BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SCA 5| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SCA 5 Author: Hernandez (D), et al. Amended: 5/30/13 Vote: 27 SENATE EDUCATION COMMITTEE : 7-2, 7/3/13 AYES: Liu, Block, Correa, Hancock, Hueso, Monning, Torres NOES: Wyland, Huff SENATE ELECTIONS & CONSTITUTIONAL AMEND. COMM. : 4-1, 8/20/13 AYES: Torres, Hancock, Padilla, Yee NOES: Anderson SENATE APPROPRIATIONS COMMITTEE : 5-1, 1/23/14 AYES: De León, Hill, Lara, Padilla, Steinberg NOES: Gaines NO VOTE RECORDED: Walters SUBJECT : Public Education Student Recruitment and Selection SOURCE : Author DIGEST : This bill proposes a constitutional amendment to be placed before the voters that deletes provisions implemented through the enactment of Proposition 209 that prohibit the state from granting preferential treatment to individuals or groups on the basis of race, sex, color, ethnicity, or national origin, in the operation of public education. ANALYSIS : Existing law declares the Legislature's intent CONTINUED SCA 5 Page 2 that, in developing undergraduate and graduate admissions criteria, the governing boards of the University of California (UC) and the California State University (CSU) develop processes that strive to be fair and easily understandable, and consult broadly with California's diverse ethnic and cultural communities. Existing law authorizes the intent of the Legislature that the UC and the CSU seek to enroll a student body that meets high academic standards and reflects the cultural, racial, geographic, economic, and social diversity of California. Section 31 of Article I of the California Constitution prohibits the state from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. This section of the Constitution was adopted at a statewide General Election on November 5, 1996, in which the voters approved Proposition 209, an initiative constitutional amendment. This bill, proposes to place before the voters an amendment to the California Constitution that: 1. Deletes the specific provisions implemented through the enactment of Proposition 209 that prohibit the State from granting preferential treatment to individuals or groups on the basis of race, sex, color, ethnicity, or national origin, in the operation of public education. 2. Deletes the UC and the public school system from the definition of the "state" under Section 31of Article 31, thereby repealing the application of the provisions of Proposition 209 to those entities. 3. Makes a number of nonsubstantive technical changes. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee: One-time ballot printing and mailing costs of approximately $198,000 - $264,000 (General Fund) depending on the number of CONTINUED SCA 5 Page 3 pages and based on an estimated cost per page of $66,000. Cost pressure: If the constitutional amendment is passed by voters, there will likely be pressure for the UC and CSU to change their admissions policies. Reviewing and revising admissions policies could incur significant costs to the segments. SUPPORT : (Verified 1/24/14) AFSCME American Association of University Women Association of California Healthcare Districts Bassett Teachers Association California Academy of Physician Assistants California Association for Nurse Practitioners California Black Chamber of Commerce California Black Health Network California Communities United Institute California Hospital Association California Medical Association California Nurses Association California Pan-Ethnic Health Network California Pharmacists Association California Primary Care Association California State Student Association California Teachers Association Equal Justice Society Equality California Health Access California Hispanic Association of Colleges and Universities Lawyers' Committee for Civil Rights of the San Francisco Bay Area Medical Oncology Association of Southern California, Inc. People Improving Communities through Organizing Public Advocates The Greenlining Institute University of California Student Association Western Center on Law and Poverty OPPOSITION : (Verified 1/24/14) American Civil Rights Coalition ARGUMENTS IN SUPPORT : According to the author's office, CONTINUED SCA 5 Page 4 immediately following the November 1996 passage of Proposition 209, there was a significant drop in the percentage of enrolled minority students at both the UC and the CSU. The author's office is concerned that, in spite of new eligibility requirements and admissions initiative which have helped to restore the numbers of some underrepresented students, the proportion of underrepresented students eligible for UC and CSU has not kept pace with the proportion of the high school graduating class that they now represent. ARGUMENTS IN OPPOSITION : American Civil Rights Coalition writes, "In 1996 the people of California voted overwhelmingly to end race preferences in public employment, public contracting, and public education. They voted to raise the bar on Constitutional protections against discrimination by bringing the 1964 Civil Rights Act to our state. In the 17 years Prop 209 has been in effect, California has led the way towards color-blind government and increased graduation rates in Higher Education by using race and gender neutral policies. Now SCA 5 seeks to roll back the clock to an era of race conscious policies that treat students differently based on their race or ethnicity." PQ:d 1/24/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED