Monday, 8/4/97 UC students may soon be able to lobby in
Sacramento SACRAMENTO: UCSA regaining its political voice, with
room at regents’ table, powers to talk with legislators
By Hannah Miller Daily Bruin Senior Staff When state legislators
consider whether to raise UC tuition 10 percent, UC students will
fight it, right? Wrong. Although students from the California State
Universities and community colleges are constantly in Sacramento
banging on legislator’s doors, University of California students
are not permitted to lobby. That has been the law since 1993 – but
things may soon change. In the last few months, the University of
California Students’ Association (UCSA) has gained a place at the
regents’ table, a chance to become a political voice in the state
Capitol, and a court decision that could possibly reverse the
anti-lobby law. The story starts in the 1970s, when the UCSA was
one of the twelve most powerful lobbies in the state. "We were up
there with the (National Rifle Association) and the tobacco
industry," said Bo Thoreen, external affairs director for UCSA.
That was the heyday. UCSA’s support, which depends on funds
allocated from student government budgets, began to erode in the
late 1970s when the Smith vs. Regents court case was filed. Smith
vs Regents challenged the use of mandatory student government fees
for political purposes. The decision on the case didn’t come down
until 1993, but it hamstrung UCSA’s efforts in the Capitol. They
still had the money, just not the power to use it. There was even
talk of eliminating UCSA entirely. "Smith (vs. Regents) limited the
ability of students to participate in the process," said Kevin
McCarty, a legislative assistant for Assemblywoman Denise Ducheny
(D-San Diego). So UCSA refocused. It took up collections to make up
for the financial losses. It concentrated on the UC’s internal
concerns and the regents, and on educating students. But the Smith
decision has been weakened by two court cases in the last year.
One, a U.S. Supreme Court case in Virginia, added a caveat to Smith
vs. Regents. Student fees can be used for political purposes if
there is a refund mechanism for students who disagree. UCLA has one
of these in place. A second decision came down July 28, but it has
implications that are still unclear. An appellate court ruling
allowed the UC Berkeley Student Senate to use fees for political
lobbying. But since the ruling took place in a county court, it may
only apply to UC Berkeley. "This is going to take a while to shake
out," said Jerry Mann, director of Student Support Services. UCSA’s
lawyers are still discussing the interpretation of the decision.
However, the new rules are not completely for UCSA to make.
Although UCSA is an independent group, the individual student
councils are dependent on university lawyers to interpret court
decisions. "(UCLA student councils) rely on university counsel.
They tell us what to think and that becomes the party line," Mann
said. Since the Supreme Court case came down in April, university
lawyers have held that UCSA is still not allowed to lobby at the
Capitol. But an effort is under way among lawmakers themselves to
reestablish UCSA as a political force. A new proposal currently
pending in the State Senate would give UCSA the ability to lobby at
the Capitol. As it stands now, UCSA can come and speak on a given
topic only if invited. This proposal "offers us a standing
invitation to share the opinions of UC students," said Thoreen. The
proposal, Assembly Constitutional Resolution 14 (ACR 14), has
already passed the Assembly, gaining support and co-sponsors, and
is expected to pass through the Senate easily. As a resolution, it
does not require the governor’s signature to be made law. "We
wanted to urge UC students to participate in the process," McCarty
said. "(University Office of the President) lobbies – They’re here
all the time. We see them every day. There should be a balance
between them and the students." The resolution could be very
important, as a significant number of UC decisions are made in the
Capitol, including funding for campus construction and the costs of
tuition. "We’re basically not operating fully in the Capitol right
now," Thoreen said. "This is not just a token thing." "Two years
ago when Wilson proposed another fee hike," McCarty said, "the CSUs
and community colleges were on the forefront advocating against
them. UCSA tried to come but they couldn’t because of Smith." In
addition to the Capitol invite, UCSA has also gained a standing
invite to testify before the UC Regents. The resolution went into
effect two months ago. In July, UCSA used its power for the first
time to testify in favor of extending benefits to the domestic
partners of employees and students. If university lawyers, student
councils and the current UCSA Board of Directors are willing, this
could be a renaissance for student representation in Sacramento,
student activists say. "This might spell something like the end of
the Smith era," Thoreen said. But as Thoreen and others stress, it
will require a commitment from each of those groups. UCLA’s
financial support for UCSA come from two places. The first is an
optional graduate fee of 50 cents. The second is the undergraduate
donation, which is carved out by the undergraduate council (USAC)
on a yearly basis. USAC is currently debating a stipend increase
for its elected officials that would take from UCSA’s funding. That
budget, to be debated next week, could possibly replace UCSA
representatives with work-study students. A new proposal currently
pending in the State Senate would give UCSA the ability to lobby at
the Capitol. … (the UC Students’ Association) has also gained a
standing invite to testify before the UC Regents. Previous Daily
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