BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 141
                                                                  Page  1

          SENATE THIRD READING
          SB 141 (Correa)
          As Amended  September 6, 2013
          Majority vote

           SENATE VOTE  :35-1  
           
           HIGHER EDUCATION    11-0        APPROPRIATIONS      14-1        
           
           ----------------------------------------------------------------- 
          |Ayes:|Williams, Chávez, Bloom,  |Ayes:|Gatto, Bigelow,           |
          |     |Fong, Levine, Linder,     |     |Bocanegra, Bradford, Ian  |
          |     |Medina, Olsen,            |     |Calderon, Campos, Eggman, |
          |     |Quirk-Silva, Weber, Wilk  |     |Gomez, Hall, Holden,      |
          |     |                          |     |Linder, Pan, Quirk, Weber |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
          SUMMARY  :  Requires the California State University (CSU) and  
          California Community College (CCC) districts, and requests the  
          University of California (UC) exempt from non-resident tuition  
          charges, under specified circumstances, a United States citizen  
          who moved abroad as a result of his/her parent's deportation.   
          Specifically,  this bill :   

          1)Requires the Trustees of the CSU and a CCC district to exempt  
            from non-resident tuition charges a student who is a United  
            States citizen who meets all of the following requirements:

             a)   Demonstrates a financial need for the exemption.

             b)   Has a parent or guardian who has been deported or was  
               permitted to depart voluntarily under the federal  
               Immigration and Nationality Act in accordance with Section  
               1229c of Title 8 of the United States Code.  The student  
               must provide documents from the United States Citizenship  
               and Immigration Services evidencing the deportation or  
               voluntary departure of his or her parent or guardian. 

             c)   Moved abroad as a result of the deportation or voluntary  
               departure.

             d)   Lived in California immediately before moving abroad.   
               The student must provide information and evidence that  
               demonstrates the student previously lived in California.








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             e)   Provides documents that demonstrate attendance at a  
               secondary school in the state for three or more years.

             f)   Will be in his or her first academic year as a  
               matriculated student, will be living in California and  
               intends to establish California residency as soon as  
               possible.

          2)Requests the Regents of the UC to enact regulations and  
            procedures to exempt from nonresident tuition students who  
            meet all of the aforementioned requirements. 

          3)Provides for reimbursement to local agencies and school  
            districts if the Commission on State Mandates determines that  
            this act contains costs mandated by the state. 
           


          FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee:

          1)For every student meeting the requirements of this bill and  
            attending UC, CSU, or CCC at the resident tuition rate, the  
            segments will incur a revenue loss associated with not  
            receiving the additional charge for non-resident tuition from  
            these students. These amounts per full-time student are  
            $22,878 at UC, $11,160 at CSU, and $5,920 at the CCC. The  
            total revenue loss would depend on the number of qualifying  
            students at each segment, which is unknown, but could exceed  
            $150,000 annually.

          2)Notwithstanding the above, it is quite possible that few  
            individuals who would meet the criteria of this bill are  
            currently applying to or attending a UC, CSU, or CCC campus,  
            thus the segments are currently not receiving the nonresident  
            tuition that such individuals would pay. Therefore, the real  
            impact of this bill might be a slight increase in enrollment  
            demand, with its resulting cost pressures, rather than any  
            significant loss of revenue.

          3)Given the likely small number of applicants who would meet the  
            criteria of this bill, implementation and administrative costs  
            for the segments should not be significant. UC, however, has  
            expressed concern with the administrative costs associated  








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            with obtaining and verifying attendance records for students  
            who seek to qualify based in part on their attendance at a  
            California junior high school. (UC requests an amendment  
            requiring the applicant to provide such documentation, which  
            UC indicates is consistent with its existing non-resident  
            tuition policies.)

           COMMENTS  :  
           
          Purpose of this bill  .  According to the author, it is estimated  
          that over 5 million children are living in the U.S. with at  
          least one undocumented parent.  Approximately 75% of these  
          children are U.S. citizens.  When undocumented parents are  
          deported, their U.S. born children are often forced to move  
          abroad.  As a result, these children lose their state residency,  
          and with it, affordable access to California institutions of  
          higher learning.  This bill would restore affordable access to  
          California resident tuition for children forced to live abroad  
          as a result of their parent's deportation.      


           Analysis Prepared by  :    Laura Metune / HIGHER ED. / (916)  
          319-3960 


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