Bill Text: CA AB1413 | 2009-2010 | Regular Session | Enrolled
Bill Title: Student financial aid.
Spectrum: Partisan Bill (Democrat 26-0)
Status: (Vetoed) 2010-09-30 - Vetoed by Governor. [AB1413 Detail]
Download: California-2009-AB1413-Enrolled.html
BILL NUMBER: AB 1413 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 31, 2010
PASSED THE ASSEMBLY AUGUST 31, 2010
AMENDED IN SENATE AUGUST 31, 2010
AMENDED IN SENATE JUNE 16, 2010
AMENDED IN ASSEMBLY MAY 7, 2009
AMENDED IN ASSEMBLY APRIL 16, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Members Fuentes and Coto
(Principal coauthor: Senator Cedillo)
(Coauthors: Assembly Members Ammiano, Brownley, Coto, De Leon,
Eng, Fong, Furutani, Jones, Ma, Nava, Salas, Torlakson, and Torrico)
(Coauthors: Senators Correa, DeSaulnier, Ducheny, Florez, Hancock,
Leno, Padilla, Romero, Wiggins, and Yee)
FEBRUARY 27, 2009
An act to add Section 69508.5 to the Education Code, relating to
student financial aid.
LEGISLATIVE COUNSEL'S DIGEST
AB 1413, Fuentes. Student financial aid.
(1) 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.
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 amend the Donahoe Higher Education Act to provide
that persons who are exempt from paying nonresident tuition under the
above provision, or who meet equivalent requirements adopted by the
regents, are eligible to apply for, and participate in, any student
financial aid program administered by the State of California to the
full extent permitted by federal law. This bill would require the
Student Aid Commission to establish procedures and forms that enable
those persons who are exempt from paying nonresident tuition under
the above provision to apply for, and participate in, all student
financial aid programs administered by the State of California to the
full extent permitted by federal law. This bill would prohibit
persons who are exempt from paying nonresident tuition under the
provision described above from being eligible for Competitive Cal
Grant A and B Awards unless specified conditions are met. The bill
would make these provisions operative as of July 1, 2011.
(2) 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) This bill would provide that it would become operative only if
SB 1460 of the 2009-10 Regular Session is enacted and becomes
effective on or before January 1, 2011.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 69508.5 is added to the Education Code, to
read:
69508.5. (a) Notwithstanding any other law, and except as
provided for in subdivision (c), a person who meets the requirements
of subdivision (a) of Section 68130.5, or who meets equivalent
requirements adopted by the Regents of the University of California,
is eligible to apply for, and participate in, any student financial
aid program administered by the State of California to the full
extent permitted by federal law. The Legislature finds and declares
that this section is a state law within the meaning of subsection (d)
of Section 1621 of Title 8 of the United States Code.
(b) Notwithstanding any other law, the Student Aid Commission
shall establish procedures and forms that enable persons who are
exempt from paying nonresident tuition under Section 68130.5, or who
meet equivalent requirements adopted by the regents, to apply for,
and participate in, all student financial aid programs administered
by the State of California to the full extent permitted by federal
law.
(c) A student who is exempt from paying nonresident tuition under
Section 68130.5 shall not be eligible for Competitive Cal Grant A and
B Awards unless funding remains available after all California
students not exempt pursuant to Section 68130.5 have received
Competitive Cal Grant A and B Awards that they are eligible for.
(d) This section shall become operative on July 1, 2011.
SEC. 2. This bill shall become operative only if Senate Bill 1460
of the 2009-10 Regular Session is enacted and becomes operative on or
before January 1, 2011.
