SACRAMENTO – State lawmakers have approved legislation that would allow poor illegal immigrants to attend California's community colleges for free.

The community colleges estimate that about 3,000 currently enrolled students could qualify for a fee waiver, worth $284 a year to those attending full time.

Students would have to be in the process of applying for citizenship, live in poverty and must have attended California high schools for at least three years. A diploma or equivalent degree from an in-state school also would be required.

"It will pay us not only cultural and citizenship dividends, but actually economic dividends. They will become better equipped for the world of work," said Sen. Jack Scott, D-Altadena, a former Pasadena City College president.

Opponents argued the state should not entice people to enter this country illegally with free schooling. They also pointed out the state just raised the per-unit fee to $18 from $11 for citizens.

"No matter how heartfelt this is, we're going to raise fees for California citizens and now you want to waive fees for illegal immigrants," said Senate Republican leader Jim Brulte of Rancho Cucamonga.

"I'm not sure this is a good idea when the state is flush with cash, but I'm sure that it's not a good idea when the state is broke."

After clearing both houses on mostly party-line votes, the measure now goes to embattled Gov. Gray Davis. The governor ignited a political firestorm and referendum when he signed a bill last week giving illegal immigrants the right to obtain driver licenses.

"It may be one too many," said Ronald Calderon, a Covina Democrat who pushed the tuition waiver bill in the Assembly. "We're hopeful he'll see the value in it."

Davis has stepped up his courting of Latino voters going into the Oct. 7 recall election. He has not taken a stand on this bill, but generally the governor has favored removing financial barriers facing college-bound illegal immigrants.

Two years ago Davis signed legislation that allowed illegal immigrants enrolled at one of the California State University campuses to pay in-state tuition of about $2,000 annually instead of out-of-state fees of $11,000.

The California Community Colleges supports the current measure, SB 328, said Mary Gill, a vice chancellor who monitors legislation.

"Let's take kids who are raised here, who know no other home, who are in desperate financial situations and help them climb out of that," Gill said.

Extending fee waivers to poor illegal immigrants would not harm citizens in need of financial aid. There is no limit to the number of students who qualify, she said.

Programs at the 108 community colleges would not be adversely affected, Gill said, because the state covers lost fees.

About 550,000 community college students are now attending classes without paying fees, she said. The income-test of the eligibility crite ria is based on the federal poverty standard, which is generally $27,150 for a family of four, Gill said.

The legislation would not extend financial aid to illegal immigrants attending a California State University campus. Nor would it affect the University of California.

The Assembly vote Thursday night was 45-30. The Senate followed suit yesterday, 22-13.

The San Diego County delegation split among party-lines.

In the Assembly, Democrats Juan Vargas and Christine Kehoe of San Diego voted for it. Republicans La Suer, Shirley Horton of Bonita, Mark Wyland of Del Mar, George Plescia of San Diego, Ray Haynes of Murrieta and Pat Bates of Laguna Niguel opposed it.

In the Senate, Democrats Dede Alpert of Coronado and Denise Ducheny of San Diego supported the bill. Republicans Bill Morrow of Oceanside and Dennis Hollingsworth of La Mesa opposed it.