BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 844|
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THIRD READING
Bill No: AB 844
Author: Lara (D)
Amended: 6/29/11 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 7-2, 6/22/11
AYES: Lowenthal, Alquist, Hancock, Liu, Price, Simitian,
Vargas
NOES: Blakeslee, Huff
NO VOTE RECORDED: Runner, Vacancy
SENATE APPROPRIATIONS COMMITTEE : 6-0, 8/15/11
AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
NO VOTE RECORDED: Walters, Emmerson, Runner
ASSEMBLY FLOOR : 49-25, 5/12/11 - See last page for vote
SUBJECT : Student government
SOURCE : Author
DIGEST : This bill authorizes any student, including a
person without lawful immigration status or AB 540
students, to serve in any capacity in student government
and to receive any grant, scholarship, fee waiver, or
reimbursement for expenses at the California State
University and the California Community Colleges,
consistent with federal law, and requests the University of
California to comply with these same provisions.
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ANALYSIS : Existing law, established by AB 540
(Firebaugh), Chapter 814, Statutes of 2001, exempts
specified California nonresidents from paying nonresident
tuition at the University of California (UC), California
State University (CSU) and the California Community
Colleges (CCCs) if they meet all of the following:
1. Attended a California high school for three or more
years.
2. Graduated from a California high school or attained an
equivalent degree.
3. Registered or attended an accredited California higher
education institution not before fall of the 2001-02
academic year.
4. Filed an affidavit, if an alien without lawful
immigration status, stating that the student has filed
an application to legalize their immigration status or
will file such an application as soon as they are
eligible to so do.
Existing law requires the local governing board of each
community college district to include one or more nonvoting
students within the membership of the board. Among other
things, existing law requires that these student members be
residents of California, as defined. Existing law entitles
the nonvoting student members of the board to mileage
reimbursement, but specifically prohibits their receipt of
compensation.
This bill:
1. Authorizes any student, including a person without
lawful immigration status or AB 540 students, to:
A. Serve in any capacity in student government.
B. Receive any grant, scholarship, fee waiver, or
reimbursement for expenses incurred connected with
that service, to the full extent consistent with
federal law.
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2. Requests that the UC comply with #1.
3. Finds and declares that Section 66016.3 of the Education
Code is a state law within the meaning of subsection (d)
of section 1621 of the United States Code (USC).
4. Specifies that if a state court finds that Section
66016.3, or any similar provision adopted by the Regents
of the UC, is unlawful, the court may order, as
equitable relief, that the administering entity that is
the subject of the lawsuit terminate any waiver awarded
under that statute or provision, but no money damages,
tuition refund or waiver, or other retroactive relief
may be awarded.
5. Specifies that in any action in which the court finds
that Section 66016.3, or any similar provision adopted
by the Regents of the UC, is unlawful, the CCC, the CSU,
and the UC are immune from the imposition of any award
of money damages, tuition refund or waiver, or other
retroactive relief.
6. Deletes the requirement that a nonvoting student member
of a local community college governing board be a
resident of California.
Comments
Further clarification . The Senate Education Committee has
considered several bills which have attempted to address
issues of concern for undocumented students exempt from
non-resident tuition at California's public postsecondary
institutions. Whereas similar bills have focused their
provisions on addressing issues that affect undocumented
students attending California public institutions under the
provisions of AB 540, the provisions of this bill apply to
all undocumented students who may be attending a UC, CSU or
CCC. Additionally, this bill extends the ability to serve
as a student leader and receive related funds to any
student. In essence, this bill establishes that status as
a student, rather than state or country of origin, entitles
any student to serve in a student leadership position in
the student community from which they derive.
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Relevant Federal Law
Federal law (USC Title 8, Section 1621) provides that
individuals without legal immigration status are ineligible
for any state or local public benefit with specified
exemptions related to emergency and disaster situations.
States are authorized to provide a benefit for which the
individual would otherwise be ineligible through the
enactment of a state law which affirmatively provides for
such eligibility.
Federal law (USC Title 8, Section 1623) provides that
undocumented individuals are ineligible to receive a
benefit based upon state residence unless a citizen or
national of the United States would be eligible for the
same benefits without regard to their residence.
Federal law (USC Title 8, Section 13234) prohibits the
employment of an undocumented individual.
This bill affirmatively assigns a benefit to an
undocumented student, makes that benefit available to all
citizens, regardless of their residence, and limits the
benefit to a grant, scholarship, fee waiver, or
reimbursement for expenses related to service as a student
leader.
Legal consequences ? This bill authorizes the receipt of
grants, scholarships, fee waivers or reimbursement of
expenses for undocumented students that serve in student
leadership positions. Although state law would authorize
such action consistent with federal law, the manner in
which these provisions are implemented by the institutions
will be the basis for determining whether the funds
received are an allowable public benefit or a prohibited
form of compensation. While the legal consequences of the
implementation of this bill's provisions rest with the
public segments, in the past, the Legislature has attempted
to insulate the segments from monetary damages related to
their compliance with state law.
Related Court Activity . In 2005, Martinez v. Regents of
the University of California et al. was filed against the
UC, CSU, and the Board of Governors of the CCCs,
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challenging the legality of AB 540. In October 2006 a
California Superior Court ruled in favor of AB 540 stating
its provisions were in accordance with federal law. In
September 2008 a California Court of Appeal overturned the
Superior Court's ruling in Martinez v. Regents and held
that California state law authorizing in-state tuition to
"illegal aliens" is preempted by federal immigration law
and void. The decision was appealed and in December 2008
the Supreme Court of California agreed to review the case.
In November 2010, the California Supreme Court reversed the
judgment of the Court of Appeal, finding that the
provisions of AB 540 did not violate the federal
immigration law and concluding that the plaintiffs'
remaining challenges to the provisions of AB 540 lacked
merit. Plaintiffs then filed a petition for a writ of
certiorari with the U.S. Supreme Court seeking further
review. On June 6, 2011, the U.S. Supreme Court announced
that it had declined to review the California Supreme
Court's unanimous decision upholding the legality of AB
540.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14
Fund
CCC compensation ----Likely minor ongoing
costs---- Local/General
CSU compensation ----Likely minor ongoing
costs---- Local/General
UC compensation ----Likely minor ongoing
costs---- Local/General
SUPPORT : (Verified 8/17/11)
American Civil Liberties Union
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Asian Law Caucus
Asian Pacific American Law Center
California Immigrant Policy Center
California State Student Association
Community College League of California
Diego Community College District
Glendale Community College District
Hispanic Association of Colleges and Universities
Los Angeles Community College District
Mexican American Legal Defense Education Fund
Peralta Community College District
Rio Hondo Community College District
San Jose-Evergreen Community College District
University of California
University of California Student Association
ARGUMENTS IN SUPPORT : According to the author's office,
despite the gains made to attain equity for all students
regardless of their immigration status, many AB 540
students continue to face obstacles when elected to serve
in student leadership positions. Some schools have
questioned whether these students can serve in student
government positions. In addition, while, California state
colleges and universities fund their student leader
positions, many AB 540 students who serve in these
positions are ineligible for these funds. This bill will
ensure that all students may serve in student government
positions at the public segments of higher education and be
eligible to receive funds associated with their elected
leadership positions to the full extent of the law.
ASSEMBLY FLOOR : 49-25, 5/12/11
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Chesbro, Davis,
Dickinson, Eng, Feuer, Fong, Fuentes, Furutani, Galgiani,
Gatto, Gordon, Hall, Hayashi, Roger Hernández, Hill,
Huber, Hueso, Huffman, Lara, Bonnie Lowenthal, Ma,
Mendoza, Mitchell, Monning, Pan, Perea, V. Manuel Pérez,
Skinner, Solorio, Swanson, Wieckowski, Williams, Yamada,
John A. Pérez
NOES: Bill Berryhill, Conway, Cook, Donnelly, Fletcher,
Beth Gaines, Grove, Hagman, Halderman, Harkey, Jeffries,
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Jones, Knight, Logue, Mansoor, Miller, Morrell, Nestande,
Nielsen, Norby, Olsen, Silva, Smyth, Valadao, Wagner
NO VOTE RECORDED: Achadjian, Cedillo, Garrick, Gorell,
Portantino, Torres
CPM:kc 8/17/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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