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

          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  

          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  



                                                                      SCA 5

            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  

           SUPPORT  :   (Verified  1/24/14)

          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  
          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  

          PQ:d  1/24/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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