Bill Summary for Bill Number SB12-015

Date: 04/23/2012

Final
BILL SUMMARY for SB12-015

HOUSE COMMITTEE ON EDUCATION

Votes: View-->	Action Taken:
Refer Senate Bill 12-015 to the House Committee on Refer Senate Bill 12-015 to the House Committee on	FAIL PASS

05:03 PM -- Senate Bill 12-015

Representative Duran and Representative A. Williams, co-prime sponsors of Senate Bill 12-015, presented the bill. The bill creates a new tuition classification of students at state-supported institutions of higher education: "standard-rate student for tuition purposes." A student meeting the following criteria is eligible for classification as standard-rate student:

• the student attended high school in the state for at least three years immediately preceding graduation or earning a general educational development equivalent degree (GED); and
• the student is admitted to an institution of higher education within 12 months following graduation or earning a GED.

A student who has graduated from high school and has not been admitted to college within one year following graduation, but who otherwise satisfies the requirements in the bill, may be classified as a standard-rate student beginning with the 2012-13 academic year. This provision of the bill is repealed effective July 1, 2013.

The bill requires a student who does not have documentation of lawful immigration or nationality status, and applies for classification as a standard-rate student, to file an affidavit with the institution of higher education stating that he or she has applied for lawful status, or will file an application as soon as he or she is eligible to do so.

A student who is classified as a standard-rate student for tuition purposes is not eligible to receive stipends from the College Opportunity Fund (COF) or to receive state-funded, need-based financial aid. Such students shall not be counted as residents or deemed to have established domicile based on the new tuition classification.

The governing board of any institution of higher education may adopt a policy stating that the institution will not offer the standard-rate tuition classification.

The following persons testified:

05:15 PM -- Joseph Garcia, Lieutenant Governor of Colorado and Executive Director of the Colorado Department of Higher Education (DHE), testified in support of the bill. Lt. Governor Garcia stated that he has had conversations with teachers about exceptional students they have in their classrooms who want to go to college, but are unable to move forward. He stated that the members of the Governor's education council are in support of the bill. He stated that many states have seen the practicality of this type of legislation. He said that the bill will allow Colorado's higher education institutions to get about one-third more in tuition revenue than from in-state students, and that institutions have the choice of whether or not to accept students at this tuition rate. He stated that the students under the bill's provisions will not have access to state or federal student aid. He added that the bill takes no resources away, but provides a path forward for students and for Colorado. He concluded by saying that the long term success of this state depends on our commitment to providing educational opportunities. Lt. Governor Garcia responded to questions from the committee.

05:27 PM -- Michael Hancock, Mayor of the City and County of Denver, testified in support of the bill. Mayor Hancock stated that he wants to extend the Colorado promise to undocumented students in the state. He stated that we must provide students with the education they need to succeed in the global economy. He stated that the bill will not use a single taxpayer dollar, but that it will add to the state's overall economy and tax base. He stated that the bill will help reduce dropout rates, and that the bill is the right kind of incentive that should be provided to students in Colorado. He added that the future of Denver and of cities across the state depend on this bill.

05:31 PM -- Hereford Percy, Chairman of the Colorado Commission on Higher Education (CCHE), testified in support of the bill. Mr. Percy stated that CCHE feels strongly that the bill will provide much needed revenue to higher education. He stated that the bill furthers Colorado's economy and that the bill makes financial sense. He provided a handout to the committee (Attachment D).

05:34 PM -- Judi Diaz Bonaquisti, representing Metropolitan State College of Denver, testified in support of the bill. Ms. Bonaquisti stated that Colorado has already invested in these students' K-12 education and that they are anxious to continue their education. She said that Colorado is falling short in the degree attainment needed to meet future workforce demand projections. She added that the bill may have positive impacts in the rural areas of the state.

Committee discussion with Mr. Percy and Ms. Bonaquisti ensued.

05:45 PM -- Claudia Trejo, representing herself, testified in support of the bill. Ms. Trejo discussed her own experience of coming to the United States and her experience in school. She discussed the situation of her sister, who has received good grades throughout school, but has become discouraged because she does not see that her efforts will take her any further in her education. Ms. Trejo added that the bill will give students like her the opportunity to pay affordable tuition.

05:52 PM -- Alex Cranberg, representing himself, testified in support of the bill. Mr. Cranberg stated that he has been interested in this topic since his time as a member of the Board of Trustees at Metropolitan State College of Denver. He stated that the bill stands for the things that the Republican party stands for: limited government, opportunity, and personal empowerment. He stated that this bill is not intended to allow subsidized education, but allows people to get a higher education for what it costs. He stated that he objects to the very high levels of out-of-state tuition. He stated that higher tuition rates should not be used to penalize immigrants and that they are already in a uniquely disadvantaged position because they are not eligible for state and federal financial assistance. He added that we need more young people in the workforce to help pay for social security, and to contribute to the tax base. Mr. Cranberg responded to committee questions.

06:02 PM -- Bill Vidal, President of the Hispanic Chamber of Commerce of Metro Denver, testified in support of the bill. Mr. Vidal stated that on behalf of the chamber's 2,500 business members, he is testifying in support of the bill. He discussed the investment made in K-12 education for these students, saying it is about $50,000 to $70,000 per student. He stated that these students have completed high school and are academically ready to attend college. He stated that the decision to come to the U.S. was not made by these students, but rather by their parents, and that these kids' lives should not be held in limbo until the national immigration issues are resolved. He discussed his own immigration story, noting that his parents sent him to the U.S. without his input. He reiterated that these kids did not commit the crime of coming here.

06:07 PM -- Ralph Nagel, representing himself as a business man, testified in support of the bill. He discussed his time of service with the CCHE. He stated that the bill is a compromise.

06:10 PM -- Arturo Torres, representing himself, testified in support of the bill. Mr. Torres gave an account of his experience in school. He described his efforts to apply for scholarships and the challenges he faced due to his undocumented status. He stated that he had almost given up on attending college, and then he discovered the concurrent enrollment program. He stated that the concurrent enrollment program is his only option to furthering his education, and that when the program ends, he is on his own. He added that the bill will allow students to pay a more feasible rate of tuition. Mr. Torres responded to questions from the committee.

06:18 PM -- Dorian De Long, representing himself, testified in support of the bill. Mr. De Long stated that he is a high school civics teacher. He discussed the students who would benefit under the provisions of the bill. He added that students are leaving Colorado to pursue higher education and that those states are benefitting from Colorado's investment in the students' K-12 education.

06:22 PM -- John Harold, representing himself, testified in support of the bill. He discussed his occupation of farming in the U.S. and in Mexico. He discussed the school that his grandchildren attend in Mexico. He responded to an earlier question from Representative Summers about where undocumented students will be employed once they graduate. He discussed the possibility of these students returning to their country and taking the values that they have learned in the U.S. to help overcome the obstacles their country faces. He added that we should educate everyone that we possibly can so that those values will transfer to other countries.

06:25 PM -- Luis Colon, representing himself, testified in support of the bill. He stated that the bill will result in opportunities for these students that are being denied currently. He stated that these are homegrown kids who have done well in school and are now being left to fend for themselves in an increasingly competitive world. He stated that the bill will help create a more educated workforce and help to address the Colorado paradox.

06:29 PM -- Tim Taylor, President of Colorado Succeeds, testified in support of the bill. Mr. Taylor stated that a well-educated populous is needed and that many immigrants are unable to pursue higher education. He added that if this issue is not addressed, other states will steal away our talent. Mr. Taylor responded to questions from the committee.

06:34 PM -- Gary Frantz, representing himself and the Colorado School Counselor Association, testified in support of the bill. Mr. Frantz discussed the demographics of the school where he is a counselor, noting the conversations he has had with students about continuing their education and the costs to do so. He stated that documented students who sit next to undocumented students are impacted as well; they do not understand why their friend is not able to attend college after working so hard. He added that educators tell students that their education is their ticket, but for the students to keep working hard they have to have motivation. He concluded by saying that we must have a policy that helps undocumented students go to college.

06:40 PM -- Chris Bray, representing himself as a small business owner, testified in support of the bill. Mr. Bray stated that, as a conservative, he feels strongly about this issue, which is an issue of business, to him. He stated that year after year, the government takes from taxpayers money to pay for education. He said that what bothers him is that the state does not want to finish the job of educating these students. He stated that he wants the government to finish the job of educating students and to be good stewards of his tax money. He added that to take the money for K-12 education and then not finish the job by providing a way for these students to attend college is wasteful.

06:46 PM -- Pastor Paul Carlson, representing himself as a member of the clergy in Denver and speaking from the convictions of faith and from the members of his congregation, testified in support of the bill. Pastor Carlson stated that this bill is about supporting young people who have worked hard. He stated that those the bill impacts are assets to our state because they are bicultural and bilingual. He stated that these young people are exceptional and that they have overcome numerous obstacles, and that what they seek now is equality.

06:52 PM -- Barbara McDonnell, representing the Colorado Community College System (CCCS), testified in support of the bill. Ms. McDonnell stated that this bill will help some very talented and outstanding students. She added that it would be a great benefit to Colorado if more students could complete their education.

06:54 PM -- Kayla McGannon, representing Stand for Children Colorado, testified in support of the bill. Ms. McGannon stated that as a state, we have the chance to send a strong message that we are willing to support those who are willing to work for it. She stated that Colorado has already invested considerable resources in K-12 education and that this bill will lower the barriers to pursuit of a higher education degree. She stated that the bill does not take away all of the barriers; these students are still not eligible for in-state tuition, or state and federal financial assistance. She said that the bill does bring their dreams more within reach and creates incentives for students for staying in school. Ms. McGannon responded to questions from the committee.

07:02 PM -- Barbara Kelly, representing herself, testified in support of the bill. Ms. Kelly stated that Colorado ranks as number 32 in the nation for sending high school graduates to college. She discussed the amount of tuition that undocumented students will pay under the bill, adding that the bill is not a gift to the undocumented student and that they will still not be eligible for state and federal aid.

07:05 PM -- Luis Torres, representing the Colorado Latino Forum, testified in support of the bill. He stated that the bill will broaden access to higher education and that the bill is a much needed step toward increasing college degree attainment in Colorado. He stated that the largest growing ethnic group, Hispanics, is the group that is furthest behind in degree attainment. He stated that Colorado is one of the bottom two states in closing the attainment gap. He stated that a key provision of the bill is that an institution may opt out. Mr. Torres responded to questions from the committee.

07:11 PM

Representative Duran stated that many students are present who are in support of the bill and asked them to stand and be acknowledged.

07:13 PM -- John Brick, representing the Colorado Alliance for Immigration Reform, testified in opposition to the bill. Mr. Brick stated that the bill is special interest legislation and that it will not help the economy because it displaces legal workers with lower-paid non-legal workers. He stated that the bill will not come at no cost to taxpayers, because it subsidizes tuition for these students. He added that the bill allows illegal immigrants to compete with legal workers and citizens. Mr. Brick responded to questions from the committee.

07:19 PM -- Gray Burkley, representing himself as a citizen of Colorado, testified in opposition to the bill. Mr. Burkley stated that the bill sets up a special classification of people and that the bill is disrespectful to the constitution. He stated that he thinks the bill has good intentions, but that key persons are missing from the conversation -- Colorado's congressional delegation. He added that on the one hand he thinks that we should stick a fork in the issue and do it correctly next session, but on the other side he believes that something needs to be done now.

07:23 PM -- Robert Hardaway, representing himself as a constitutional law professor, testified on the bill. Mr. Hardaway provided Attachment E to the committee members. Mr. Hardaway stated that he is not really in opposition to the bill, but he wants to be certain that sate law aligns with federal law. He discussed his handout, saying that a statute passed by Congress says that the states are permitted to give educational benefits to illegal immigrants as long as those same educational benefits are extended to legal immigrants and U.S. citizens, including out-of-state U.S. citizens. He urged that the bill be amended. Mr. Hardaway responded to questions from the committee.

07:35 PM -- Anil Mathai, representing himself, testified in opposition to the bill. Mr. Mathai stated that the bill rewards those who live here illegally and reinforces the fact that certain laws will not be enforced. He discussed his experience going to other countries and gave his personal immigration story. He added that we must stand by our laws.

07:43 PM -- Marisol Mathai, representing herself, testified in opposition to the bill. She stated that she cannot support illegal actions and proposed that the bill be amended to allow the provisions of the legislation to apply only to those who want to become legal citizens of the U.S. She stated that she is in favor of making the immigration process more expedited and would support a bill that is re-written to put those who have begun their immigration paperwork into a transitional type of status. She added that the bill does not state that the student must have filed for legal status before receiving the tuition benefits.

07:48 PM -- Jeff Rodriguez, representing himself, testified in opposition to the bill. Mr. Rodriguez gave an account of his background. He stated that the bill is unconstitutional and that it allows illegal immigrants to step in front of our own citizens. He stated that the bill is a slap in the face to Colorado residents and that American students will have to pay more as a result of this legislation. He stated that it is better for other Americans to get the in-state tuition rate. He added that the bill should specify that undocumented students must file for legal status before receiving the lessened tuition rate.

07:56 PM -- Martin Mendez, representing himself, testified in opposition to the bill. Mr. Mendez stated that the bill delivers false hope to those students who are undocumented. He expressed concern about the affidavit required by the bill and questioned who would be responsible for following up on the affidavits to ensure that requirements are being met. He discussed his father's immigration process.

08:01 PM -- Will Hiltscher, representing himself, testified in opposition to the bill. Mr. Hiltscher discussed his background. He stated that he cannot approve of this bill. He discussed the affidavit, stating that no measures in the bill account for those students who do not file for legal status, or those who will be denied status. He stated that without verification measures, this will be taken advantage of. He added that the bill is fiscally irresponsible. He stated that even with the reduced tuition, these kids will amass a large amount of debt and will not be able to work legally to pay off that debt after they graduate. Mr. Hiltscher responded to questions from the committee.

08:13 PM -- Vernon Paiz, representing himself, testified in opposition to the bill. Mr. Paiz stated that immigration is an issue that should be debated at the federal level.

08:15 PM -- Joy Athanasiou, representing herself as an immigration lawyer, testified in support of the bill. Ms. Athanasiou stated that the bill does not conflict with federal law. She stated that the bill is doable, as long as it is not done on the basis of residency. She discussed the court case heard in California, stating that this bill is similar to their legislation, which was found to be constitutional. She discussed the immigration waitlist, saying that the only way to reduce the wait time is to increase the number of visas issued. She responded to several questions from the committee about the immigration process.

08:34 PM -- Frank Waterous, representing Bell Policy Center, testified in support of the bill. Dr. Waterous stated that the bill is good education and economic policy. He stated that a key provision of the bill is that students will be paying the tuition on their own, without any state or federal aid. He stated that his organization is opposed to any amendment that would allow these students to get financial aid. He discussed fee-for-service funding. He added that Bell Policy Center has strong support for the overall bill and its expansion of postsecondary educational opportunities.

08:39 PM -- Pauline Olvera, representing the Colorado Hispanic Republicans, testified in opposition to the bill. Ms. Olvera stated that there is not federal law in place that would make this state law useful to these students. She said that the parents of these students should be shouldering the responsibility for paying for their child's education. She discussed the process for obtaining a visa and stated that when these students finish their education, they will not be able to work legally. She stated that there has to be federal immigration reform for this bill to be meaningful.

08:43 PM

Representative Massey stated that the correct routing of the bill is to the House Committee on Finance, and made a motion that it be moved to that committee. Representative Todd made a substitute motion that the bill be routed to the House Committee on Appropriations. A vote was taken on the substitute motion.


BILL:	SB12-015
TIME:	08:48:12 PM
MOVED:	Todd
MOTION:	Refer Senate Bill 12-015 to the House Committee on Appropriations. The motion failed on a roll call vote of 6-7.
SECONDED:	Hamner
		VOTE
	Court	Yes
	Hamner	Yes
	Holbert	No
	Joshi	No
	Kerr A.	Yes
	Murray	No
	Peniston	Yes
	Ramirez	No
	Solano	Yes
	Summers	No
	Todd	Yes
	Beezley	No
	Massey	No

YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL

08:49 PM

The members discussed their positions on the bill.


BILL:	SB12-015
TIME:	09:15:46 PM
MOVED:	Massey
MOTION:	Refer Senate Bill 12-015 to the House Committee on Finance. The motion passed on a roll call vote of 7-6.
SECONDED:	Beezley
		VOTE
	Court	Yes
	Hamner	Yes
	Holbert	No
	Joshi	No
	Kerr A.	Yes
	Murray	No
	Peniston	Yes
	Ramirez	No
	Solano	Yes
	Summers	No
	Todd	Yes
	Beezley	No
	Massey	Yes

Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

09:17 PM

The committee adjourned.