BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1197|
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THIRD READING
Bill No: AB 1197
Author: Firebaugh (D), et al
Amended: 1/4/00 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 8-5, 7/14/99
AYES: Alpert, Alarcon, Chesbro, Dunn, Hayden, Hughes,
Ortiz, Vasconcellos
NOES: McPherson, Haynes, Knight, Monteith, O'Connell
SENATE APPROPRIATIONS COMMITTEE : 9-4, 8/23/00
AYES: Johnston, Alpert, Bowen, Burton, Escutia, Karnette,
McPherson, Perata, Vasconcellos
NOES: Johnson, Kelley, Leslie, Mountjoy
ASSEMBLY FLOOR : 42-35, 6/4/99 - See last page for vote
SUBJECT : Public postsecondary education: residency
SOURCE : Author
DIGEST : This bill qualifies long-term California
residents, as specified, regardless of citizenship status,
for the lower resident fee payments at the California
Community Colleges and the California State University.
The bill would be applicable to the University of
California, if the Regents so decide.
ANALYSIS : Existing law, generally known as the Uniform
Residency Law, establishes a variety of residency
requirements for students attending a campus of the
CONTINUED
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California Community Colleges or the California State
University. The determination of such residency status is
required in order to assess either resident or non-resident
fees and tuition. The Regents of the University of
California may, by resolution, make these provisions of law
applicable to the University of California (and have
historically done so).
Current law also precludes students who are not in the
United States legally from establishing residency in
California for the purposes of paying resident fees and
tuition. The courts have found this provision of law to be
constitutional, and non-resident tuition is being charged
of undocumented students in California public colleges and
universities.
In addition, notwithstanding Proposition 187 (the
constitutional determination of which is still pending),
neither current law or the courts preclude undocumented
students from enrolling at a California public college or
university; they must nevertheless pay non-resident
tuition.
This bill qualifies long-term California residents, as
specified, regardless of citizenship status, for the lower
resident fee payments at the California Community Colleges
(CCC) and the California State University (CSU). The bill
would be applicable to the University of California (UC),
if the Regents so decide.
The specified criteria that would have to be met by the
student is as follows:
1. The student attended a California high school for at
least three years.
2. The student graduated from a California high school.
3. The student continues his or her education at a
California institution of higher education, within one
year of high school graduation or on or before January
1, 2001.
4. The student must have an application or petition for
lawful immigration status initiated by the student.
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Such a petition or an application may include one in
which a nonresident would be a derivative beneficiary
(in other words, an application or petition filed by a
parent, for example, in which case a student would also
be covered). Documentation may include one of the
following:
A. A copy of such application or petition.
B. Evidence from the Immigration and Naturalization
Service or other governmental agency, including
correspondence, indicating that the individual is in
the process of seeking immigration relief.
C. An affidavit from an attorney that the individual
is in the process of seeking immigration relief.
1. The Regents of the University of California are
requested to implement the provisions as outlined above.
Comments :
Need for the bill. According to the author, many of the
students who would benefit under this measure are children
of parents who have been granted amnesty by the federal
government and are waiting for their own applications for
citizenship to be accepted by the Immigration and
Naturalization Service (INS). The majority of these
students consider California their home and are expected to
become citizens.
For many of these students, the biggest barrier to
attending and enrolling in college is the cost. Under
federal and state law, whether or not they are
undocumented, students, regardless of their academic
achievement or financial need, are not eligible for federal
or state financial aid nor are they eligible to receive
campus-based aid or subsidized student loans.
This measure will help qualified California high school
students, who cannot afford to pay nonresident tuition, to
afford college. While the costs of attending CSU and UC
will still be difficult for many families to meet, this
measure takes a positive step towards ensuring that
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postsecondary education truly is accessible and affordable
for all our state's students.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
Unknown, major costs.
Currently, nonresident tuition at CSU is $8,118 for two
semesters. Resident tuition is $2,856 for two semesters
beginning Fall, 1999. Nonresident tuition at CCCs is
$3,500. Resident tuition is $12.00 per unit.
It is unknown at this time how many students would be
affected by this bill but it appears that between 750 and
1,500 students may enroll in CSU under the provisions of
the bill. For the purposes of estimating some fiscal
impact, 1,125 students paying resident tuition would
generate $3,213,000 annually. The same number of students
paying nonresident tuition would generate $9,132,750 or a
difference of $5,919,750. However, it is highly unlikely
the same number of students would enroll if they were
required to pay the nonresident tuition.
SUPPORT : (Unable to verify at time of writing)
American Civil Liberties Union
California Association for Bilingual Education
California Community Colleges
California Immigrant Welfare Collaborative
California School Boards Association
City of Bell Gardens
Coalition for Humane Immigrant Rights of Los Angeles
Community College League
East Bay Citizenship Network
Estrella Community Development Corporation
Justice and Peace Commission for the Archdiocese of Los
Angeles
Mexican American Legal Defense and Educational Fund
National Center for Youth Law
Public Counsel Law Center
Watts/Center Latino Organization
Numerous individual letters
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OPPOSITION : (Unable to verify at time of writing)
American Civil Responsibilities Union, Inc.
California Coalition for Immigration Reform
Numerous individual letters
ASSEMBLY FLOOR :
AYES: Alquist, Aroner, Bock, Calderon, Cardenas, Cardoza,
Cedillo, Corbett, Correa, Ducheny, Dutra, Firebaugh,
Florez, Floyd, Gallegos, Hertzberg, Honda, Keeley, Knox,
Kuehl, Lempert, Longville, Lowenthal, Machado, Migden,
Papan, Reyes, Romero, Scott, Shelley, Soto, Steinberg,
Strom-Martin, Thomson, Torlakson, Vincent, Washington,
Wesson, Wiggins, Wildman, Wright, Villaraigosa
NOES: Aanestad, Ackerman, Ashburn, Baldwin, Bates, Battin,
Baugh, Brewer, Briggs, Campbell, Cox, Cunneen, Dickerson,
Frusetta, Granlund, Havice, House, Jackson, Kaloogian,
Leach, Leonard, Maddox, Maldonado, Margett, McClintock,
Olberg, Oller, Robert Pacheco, Rod Pacheco, Pescetti,
Runner, Strickland, Thompson, Wayne, Zettel
NC:jk 8/26/00 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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