BILL ANALYSIS
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THIRD READING
Bill No: AB 2047
Author: Hernandez (D)
Amended: 4/28/10 in Assembly
Vote: 21
SENATE EDUCATION COMMITTEE : 6-2, 6/30/10
AYES: Romero, Alquist, Hancock, Liu, Price, Simitian
NOES: Huff, Emmerson
NO VOTE RECORDED: Wyland
ASSEMBLY FLOOR : 48-28, 6/3/10 - See last page for vote
SUBJECT : Public postsecondary education: admissions
policies
SOURCE : Author
DIGEST : This bill authorizes the California State
University (CSU) and the University of California (UC) to
consider geographic origin, household income, race, gender,
ethnicity and national origin along with other relevant
factors, in undergraduate and graduate admissions, and
requires the CSU and requests the UC respectively, to
report on the implementation of these provisions to the
Legislature and Governor by November 1, 2012, as specified.
ANALYSIS : Current law declares the Legislature's intent
that, in developing undergraduate and graduate admissions
criteria, the governing boards of the UC and the CSU
develop processes that strive to be fair and easily
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understandable, and consult broadly with California's
diverse ethnic and cultural communities. Current 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:
1. Authorizes the UC and the CSU to consider a variety of
relevant factors to the maximum extent permitted by the
decision of the US Supreme Court in Grutter v. Bollinge
and in conformity with specified provisions of the
United States Constitution, in undergraduate and
graduate admissions decisions including:
Geographic origin
Household income
Race
Gender
Ethnicity
National Origin
2. Requires the CSU Trustees and requests the UC Regents to
report in writing to the Legislature and the Governor by
November 1, 2012 on the implementation of these
provisions and additionally:
A. Requires the report to include information
relative to the number of students admitted
disaggregated by race, gender, ethnicity, national
origin, geographic origin and household income
compared to the prior two years of admission.
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B. Declares the Legislature's intent that the CSU
and the UC use existing data-gathering
methodologies to the greatest extent possible in
preparing the report.
Prior legislation
ACA 23 (Hernandez), 2009-10 Session, exempts public
education institutions from the constitutional prohibitions
established by Proposition 209 for the purposes of
implementing student recruitment and selection programs at
public postsecondary education institutions.
AB 2387 (Firebaugh), 2003-04 Session, would have authorized
the UC and the CSU to consider culture, race, gender,
ethnicity, national origin, geographic origin, and
household income, along with other relevant factors, as
specified, in undergraduate and graduate admissions, so
long as no preference is given. AB 2387 was vetoed by the
Governor whose veto message read, in pertinent part:
The practical implementation of the provisions of this
bill would be contrary to the expressed will of the
people who voted to approve Proposition 209 in 1996.
Therefore, since the provisions of this bill would
likely be ruled as unconstitutional, they would be more
appropriately addressed through a change to the State
Constitution.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee analysis:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
Reporting $150 $150 General
SUPPORT : (Verified 8/16/10)
American Civil Liberties Union
American Federation of State, County and Municipal
Employees
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California Postsecondary Education Commission
California State Student Association
Equal Justice Society
The Greenlining Institute
National Association of Social Workers, California Chapter
OPPOSITION : (Verified 8/16/10)
American Civil Rights Coalition
California Association of Scholars
ARGUMENTS IN SUPPORT : Proponents contend that it is in
the State's interest to develop and maintain the most
diverse and representative body of qualified students as
the associated educational and societal gains help
California be more competitive in a global economy.
ARGUMENTS IN OPPOSITION : Opponents contend that any
statutory effort to require consideration of race in
university admissions violates the California Constitution
and is subjected to legal challenge.
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Bass, Beall, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De
Leon, Eng, Evans, Feuer, Fong, Fuentes, Furutani,
Galgiani, Hall, Hayashi, Hernandez, Hill, Huffman, Jones,
Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, V.
Manuel Perez, Portantino, Ruskin, Saldana, Skinner,
Solorio, Swanson, Torlakson, Torres, Torrico, Yamada,
John A. Perez
NOES: Adams, Anderson, Bill Berryhill, Blakeslee, Conway,
Cook, DeVore, Emmerson, Fletcher, Fuller, Gaines,
Garrick, Gilmore, Hagman, Harkey, Huber, Jeffries,
Knight, Logue, Miller, Nestande, Niello, Nielsen, Norby,
Silva, Smyth, Tran, Villines
NO VOTE RECORDED: Tom Berryhill, Salas, Audra Strickland,
Vacancy
PQ:do 8/16/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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