BILL ANALYSIS Ó
AB 844
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Date of Hearing: May 3, 2011
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Marty Block, Chair
AB 844 (Lara) - As Amended: April 26, 2011
SUBJECT : Student government: students qualifying for exemption
from nonresident tuition.
SUMMARY : Allows a student who is without lawful immigration
status or exempt from paying nonresident tuition under specified
provisions of law Ýauthorized by AB 540 (Firebaugh), Chapter
814, Statutes of 2001] to serve in student government at the
California State University (CSU) or the California Community
Colleges (CCC) and to receive any grant, scholarship, fee
waiver, or reimbursement for expenses incurred connected with
that service to the full extent consistent with existing law.
EXISTING LAW :
1)Exempts specified California nonresidents from paying
nonresident tuition at the University of California (UC), CSU,
and CCC, also known as the AB 540 nonresident tuition waiver,
if they meet all of the following (Education Code § 68130.5):
a) Attended a California high school for three or more
years;
b) Graduated from a California high school or attained an
equivalent degree;
c) Registered or attended an accredited California higher
education institution beginning after fall of the 2001-02
academic year; and,
d) If an alien without lawful immigration status, have
filed an affidavit stating that the student has filed an
application to legalize his or her immigration status or
will file such an application as soon as he or she is
eligible to so do.
2)Authorizes the establishment of a CSU student body
organization and associated fees. (EC § 89300 et sec)
3)Authorizes the establishment of CCC student body organizations
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and associated fees. (EC § 76060 et sec)
FISCAL EFFECT : Unknown. This bill is tagged nonfiscal by
Legislative Counsel.
COMMENTS : Background : CSU provides funds to support its
student government organizations, including stipends for student
leaders and reimbursement for expenses incurred as part of their
duties. While the CCC Chancellor's Office provides funds to
support its statewide student organizations, it does not pay its
student representatives, and CCC campuses do not pay local
student leaders.
According to CSU officials, the stipend received by Associated
Students, Inc. (ASI) presidents is considered payment for
services, i.e., employment, and the student must be able to
demonstrate his or her legal status and provide a social
security number on the I-9 and the W-2 forms, respectively. CSU
could provide the stipend via a nonwage payment using the 1099
form, but this also requires a social security number and
creates a tax liability for the student.
Fresno State . In November 2010, the Fresno State University ASI
President, Pedro Ramirez, publicly identified himself as an
undocumented student. According to Fresno State President John
Welty, shortly after his election, Mr. Ramirez personally
notified President Welty and ASI advisers about his immigration
status and volunteered to serve without pay as president, since
under federal law he cannot be employed in the United States.
According to newspaper reports, Mr. Ramirez has received a $50
stipend for cellular telephone expenses.
Need for this bill . According to the author, while federal law
prohibits employment of an undocumented student, there is much
more latitude in allowing an undocumented student to be
compensated if the stipend is going to be given as a grant or
scholarship from the campus. The author states, "This bill does
not require a school or university to employ a student leader.
The bill focuses on providing student leaders with a grant or
scholarship, regardless of the student's legal status. Since no
employee-employer relationship is created, schools would have
clarity in how they administer these funds and equity would be
preserved for any student who serves in these positions. Thus,
this bill would allow any student who serves in student
government and is eligible for funds allocated to their position
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to access those funds regardless of their legal status."
Federal law . Several provisions of federal law are relevant to
the issues raised in this bill.
1)Federal law prohibits the employment of undocumented persons.
2)Federal law precludes people who are unlawful residents from
being eligible for state benefits unless the state authority
provides for eligibility of illegal aliens for state and local
public benefits.
3)Federal law requires that a state benefit given for higher
education must be provided equally to citizens.
Thus, while federal law prohibits employment of undocumented
persons, it does allow states to provide public benefits to
persons without legal status, provided the state passes a law
"affirmatively providÝing] for such eligibility." This bill
provides that specific authorization. In fact, the California
Supreme Court recently upheld the constitutionality of AB 540 in
Martinez v. Regents, determining that it complies with (2) and
(3) above.
Legal exposure . The institutions will make the determination as
to whether they classify student government stipends as
employment or benefits for residents, and they will face the
legal ramifications if the federal government disagrees with the
campus's determination, or if its determination is challenged
legally by a third party. It is unclear if CSU would consider
this statute to be consistent with federal law and risk
potential legal exposure.
Why not UC ? UC students who are without legal status can serve
in student government. The author may wish to request UC adopt
a resolution consistent with this policy.
Related legislation . AB 63 (Donnelly), which failed passage in
this Committee on March 29, 2011, would have excluded
undocumented students from the provisions of AB 540. AB 130
(Cedillo) and AB 131 (Cedillo), which were approved by this
Committee on March 15, 2011, would expand eligibility to AB 540
students for private scholarships and state financial aid
programs. AB 130 is pending on the Assembly Floor, and AB 131
is in the Appropriations Committee.
AB 844
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REGISTERED SUPPORT / OPPOSITION :
Support
American Civil Liberties Union
California Community College League
California Immigrant Policy Center
California State Student Association
Hispanic Association of Colleges and Universities
Opposition
None on file.
Analysis Prepared by : Sandra Fried / HIGHER ED. / (916)
319-3960