BILL ANALYSIS Ó
AB 844
Page 1
ASSEMBLY THIRD READING
AB 844 (Lara)
As Amended May 5, 2011
Majority vote
HIGHER EDUCATION 6-3
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|Ayes:|Block, Brownley, Fong, | | |
| |Galgiani, Lara, | | |
| |Portantino | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Donnelly, Achadjian, | | |
| |Miller | | |
| | | | |
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SUMMARY : Allows a student who is without lawful immigration
status or exempt from paying nonresident tuition under specified
provisions of law (authorized 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 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, and requests
the University of California to comply with these provisions.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by
Legislative Counsel.
COMMENTS : In November 2010, the Fresno State University
Associated Students, Inc. (ASI) President, Pedro Ramirez,
publicly identified himself as an undocumented student, and
notified the administration and ASI advisers about his
immigration status. Mr. Ramirez served without pay as
president, since under federal law he cannot be employed in the
United States. According to CSU officials, the stipend received
by ASI presidents is considered payment for services, i.e.,
employment, and the student must be able to demonstrate his or
her legal status.
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
AB 844
Page 2
"affirmatively providÝing] for such eligibility." This bill
provides that specific authorization.
The higher education 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 in
court by a third party.
Analysis Prepared by : Sandra Fried / HIGHER ED. / (916)
319-3960
FN: 0000456