BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 947
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 947 (Brownley)
          As Introduced  February 26, 2009 
          Majority vote 

           HIGHER EDUCATION    7-2         APPROPRIATIONS      11-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Portantino, Block, Fong,  |Ayes:|De Leon, Ammiano, Charles |
          |     |Galgiani, Huber, Ma,      |     |Calderon, Krekorian,      |
          |     |Ruskin                    |     |Fuentes, Monning,         |
          |     |                          |     |John A. Perez, Price,     |
          |     |                          |     |Skinner, Solorio,         |
          |     |                          |     |Torlakson                 |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Conway, Cook              |Nays:|Nielsen, Duvall, Harkey,  |
          |     |                          |     |Miller, Audra Strickland  |
           ----------------------------------------------------------------- 

           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.  

           FISCAL EFFECT  :  Unknown additional revenue to those CCC  
          districts that elect to charge a capital outlay fee to  
          nonresident students who are U.S. citizens.  (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.)

           COMMENTS  :  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 full-time equivalent students 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  








                                                                  AB 947
                                                                  Page  2


            economic hardship, as defined by the governing board of the  
            CCC district, or persecution in the country in which the  
            student is a citizen.

          4)Requires revenue from the fee to be used for capital outlay,  
            maintenance, and equipment.

          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.  CCC districts are  
          not required to charge a nonresident capital outlay fee; this  
          decision would be made by the local CCC governing board.  


           Analysis Prepared by  :    Sandra Fried / HIGHER ED. / (916)  
          319-3960 
                                                                FN: 0000482