Fee, to that General Fee's Budget Reserve) at the end of the fiscal year.

8. Disbursements of funds to student organizations receiving a Special Fee in advance of the disbursement authorized by the appropriate Schedule, or to student organizations receiving annual allocations from a General Fee in advance of the disbursement authorized by these By-Laws and the budget of the appropriate Board, may be authorized by the Financial Manager at his/her discretion. Such advances shall bear an appropriate rate of interest to compensate for the opportunity cost involved, as specified in an appropriate Financial Policy.

9. Approval by the Senate, the Financial Manager, or the Association of any particular line item of a Special Fee request or allocation from a General Fee does not commit the Financial Manager to approval of any particular expenditure at the time it is requested by the organization.

10. Any student organization requesting or receiving funds from a General or Special Fee shall prepare its budget in a manner which complies with the requirements of the Constitution, these By-Laws, and any Funding Policies adopted by the Senate.

11. Any organization receiving a Special Fee or funds from a General Fee during the current fiscal year, or having unexpended funds originally derived from such a source, shall be required to expend all funds of that organization in accordance with its budget as authorized by the members of the Association (when its Special Fee request was approved) or by the Senate (when an allocation of funds from a General Fee was approved), unless and until a budget modification has been approved. The process by which budget modifications may be approved shall be specified in a Funding Policy adopted by the Senate.

No funds shall be disbursed to a student organization not satisfying this requirement.

12. At the close of a fiscal year, any unexpended funds (including budget reserve funds) in the account of a student organization which were originally derived from a General or Special Fee shall remain subject to the budgetary supervision of the Association. The process by which a budget for the expenditure of such funds is authorized shall be specified in a Funding Policy adopted by the Senate. No such funds shall be expended except in accordance with an authorized budget.

13. Any student organization requesting a Special Fee or funds from a General Fee and which has been exempt from banking with the Students' Organizations Fund (and which has not done all of its banking with the University) must submit a report to the Financial Manager from an independent auditor approved by him/her which fully accounts for the finances of said organization for the previous fiscal year, and which especially emphasizes the uses to which any previously received General or Special Fee funds have been put.

B. Special Fees

1. By the eighth week of Autumn quarter, the Senate shall adopt a schedule specifying the date by which student organizations seeking Senate approval for the placement of their Special Fee request on the ballot in the Association general election shall submit their budgets for the following fiscal year to the Senate Appropriations Committee, and the date(s) on which the Appropriations Committee may submit such budgets to the Senate for approval. Budgets may not be submitted to the Senate later than eight weeks before the end of Winter Quarter.

2. The Senate Appropriations Committee shall review all Special Fee requests submitted to it in accordance with this schedule, and shall recommend to the Senate whether or not each Special Fee request should be placed on the ballot by the Senate in its original or an amended form, and may recommend that the special fee request be divided.

3. The Appropriations Committee's recommendation to the Senate shall be based on all relevant information, including but not limited to: the reasonableness of the detailed budget submitted by the student organization and the size of its total fee request, a consideration of the organization's other potential sources of income, the value of the services provided to the members of the Association by the organization, and the appropriateness of using Special Fee funds to provide those services.

C. General Fees

1. Eligibility of Student Organizations Applying for General Fee Funds

i. Organizations eligible for General Fee funding shall be the same as those eligible to apply for Special Fees, as provided by these By-Laws. Agencies of the Association applying for General Fee funding must be financially independent from the Association proper. No Association agency which appears as a source of funds to the Association Operating Budget shall be eligible to receive funds from a General Fee.

ii. A non-Association organization which is a subsidiary of, or receives organizational or basic programming funding from, another organization shall be treated as a department of the parent organization, and not an organization in its own right.

iii. The Senate has the right to enforce the limit on the amount of funding an organization can receive by classifying together organizations which have substantially identical purposes or memberships, especially (but not exclusively) in cases where they were originally part of one organization.

2. Allocations and Uses of General Fee Funds

i. No organization may receive funding from more than one Association Board. Board members and officers should offer their expertise to other Boards whenever needed for the purpose of evaluating requests for funding.

ii. The maximum amount of General Fee funding which may be received by an organization during a fiscal year is $6000.

iii. Any organization which receives more than $4200 from any one General Fee during a fiscal year must either place a Special Fee request on the ballot for the following fiscal year, or successfully obtain a valid petition of ten percent of the members of the Association towards that end, in order to be eligible to receive General Fee funding for the following fiscal year. If such an organization successfully obtains a valid petition of ten percent of the members of the Association for its Special Fee request, but that Special Fee request does not appear on the ballot, that organization shall be eligible to receive a maximum of $4200 from any one General Fee for the following fiscal year.

iv. An organization whose Special Fee request fails to be approved by the members of the Association shall be eligible to receive no more than 80 per cent of its net fee request or $6000 (of which no more than $4200 may be received from any one General Fee), whichever is less, during the fiscal year for which the Fee was requested.

3. Authorizing Existing General Fees

i. No later than the second regularly scheduled meeting of Winter quarter, the Appropriations Committee must give notice of legislation listing the base amount and the statement of purpose of each existing General Fee, and the percentages by which they may be changed in the coming General Election.

ii. The percentages must consist of a list of two to five numbers in the form "0%, +/- 10%, +/- 15%(c), [[alpha]][[nu]]d u[[upsilon]][[sigma]][[tau]] [[iota]][[nu]][[chi]][[lambda]][[upsilon]]d[[epsilon]] 0% [[alpha]][[nu]]d +/- 10%. [[Delta]][[iota]][[phi]][[phi]][[epsilon]][[rho]][[epsilon]][[nu]][[tau]] [[Gamma]][[epsilon]][[nu]][[epsilon]][[rho]][[alpha]][[lambda]] [[Phi]][[epsilon]][[epsilon]][[sigma]] u[[alpha]][[psi]] [[eta]][[alpha]][[??]][[epsilon]] d[[iota]][[phi]][[phi]][[epsilon]][[rho]][[epsilon]][[nu]][[tau]] [[pi]][[epsilon]][[rho]][[chi]][[epsilon]][[nu]][[tau]][[alpha]][[gamma]][[epsilon]][[sigma]].

iii. If this legislation is not passed by the last regularly-scheduled meeting of Winter quarter, the percentages from the previous year will be used.

iv. In applying each Fee's percentage to its base amount, the Elections Commission must round to the nearest whole dollar. These dollar amounts are the options for setting the amount/ of each General Fee.

4. Proposals to Create, Abolish, or Make Large Modifications in General Fees

i. Proposals to create a new General Fee or to make a modification to the base amount of an existing General Fee must include a proposed base amount and statement of purpose. Proposals to abolish a General Fee need only specify which fee to abolish.

ii. Substantive changes to the statement of purpose must be approved in the same manner as a change in base amount.

iii. Proposals may be linked; for instance, the creation of one General Fee may be linked to the reduction in base amount of another General Fee. Linked proposals are voted on as a unit. The Senate must assign a descriptive title to each linked proposal.

5. Annual Allocations

i. Any Board which makes allocation recommendations one year for the following year's General Fee must complete such recommendations by the end of Winter quarter. No member of or body of the Senate may then publicize any further recommendations or intended recommendations from the beginning of Spring quarter until after the Spring general election is over.

ii. In making those recommendations, the Board should assume that the size of the General Fee will not change, and report out allocations with a sum corresponding to the annual allocations from that Fee in the current fiscal year, unless the Senate instructs the Board otherwise. The Board may entertain applications from organizations seeking Special Fees, and will give them the same scrutiny it would give non-Special Fee groups. However, it should report them out separately and not include their potential allocations in the sum.

iii. No later than the first regularly-scheduled meeting of Spring quarter, the Senate will approve an overall budget for each General Fee. This budget will delineate categories of expenditure, including but not limited to: a fixed amount for the operating expenses of the Board allocating the Fee; a fixed Fee refund rate and amount; various funds for disbursement, as defined in the Board's By-Laws discretionary funds, if any, must be specified as a minimum percentage of the net amount of the Fee); and allowance for transfers from the Fee's Budget reserve. The budget must add up to the base amount of the Fee. General Fee refunds must be calculated in the same manner as Special Fee refund rates, unless otherwise specified by the Senate. The overall budget may not be amended after the Spring General election, except by a two-thirds vote of the membership of the Senate.

iv. At the meeting when the Spring election results are certified, or no later than the next regularly-scheduled meeting, the Senate must approve budgets for the following fiscal year, including any allocations to student groups, for the Boards administering General Fees. The proposed allocations must be made available to all members of the Senate at least 96 hours prior to the commencement of the Senate meeting at which they will be considered.

6. Minimum Amount of General Fees

The minimum amount for any General Fee, reflecting the level below which it is administratively impractical to collect a Fee, is $4000. The limit that applies to all General Fees in a given election is that limit in effect at the opening of polls of the election. However, if a General Fee drops below the limit one year, it must rise above the same limit in the next year in order not to be abolished, regardless of any subsequent changes in the limit.

7. General Fee Budget Reserve Funds

i. For each General Fee, a General Fee Budget Reserve Fund must be maintained as a distinct account within the Students' Organizations Fund. At the close of each fiscal year, any excess of income over expenditures must be credited to, or any excess of expenditures over income must be charged to, that Fee's Budget Reserve Fund. Expenditures are defined as those funds actually disbursed from the Board's accounts with the Students' Organizations Fund by the close of the fiscal year, plus any funds due an individual or organization for expenses previously incurred in accordance with an allocation or within the operating budget of the Board, and the existence of which is known to the Director of the at Board at the close of the fiscal year.

ii. The Senate will enact a Financial Policy specifying the target level of the Budget Reserve for each General Fee. When approving the overall budget of a General Fee, the Senate must supplement or offset the income from the Fee with transfers from or to that Fee's Budget Reserve, in order to bring the level of the Budget Reserve to its target.

iii. Any funds allocated by a Board disbursing General Fee funds which are not expended in accordance with the original allocation, and which are subsequently recovered by that Board after the close of the fiscal year in which they were originally allocated, must be credited to that Board's General Fee Budget Reserve Fund.

iv. Expenditures of funds from a General Fee Budget Reserve Fund may be made only through the budget of the appropriate Board authorized in these By-Laws to receive funds from that General Fee. All expenditures of funds from a Budget Reserve Fund (including the adoption of any budget or subsequent budget modification which requires such an expenditure) must be approved by a two-thirds vote of the Senate.

8. The amounts allocated to each Board and/or fund shall be treated as separate Fees for the purpose of granting refunds.

D. Refunds

1. Every member of the Association voting in the Spring quarter general election authorizing the collection of Special Fees shall be issued proof of their having voted.

2. A member of the Association who had voted in the Spring quarter general election, but who has lost his/her proof of voting, may be reissued proof of voting by applying to the Financial Manager. The duplicate receipts issued during the election shall guide the Financial Manager in reissuing proof of voting.

3. Only those members of the Association either presenting proof of voting or evidence that they were not registered members of the Association during this general election shall be entitled to refunds.

4. The Financial Manager shall ensure that fee refunds are made available in a timely and efficient manner to eligible members requesting them and that all such person are informed of the procedure to obtain refunds. These procedures shall specifically include the following:

i. All eligible students who file a fee refund request prior to 5 PM on the third Friday of any quarter shall be mailed a refund check for that quarter and all subsequent quarters during that fiscal year for which the student remains enrolled. All checks must be mailed by the seventh week of quarter.

ii. Students may alter their fee refund requests at any time during the year. The modified request will take effect during the quarter submitted if submitted before 5 PM on the third Friday of the quarter, else it shall take effect during the following quarter(s).

iii. Exceptions to this policy will be allowed if and only if authorized by a two-thirds vote of the Senate with previous notice.

iv. The Financial Manager shall make available to any student group receiving a Special Fee a list of the student identification numbers of all students who requested fee refunds from that group. This list shall be made available no later than noon on the Monday following the fee refund deadline.

5. The Financial Manager shall advertise deadlines as appropriate to ensure students are aware of these procedures.

E. Enforcement

The Financial Manager is hereby instructed and empowered to ensure that all requirements pertaining to funds derived from General and Special Fees contained in the Constitution, these By-Laws, and Funding Policies enacted by the Senate are strictly enforced.

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Section 8: General and Special Fees

A. General Provisions

1. For each General Fee, there must be a Board constituted in these By-Laws as an agency of the Association, which will allocate funds from the Fee, and a concise statement of purpose defined in the same portion of the By-Laws.

2. No organization receiving funds from a General or Special Fee may loan, grant, or otherwise distribute any of its restricted funds to another organization, with the following exemptions:

i. The Program and Publications Boards may distribute funds to eligible student organizations in accordance with the provisions of these By-Laws.

ii. The Club Sports Council may distribute funds to the various clubs belonging to the Club Sports program. Any organization receiving funds from the Council shall not be eligible for General or Special Fee funding from any other source.

Organizations receiving funds from a General or Special Fee may co-sponsor events with other organizations, provided that all co-sponsoring organizations shall have actual involvement in the planning and implementation of the co-sponsored event. Organizations and publications may not be co-sponsored.

3. No organization may receive funds from both a Special Fee and a General Fee during the same fiscal year.

4. Non-Association organizations which are eligible to apply for a Special Fee or funds from a General Fee may not receive any unrestricted funds from the Association Operating Budget, except in the form of loans.

5. The Senate shall approve Schedules for the Collection and Disbursement of the General and Special Fees for the following fiscal year no later than the final meeting of the outgoing Senate before it dissolves during Spring quarter.

6. At the time that it approves these Schedules, the Senate shall set the amounts of the following surcharges, and approve line-item budgets for their expenditure where appropriate: [...]

i. Election Cost surcharge -- shall reimburse the Association operating budget for an appropriate fraction of the budgeted cost of Association elections, as provided by these By-Laws, including interest from the time the election costs are incurred until the time the surcharge funds are received.

ii. Administrative cost surcharge -- shall cover the direct and indirect costs incurred in the processes of the approval and disbursement of the General and Special Fees, and in enforcing compliance by the recipients of such funds with their authorized budgets.

At the end of the fiscal year, any balance in the Administrative Cost surcharge account shall be debited or credited to the Special Buffer Fund.

7. The Disbursement Schedule shall provide that each student organization receiving a Special Fee shall receive 35 percent of the net amount of that Fee at the beginning of the Autumn quarter, 30 percent at the beginning of each of the Winter and Spring quarters, and the remaining 5 percent at the beginning of the Summer quarter. For the Boards receiving funds from a General Fee, one-third of the net amount shall be disbursed to that Board at the beginning of each of the Autumn, Winter, and Spring quarters.

[...]

8. Disbursements of funds to student organizations receiving a Special Fee in advance of the disbursement authorized by the appropriate Schedule, or to student organizations receiving annual allocations from a General Fee in advance of the disbursement authorized by these By-Laws and the budget of the appropriate Board, may be authorized by the Financial Manager at his/her discretion. Such advances shall bear an appropriate rate of interest to compensate for the opportunity cost involved, as specified in an appropriate Financial Policy.

9. Approval by the Senate, the Financial Manager, or the Association of any particular line item of a Special Fee request or allocation from a General Fee does not commit the Financial Manager to approval of any particular expenditure at the time it is requested by the organization.

10. Any student organization requesting or receiving funds from a General or Special Fee shall prepare its budget in a manner which complies with the requirements of the Constitution, these By-Laws, and any Funding Policies adopted by the Senate.

11. Any organization receiving a Special Fee or funds from a General Fee during the current fiscal year, or having unexpended funds originally derived from such a source, shall be required to expend all funds of that organization in accordance with its budget as authorized by the members of the Association (when its Special Fee request was approved) or by the Senate (when an allocation of funds from a General Fee was approved), unless and until a budget modification has been approved. The process by which budget modifications may be approved shall be specified in a Funding Policy adopted by the Senate.

No funds shall be disbursed to a student organization not satisfying this requirement.

12. At the close of a fiscal year, any unexpended funds (including budget reserve funds) in the account of a student organization which were originally derived from a General or Special Fee shall be transferred into the funding reserve account of the organization, which shall remain subject to the budgetary supervision of the Association. No funds shall be transferred to a groups's funding reserve account once the balance exceeds the group's current special fee budget Any excess funds will then be transferred to the Special Buffer Fund.

13. Any student organization requesting a Special Fee or funds from a General Fee and which has been exempt from banking with the Students' Organizations Fund (and which has not done all of its banking with the University) must submit a report to the Financial Manager from an independent auditor approved by him/her which fully accounts for the finances of said organization for the previous fiscal year, and which especially emphasizes the uses to which any previously received General or Special Fee funds have been put.

B. Special Fees

1. By the eighth week of Autumn quarter, the Senate shall adopt a schedule specifying the date by which student organizations seeking Senate approval for the placement of their Special Fee request on the ballot in the Association general election shall submit their budgets for the following fiscal year to the Senate Appropriations Committee, and the date(s) on which the Appropriations Committee may submit such budgets to the Senate for approval. Budgets may not be submitted to the Senate later than eight weeks before the end of Winter Quarter.

2. The Senate Appropriations Committee shall review all Special Fee requests submitted to it in accordance with this schedule, and shall recommend to the Senate whether or not each Special Fee request should be placed on the ballot by the Senate in its original or an amended form, and may recommend that the special fee request be divided.

3. The Appropriations Committee's recommendation to the Senate shall be based on all relevant information, including but not limited to: the reasonableness of the detailed budget submitted by the student organization and the size of its total fee request, a consideration of the organization's other potential sources of income, the value of the services provided to the members of the Association by the organization, and the appropriateness of using Special Fee funds to provide those services.

C. General Fees

1. Eligibility of Student Organizations Applying for General Fee Funds

i. Organizations eligible for General Fee funding shall be the same as those eligible to apply for Special Fees, as provided by these By-Laws. Agencies of the Association applying for General Fee funding must be financially independent from the Association proper. No Association agency which appears as a source of funds to the Association Operating Budget shall be eligible to receive funds from a General Fee.

ii. A non-Association organization which is a subsidiary of, or receives organizational or basic programming funding from, another organization shall be treated as a department of the parent organization, and not an organization in its own right.

iii. The Senate has the right to enforce the limit on the amount of funding an organization can receive by classifying together organizations which have substantially identical purposes or memberships, especially (but not exclusively) in cases where they were originally part of one organization.

2. Allocations and Uses of General Fee Funds

i. No organization may receive funding from more than one Association Board. Board members and officers should offer their expertise to other Boards whenever needed for the purpose of evaluating requests for funding.

ii. The maximum amount of General Fee funding which may be received by an organization during a fiscal year is $8000.

iii. Any organization which receives more than $6000 from any one General Fee during a fiscal year must either place a Special Fee request on the ballot for the following fiscal year, or successfully obtain a valid petition of ten percent of the members of the Association towards that end, in order to be eligible to receive General Fee funding for the following fiscal year. If such an organization successfully obtains a valid petition of ten percent of the members of the Association for its Special Fee request, but that Special Fee request does not appear on the ballot, that organization shall be eligible to receive a maximum of $6000 from any one General Fee for the following fiscal year.

iv. An organization whose Special Fee request fails to be approved by the members of the Association shall be eligible to receive no more than 80 per cent of its net fee request or $8000 (of which no more than $6000 may be received from any one General Fee), whichever is less, during the fiscal year for which the Fee was requested.

3. Authorizing Existing General Fees

i. No later than the second regularly scheduled meeting of Winter quarter, the Appropriations Committee must give notice of legislation listing the base amount and the statement of purpose of each existing General Fee, and the percentages by which they may be changed in the coming General Election.

ii. The percentages must consist of a list of two to five numbers in the form "0%, +/- 10%, +/- 15%(c), [[alpha]][[nu]]d u[[upsilon]][[sigma]][[tau]] [[iota]][[nu]][[chi]][[lambda]][[upsilon]]d[[epsilon]] 0% [[alpha]][[nu]]d +/- 10%. [[Delta]][[iota]][[phi]][[phi]][[epsilon]][[rho]][[epsilon]][[nu]][[tau]] [[Gamma]][[epsilon]][[nu]][[epsilon]][[rho]][[alpha]][[lambda]] [[Phi]][[epsilon]][[epsilon]][[sigma]] u[[alpha]][[psi]] [[eta]][[alpha]][[??]][[epsilon]] d[[iota]][[phi]][[phi]][[epsilon]][[rho]][[epsilon]][[nu]][[tau]] [[pi]][[epsilon]][[rho]][[chi]][[epsilon]][[nu]][[tau]][[alpha]][[gamma]][[epsilon]][[sigma]].

iii. If this legislation is not passed by the last regularly-scheduled meeting of Winter quarter, the percentages from the previous year will be used.

iv. In applying each Fee's percentage to its base amount, the Elections Commission must round to the nearest whole dollar. These dollar amounts are the options for setting the amount/ of each General Fee.

4. Proposals to Create, Abolish, or Make Large Modifications in General Fees

i. Proposals to create a new General Fee or to make a modification to the base amount of an existing General Fee must include a proposed base amount and statement of purpose. Proposals to abolish a General Fee need only specify which fee to abolish.

ii. Substantive changes to the statement of purpose must be approved in the same manner as a change in base amount.

iii. Proposals may be linked; for instance, the creation of one General Fee may be linked to the reduction in base amount of another General Fee. Linked proposals are voted on as a unit. The Senate must assign a descriptive title to each linked proposal.

5. Annual Allocations

i. Any Board which makes allocation recommendations one year for the following year's General Fee must complete such recommendations by the end of Winter quarter. No member of or body of the Senate may then publicize any further recommendations or intended recommendations from the beginning of Spring quarter until after the Spring general election is over.

ii. In making those recommendations, the Board should assume that the size of the General Fee will not change, and report out allocations with a sum corresponding to the annual allocations from that Fee in the current fiscal year, unless the Senate instructs the Board otherwise. The Board may entertain applications from organizations seeking Special Fees, and will give them the same scrutiny it would give non-Special Fee groups. However, it should report them out separately and not include their potential allocations in the sum.

iii. No later than the first regularly-scheduled meeting of Spring quarter, the Senate will approve an overall budget for each General Fee. This budget will delineate categories of expenditure, including but not limited to: a fixed amount for the operating expenses of the Board allocating the Fee; a fixed Fee refund rate and amount; various funds for disbursement, as defined in the Board's By-Laws discretionary funds, if any, must be specified as a minimum percentage of the net amount of the Fee); and allowance for transfers from the Fee's Budget reserve. The budget must add up to the base amount of the Fee. General Fee refunds must be calculated in the same manner as Special Fee refund rates, unless otherwise specified by the Senate. The overall budget may not be amended after the Spring General election, except by a two-thirds vote of the membership of the Senate.

iv. At the meeting when the Spring election results are certified, or no later than the next regularly-scheduled meeting, the Senate must approve budgets for the following fiscal year, including any allocations to student groups, for the Boards administering General Fees. The proposed allocations must be made available to all members of the Senate at least 96 hours prior to the commencement of the Senate meeting at which they will be considered.

6. Minimum Amount of General Fees

The minimum amount for any General Fee, reflecting the level below which it is administratively impractical to collect a Fee, is $4000. The limit that applies to all General Fees in a given election is that limit in effect at the opening of polls of the election. However, if a General Fee drops below the limit one year, it must rise above the same limit in the next year in order not to be abolished, regardless of any subsequent changes in the limit.

7. General Fee Budget Reserve Funds

i. For each General Fee, a General Fee Budget Reserve Fund must be maintained as a distinct account within the Students' Organizations Fund. At the close of each fiscal year, any excess of income over expenditures must be credited to, or any excess of expenditures over income must be charged to, that Fee's Budget Reserve Fund. Expenditures are defined as those funds actually disbursed from the Board's accounts with the Students' Organizations Fund by the close of the fiscal year, plus any funds due an individual or organization for expenses previously incurred in accordance with an allocation or within the operating budget of the Board, and the existence of which is known to the Director of the at Board at the close of the fiscal year.

ii. The Senate will enact a Financial Policy specifying the target level of the Budget Reserve for each General Fee. When approving the overall budget of a General Fee, the Senate must supplement or offset the income from the Fee with transfers from or to that Fee's Budget Reserve, in order to bring the level of the Budget Reserve to its target.

iii. Any funds allocated by a Board disbursing General Fee funds which are not expended in accordance with the original allocation, and which are subsequently recovered by that Board after the close of the fiscal year in which they were originally allocated, must be credited to that Board's General Fee Budget Reserve Fund.

iv. Expenditures of funds from a General Fee Budget Reserve Fund may be made only through the budget of the appropriate Board authorized in these By-Laws to receive funds from that General Fee. All expenditures of funds from a Budget Reserve Fund (including the adoption of any budget or subsequent budget modification which requires such an expenditure) must be approved by a two-thirds vote of the Senate.

8. The amounts allocated to each Board and/or fund shall be treated as separate Fees for the purpose of granting refunds.

[...]

D. Special Buffer Fund

The Financial Manager shall draft the collection schedule such that the balance of the Special Buffer Fund is maintained at approximately 2% of the total amount being disbursed through the distribution schedule.

E. Enforcement

The Financial Manager is hereby instructed and empowered to ensure that all requirements pertaining to funds derived from General and Special Fees contained in the Constitution, these By-Laws, and Funding Policies enacted by the Senate are strictly enforced.

That the base amount of the Program Board General Fee shall be set to $140,400,

That the base amount of the Community Service General Fee shall be set to $94,500,

That the base amount of the Publications Board General Fee shall be set to $37,800,

That these base amount shall not be adjusted for inflation for the 1995 spring general election,

That a special election shall be called to be held on Wednesday January 25, 1994 and Thursday January 26, 1994,

That the preceding amendments and general fee changes shall be placed on that ballot, as one item entitled "The Balanced Funding Deal."