SB 1460 - An Act to Amend Section 68130.7 Of, to Amend, Repeal, and Add Section 68130.5 Of, and to Add Sections 66021.6, 66021.7, and 76300.5 To, the Education Code, Relating to Student Financial Aid.

Student financial aid: eligibility: California Dream Act of 2010. 2009-2010 Legislature. View bill details
Author(s):
Summary:
(1)Existing law requires that a person, other than a nonimmigrant alien, as defined, who has attended high school in California for 3 or more years, who has graduated from a California high school or attained the equivalent thereof, who has registered at or attends an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001–02 academic… More
(1)Existing law requires that a person, other than a nonimmigrant alien, as defined, who has attended high school in California for 3 or more years, who has graduated from a California high school or attained the equivalent thereof, who has registered at or attends an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001–02 academic year, and who, if he or she is an alien without lawful immigration status, has filed a prescribed affidavit, is exempt from paying nonresident tuition at the California Community Colleges and the California State University.

This bill would enact the California Dream Act of 2010. The bill, as of July 1, 2011, would exempt a person who has attended, for 3 or more years, at least one of which shall have been in a high school, and graduated from, secondary school in California from paying nonresident tuition at the California Community Colleges and the California State University. Under the bill, persons attending and graduating from California technical schools and adult schools, as well as high schools, would be included within the scope of this provision.

(2)The Donahoe Higher Education Act sets forth, among other things, the missions and functions of California’s public and independent segments of higher education, and their respective institutions of higher education. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make a provision applicable.

In any action in which a state court finds that a specified law, or any similar provision adopted by the regents, is unlawful, existing law authorizes the court to order the administering entity that is the subject of the lawsuit to terminate any waiver awarded under that statute or action, as equitable relief, prohibits the award of money damages, tuition refund or waiver, or other retroactive relief, and provides that the California Community Colleges, the California State University, and the University of California are immune from the imposition of any award of money damages, tuition refund or waiver, or other retroactive relief in a lawsuit.

This bill would amend the Donahoe Higher Education Act, as of July 1, 2011, to require the Trustees of the California State University and the Board of Governors of the California Community Colleges, and to request the regents, to establish procedures and forms that enable persons who are exempt from paying nonresident tuition under the provision described in (1) above, or who meet equivalent requirements adopted by the regents, to apply for, and participate in, all student aid programs administered by these segments to the full extent permitted by federal law, except as provided. This provision would apply to the University of California only if the regents, by appropriate resolution, act to make it applicable. If a state court finds that this provision, or a similar provision adopted by the regents, is unlawful, this bill would provide that the same limitations described above would apply.

This bill would further provide that, on and after January 1, 2011, a student attending the California State University, the California Community Colleges, or the University of California who is exempt from paying nonresident tuition under the provision described above would be eligible to receive a scholarship derived from nonstate funds received, for the purpose of scholarships, by the segment at which he or she is a student.

Existing federal law requires that a state may provide that an alien who is not lawfully present in the United States is eligible for any state or local public benefit for which that alien would otherwise be ineligible under a specified federal law only through enactment of a state law that affirmatively provides for that eligibility.

This bill would find and declare that the amendments to the Donahoe Higher Education Act described above are state laws within the meaning of this federal provision.

(3)Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction, for prescribed fees, at community college campuses throughout the state. Existing law authorizes the waiver of these fees for, among others, students who are eligible under income standards established by the board of governors.

This bill, as of July 1, 2011, would require community college districts to waive the fees of persons who are exempt from nonresident tuition under the provision described in (1) above, and who otherwise qualify for a waiver under this provision, under regulations and procedures adopted by the board of governors. Because the bill would impose new duties on community college districts with respect to determining eligibility for fee waivers, the bill would constitute a state-mandated local program.

(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
 
Status:
This bill was passed by both houses and vetoed by the Governor. It did not become law
Senate Vote: On Passage

PASSED on August 31, 2010.

voted YES: 21 voted NO: 12
6 voted present/not voting

An Act to Amend Section 68130.7 Of, to Amend, Repeal, and Add Section 68130.5 Of, and to Add Sections 66021.6, 66021.7, and 76300.5 To, the Education Code, Relating to Student Financial Aid.

SB 1460 — 2009-2010 Legislature

Summary
(1)Existing law requires that a person, other than a nonimmigrant alien, as defined, who has attended high school in California for 3 or more years, who has graduated from a California high school or attained the equivalent thereof, who has registered at or attends an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001–02 academic year, and who, if he or she is an alien without lawful immigration status, has filed a prescribed affidavit, is exempt from paying nonresident tuition at the California Community Colleges and the California State University.

This bill would enact the California Dream Act of 2010. The bill, as of July 1, 2011, would exempt a person who has attended, for 3 or more years, at least one of which shall have been in a high school, and graduated from, secondary school in California from paying nonresident tuition at the California Community Colleges and the California State University. Under the bill, persons attending and graduating from California technical schools and adult schools, as well as high schools, would be included within the scope of this provision.

(2)The… More
(1)Existing law requires that a person, other than a nonimmigrant alien, as defined, who has attended high school in California for 3 or more years, who has graduated from a California high school or attained the equivalent thereof, who has registered at or attends an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001–02 academic year, and who, if he or she is an alien without lawful immigration status, has filed a prescribed affidavit, is exempt from paying nonresident tuition at the California Community Colleges and the California State University.

This bill would enact the California Dream Act of 2010. The bill, as of July 1, 2011, would exempt a person who has attended, for 3 or more years, at least one of which shall have been in a high school, and graduated from, secondary school in California from paying nonresident tuition at the California Community Colleges and the California State University. Under the bill, persons attending and graduating from California technical schools and adult schools, as well as high schools, would be included within the scope of this provision.

(2)The Donahoe Higher Education Act sets forth, among other things, the missions and functions of California’s public and independent segments of higher education, and their respective institutions of higher education. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make a provision applicable.

In any action in which a state court finds that a specified law, or any similar provision adopted by the regents, is unlawful, existing law authorizes the court to order the administering entity that is the subject of the lawsuit to terminate any waiver awarded under that statute or action, as equitable relief, prohibits the award of money damages, tuition refund or waiver, or other retroactive relief, and provides that the California Community Colleges, the California State University, and the University of California are immune from the imposition of any award of money damages, tuition refund or waiver, or other retroactive relief in a lawsuit.

This bill would amend the Donahoe Higher Education Act, as of July 1, 2011, to require the Trustees of the California State University and the Board of Governors of the California Community Colleges, and to request the regents, to establish procedures and forms that enable persons who are exempt from paying nonresident tuition under the provision described in (1) above, or who meet equivalent requirements adopted by the regents, to apply for, and participate in, all student aid programs administered by these segments to the full extent permitted by federal law, except as provided. This provision would apply to the University of California only if the regents, by appropriate resolution, act to make it applicable. If a state court finds that this provision, or a similar provision adopted by the regents, is unlawful, this bill would provide that the same limitations described above would apply.

This bill would further provide that, on and after January 1, 2011, a student attending the California State University, the California Community Colleges, or the University of California who is exempt from paying nonresident tuition under the provision described above would be eligible to receive a scholarship derived from nonstate funds received, for the purpose of scholarships, by the segment at which he or she is a student.

Existing federal law requires that a state may provide that an alien who is not lawfully present in the United States is eligible for any state or local public benefit for which that alien would otherwise be ineligible under a specified federal law only through enactment of a state law that affirmatively provides for that eligibility.

This bill would find and declare that the amendments to the Donahoe Higher Education Act described above are state laws within the meaning of this federal provision.

(3)Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction, for prescribed fees, at community college campuses throughout the state. Existing law authorizes the waiver of these fees for, among others, students who are eligible under income standards established by the board of governors.

This bill, as of July 1, 2011, would require community college districts to waive the fees of persons who are exempt from nonresident tuition under the provision described in (1) above, and who otherwise qualify for a waiver under this provision, under regulations and procedures adopted by the board of governors. Because the bill would impose new duties on community college districts with respect to determining eligibility for fee waivers, the bill would constitute a state-mandated local program.

(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Amend Section 68130.7 Of, to Amend, Repeal, and Add Section 68130.5 Of, and to Add Sections 66021.6, 66021.7, and 76300.5 To, the Education Code, Relating to Student Financial Aid.
Author(s)
Gilbert Cedillo
Co-Authors
Subjects
  • Student financial aid: eligibility: California Dream Act of 2010
Major Actions
Introduced2/19/2010
Referred to Committee
Passed Senate Committee on Education4/14/2010
Passed Senate Committee on Appropriations5/03/2010
Passed Senate Committee on Appropriations5/27/2010
Passed Senate6/03/2010
Passed Assembly Committee on Higher Education6/22/2010
Passed Assembly Committee on Appropriations8/12/2010
Passed Assembly8/20/2010
Passed Assembly8/31/2010
Passed Senate8/31/2010
Presented to the governor (enrolled)9/08/2010
Vetoed by Governor9/30/2010
Vetoed by Governor9/30/2010
Bill History
Chamber/CommitteeMotionDateResult
select this voteSenate Committee on EducationDo pass as amended, and re-refer to the Committee on Appropriations.4/14/2010This motion PASSED the Senate Committee on Education
6 voted YES 2 voted NO 1 voted present/not voting
select this voteSenate Committee on AppropriationsPlaced on Appropriations Suspense file.5/03/2010This motion PASSED the Senate Committee on Appropriations
10 voted YES 0 voted NO 1 voted present/not voting
select this voteSenate Committee on AppropriationsDo pass as amended.5/27/2010This motion PASSED the Senate Committee on Appropriations
7 voted YES 3 voted NO 1 voted present/not voting
select this voteSenateSenate 3rd Reading SB1460 Cedillo6/03/2010This bill PASSED the Senate
24 voted YES 9 voted NO 5 voted present/not voting
select this voteAssembly Committee on Higher EducationDo pass and be re-referred to the Committee on Appropriations.6/22/2010This motion PASSED the Assembly Committee on Higher Education
6 voted YES 2 voted NO 1 voted present/not voting
select this voteAssembly Committee on AppropriationsDo pass as amended.8/12/2010This motion PASSED the Assembly Committee on Appropriations
12 voted YES 5 voted NO 0 voted present/not voting
select this voteAssemblySB 1460 Cedillo Senate Third Reading Amend By FURUTANI Set #18/20/2010This bill PASSED the Assembly
48 voted YES 27 voted NO 4 voted present/not voting
select this voteAssemblySB 1460 Cedillo Senate Third Reading By TORRICO8/31/2010This bill PASSED the Assembly
48 voted YES 27 voted NO 3 voted present/not voting
currently selectedSenateW/O REF. TO FILE SB1460 Cedillo Concurrence8/31/2010This bill PASSED the Senate
21 voted YES 12 voted NO 6 voted present/not voting
ActionDateDescription
Introduced2/19/2010
2/19/2010Introduced. Read first time. To Com. on RLS. for assignment. To print.
2/21/2010From print. May be acted upon on or after March 23.
3/11/2010To Com. on ED.
3/17/2010Set for hearing April 14.
select this voteVote4/14/2010Do pass as amended, and re-refer to the Committee on Appropriations.
4/20/2010From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 6. Noes 2. Page 3184.)
4/21/2010Read second time. Amended. Re-referred to Com. on APPR.
4/23/2010Set for hearing May 3.
select this voteVote5/03/2010Placed on Appropriations Suspense file.
5/03/2010Placed on APPR suspense file.
5/21/2010Set for hearing May 27. (Suspense - for vote only.)
select this voteVote5/27/2010Do pass as amended.
6/02/2010From committee: Do pass as amended. (Ayes 7. Noes 3. Page 3676.) Read second time. Amended. To third reading. (June 2 amended measure version corrected June 10.)
6/03/2010Read third time. Passed. (Ayes 24. Noes 9. Page 3785.) To Assembly.
6/03/2010In Assembly. Read first time. Held at Desk.
select this voteSenate Vote on Passage6/03/2010Senate 3rd Reading SB1460 Cedillo
6/10/2010To Com. on HIGHER ED.
select this voteVote6/22/2010Do pass and be re-referred to the Committee on Appropriations.
6/23/2010From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 6. Noes 2.) Re-referred to Com. on APPR. (Heard in committee on June 22.)
8/05/2010Set, first hearing. Referred to APPR. suspense file.
select this voteVote8/12/2010Do pass as amended.
8/13/2010(Heard in committee August 12.) From committee: Do pass as amended. (Ayes 12. Noes 5.)
8/16/2010Read second time. Amended. To second reading.
8/17/2010Read second time. To third reading.
8/20/2010Read third time. Amended. (Ayes 48. Noes 27. Page 6435.) To third reading.
select this voteAssembly Vote on Passage8/20/2010SB 1460 Cedillo Senate Third Reading Amend By FURUTANI Set #1
8/23/2010Assembly Rule 69(d) suspended. (Ayes 49. Noes 27. Page 6491.)
8/31/2010Read third time. Passed. (Ayes 48. Noes 27. Page 6936.) To Senate.
8/31/2010In Senate. Senate concurs in Assembly amendments. (Ayes 21. Noes 12. Page 5105.) To enrollment.
select this voteAssembly Vote on Passage8/31/2010SB 1460 Cedillo Senate Third Reading By TORRICO
currently selectedSenate Vote on Passage8/31/2010W/O REF. TO FILE SB1460 Cedillo Concurrence
9/08/2010Enrolled. To Governor at 4 p.m.
Vetoed9/30/2010Vetoed by Governor.
9/30/2010In Senate. To unfinished business. (Veto)
11/30/2010Died on file.

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An Act to Amend Section 68130.7 Of, to Amend, Repeal, and Add Section 68130.5 Of, and to Add Sections 66021.6, 66021.7, and 76300.5 To, the Education Code, Relating to Student Financial Aid.: W/O REF. TO FILE SB1460 Cedillo Concurrence

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Contributions data source: FollowTheMoney.org

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NamePartyDistrict$ From Interest Groups
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$ From Interest Groups
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Sam AanestadRCA-4$0$0No
Elaine AlquistDCA-13$0$0Yes
Roy AshburnRCA-18$0$0No
Sam BlakesleeRCA-15$0$0No
Ron CalderonDCA-30$0$0Yes
Gilbert CedilloDCA-22$0$0Yes
Dave CogdillRCA-14$0$0No
Ellen CorbettDCA-10$0$0Yes
Lou CorreaDCA-34$0$0Yes
Mark DeSaulnierDCA-7$0$0Not Voting
Jeff DenhamRCA-12$0$0Not Voting
Denise DuchenyDCA-40$0$0Yes
Bob DuttonRCA-31$0$0No
Bill EmmersonRCA-37$0$0No
Dean FlorezDCA-16$0$0Yes
Loni HancockDCA-9$0$0Yes
Tom HarmanRCA-35$0$0No
Dennis HollingsworthRCA-36$0$0No
Bob HuffRCA-29$0$0No
Christine KehoeDCA-39$0$0Yes
Mark LenoDCA-3$0$0Yes
Carol LiuDCA-21$0$0Yes
Alan LowenthalDCA-27$0$0Yes
Gloria Negrete McLeodDCA-32$0$0Yes
Jenny OropezaDCA-28$0$0Not Voting
Alex PadillaDCA-20$0$0Yes
Fran PavleyDCA-23$0$0Yes
Curren PriceDCA-26$0$0Yes
Gloria RomeroDCA-24$0$0Yes
George RunnerRCA-17$0$0No
Joe SimitianDCA-11$0$0Not Voting
Darrell SteinbergDCA-6$0$0Yes
Tony StricklandRCA-19$0$0Not Voting
Mimi WaltersRCA-33$0$0No
Pat WigginsDCA-2$0$0Not Voting
Lois WolkDCA-5$0$0Yes
Rod WrightDCA-25$0$0Yes
Mark WylandRCA-38$0$0No
Leland YeeDCA-8$0$0Yes

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