BILL ANALYSIS Ó
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THIRD READING
Bill No: SCA 5
Author: Hernandez (D), et al.
Amended: 5/30/13
Vote: 27
SENATE EDUCATION COMMITTEE : 7-2, 7/3/13
AYES: Liu, Block, Correa, Hancock, Hueso, Monning, Torres
NOES: Wyland, Huff
SENATE ELECTIONS & CONSTITUTIONAL AMEND. COMM. : 4-1, 8/20/13
AYES: Torres, Hancock, Padilla, Yee
NOES: Anderson
SENATE APPROPRIATIONS COMMITTEE : 5-1, 1/23/14
AYES: De León, Hill, Lara, Padilla, Steinberg
NOES: Gaines
NO VOTE RECORDED: Walters
SUBJECT : Public Education Student Recruitment and Selection
SOURCE : Author
DIGEST : This bill proposes a constitutional amendment to be
placed before the voters that deletes provisions implemented
through the enactment of Proposition 209 that prohibit the state
from granting preferential treatment to individuals or groups on
the basis of race, sex, color, ethnicity, or national origin, in
the operation of public education.
ANALYSIS : Existing law declares the Legislature's intent
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that, in developing undergraduate and graduate admissions
criteria, the governing boards of the University of California
(UC) and the California State University (CSU) develop processes
that strive to be fair and easily understandable, and consult
broadly with California's diverse ethnic and cultural
communities. Existing 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, proposes to place before the voters an amendment to
the California Constitution that:
1. Deletes the specific provisions implemented through the
enactment of Proposition 209 that prohibit the State from
granting preferential treatment to individuals or groups on
the basis of race, sex, color, ethnicity, or national origin,
in the operation of public education.
2. Deletes the UC and the public school system from the
definition of the "state" under Section 31of Article 31,
thereby repealing the application of the provisions of
Proposition 209 to those entities.
3. Makes a number of nonsubstantive technical changes.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
One-time ballot printing and mailing costs of approximately
$198,000 - $264,000 (General Fund) depending on the number of
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pages and based on an estimated cost per page of $66,000.
Cost pressure: If the constitutional amendment is passed by
voters, there will likely be pressure for the UC and CSU to
change their admissions policies. Reviewing and revising
admissions policies could incur significant costs to the
segments.
SUPPORT : (Verified 1/24/14)
AFSCME
American Association of University Women
Association of California Healthcare Districts
Bassett Teachers Association
California Academy of Physician Assistants
California Association for Nurse Practitioners
California Black Chamber of Commerce
California Black Health Network
California Communities United Institute
California Hospital Association
California Medical Association
California Nurses Association
California Pan-Ethnic Health Network
California Pharmacists Association
California Primary Care Association
California State Student Association
California Teachers Association
Equal Justice Society
Equality California
Health Access California
Hispanic Association of Colleges and Universities
Lawyers' Committee for Civil Rights of the San Francisco Bay
Area
Medical Oncology Association of Southern California, Inc.
People Improving Communities through Organizing
Public Advocates
The Greenlining Institute
University of California Student Association
Western Center on Law and Poverty
OPPOSITION : (Verified 1/24/14)
American Civil Rights Coalition
ARGUMENTS IN SUPPORT : According to the author's office,
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immediately following the November 1996 passage of Proposition
209, there was a significant drop in the percentage of enrolled
minority students at both the UC and the CSU. The author's
office is concerned that, in spite of new eligibility
requirements and admissions initiative which have helped to
restore the numbers of some underrepresented students, the
proportion of underrepresented students eligible for UC and CSU
has not kept pace with the proportion of the high school
graduating class that they now represent.
ARGUMENTS IN OPPOSITION : American Civil Rights Coalition
writes, "In 1996 the people of California voted overwhelmingly
to end race preferences in public employment, public
contracting, and public education. They voted to raise the bar
on Constitutional protections against discrimination by bringing
the 1964 Civil Rights Act to our state. In the 17 years Prop
209 has been in effect, California has led the way towards
color-blind government and increased graduation rates in Higher
Education by using race and gender neutral policies. Now SCA 5
seeks to roll back the clock to an era of race conscious
policies that treat students differently based on their race or
ethnicity."
PQ:d 1/24/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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