BILL ANALYSIS
AB 947
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Date of Hearing: April 21, 2009
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Anthony Portantino, Chair
AB 947 (Brownley) - As Introduced: February 26, 2009
SUBJECT : Community colleges: nonresident tuition: foreign
citizens
SUMMARY : Allows California Community College (CCC) districts
to charge nonresident students who are United States (U.S.)
citizens capital outlay fees as specified in existing law.
EXISTING LAW :
1)Allows a CCC district to charge a nonresident tuition fee to
nonresident students, with certain exceptions, and requires
the fee to be set according to a formula that divides the
expense of education in the CCC district by the number of
full-time equivalent students (FTES) attending the CCC
district in the preceding year.
2)Allows CCC districts to charge a capital outlay fee in
addition to the nonresident tuition fee to nonresident
students who are both citizens and residents of a foreign
country as specified.
FISCAL EFFECT : Unknown
COMMENTS : Background : In 1991, existing law was enacted to
allow CCC districts to charge nonresident foreign students for
capital outlay fees, as follows:
1)The amount shall not exceed the amount that was spent by the
CCC district for capital outlay in the preceding fiscal year
divided by the total FTES of the CCC district in the preceding
year.
2)The fee shall not exceed 50% of the nonresident tuition fee.
3)Exempts from paying the fee any student who can demonstrate
economic hardship, as defined by the governing board of the
CCC district, or persecution in the country in which the
student is a citizen.
AB 947
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4)Requires revenue from the fee to be used for capital outlay,
maintenance, and equipment.
Resident students, including those who pay resident fees under
AB 540 (Firebaugh), Chapter 814, Statutes of 2001, are not
charged capital outlay fees because they are assumed to have
contributed through their payment of state and local taxes.
Purpose of this bill : According to the author, this bill would
address an inequity in current law. Resident students
theoretically support capital improvements through their taxes,
and current law allows CCC districts to charge foreign students
nonresident fees for capital outlay; however, nonresident
students who are U.S. citizens do not pay capital outlay fees,
even though they use the facilities in the same way as resident
and foreign students.
Current practice : CCC districts are not required to charge a
nonresident capital outlay fee; this is a decision that is made
by the local CCC governing board. According to the CCC
Chancellor's Office, 35 of the 108 CCC districts charge a
capital outlay fee to foreign nonresident students. The average
fee amount is $8 per unit, ranging from $5 per unit to $50 per
unit.
REGISTERED SUPPORT / OPPOSITION :
Support
Long Beach City College
Santa Monica College
Opposition
None on file.
Analysis Prepared by : Sandra Fried / HIGHER ED. / (916)
319-3960