Bill Text: CA AB2586 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public postsecondary education: student employment.

Spectrum: Partisan Bill (Democrat 21-0)

Status: (Vetoed) 2024-09-22 - Vetoed by Governor. [AB2586 Detail]

Download: California-2023-AB2586-Amended.html

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Amended  IN  Assembly  April 01, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2586

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Introduced by Assembly Member Alvarez
(Principal coauthors: Assembly Members Juan Carrillo and Valencia)
(Principal coauthor: Senator Durazo)
(Coauthors: Assembly Members Garcia, Stephanie Nguyen, Ortega, Pacheco, Quirk-Silva, and Blanca Rubio)
(Coauthor: Senator Gonzalez)(Coauthors: Senators Gonzalez, Menjivar, and Padilla)

February 14, 2024

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An act to add Article 3.8 (commencing with Section 66029) to Chapter 2 of Part 40 of Division 5 of Title 3 of the Education Code, relating to public postsecondary education.

LEGISLATIVE COUNSEL'S DIGEST

AB 2586, as amended, Alvarez. Public postsecondary education: student employment.

The Donahoe Higher Education Act sets forth the missions and functions of the public institutions of higher education, including the University of California administered by the Regents of the University of California, the California State University administered by the Trustees of the California State University, and the California Community Colleges administered by the Board of Governors of the California Community Colleges. The provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, make them applicable.

This bill would prohibit a the University of California, California State University, or California Community College campus Colleges from disqualifying a student from being eligible to apply hired for an employment position at the campus due to their failure to provide proof of federal work authorization, except where that proof is required by federal law or where that proof is required as a condition of a grant that funds the particular employment position for which the student has applied.

This bill would provide that, for its purposes, each campus of the University of California, the California State University, and the California Community Colleges is are required to treat a specified prohibition in federal law on hiring unauthorized aliens undocumented noncitizens as inapplicable because that provision of federal law does not state that it applies apply to any branch of state government. The bill would further provide that, to the extent student employment is considered a “benefit” for purposes of federal law, the bill constitutes authorization to provide that benefit for purposes of specified federal law.

This bill would require the University of California, the California State University, and the California Community Colleges to adopt regulations to implement and administer the bill within 90 days of the effective date of its provisions. by January 6, 2025. The bill’s provisions would apply to the University of California California, unless it is found inapplicable to the University of California and then only to the extent that the Regents of the University of California, by appropriate resolution, make them applicable. By imposing new duties on community college districts, the bill would impose a state-mandated local program.

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 the statutory provisions noted above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Article 3.8 (commencing with Section 66029) is added to Chapter 2 of Part 40 of Division 5 of Title 3 of the Education Code, to read:

Article  3.8. Campus Employment

66029.

 (a) A campus of the The University of California, California State University, or California Community Colleges shall not disqualify a student from being eligible to apply hired for an employment position at the campus due to their failure to provide proof of federal work authorization, except in either of the following cases:

(1) Where that proof is required by federal law.

(2) Where that proof is required as a condition of a grant that funds the particular employment position for which the student has applied.

(b) For purposes of this section, each campus of the University of California, the California State University, and the California Community Colleges shall treat the prohibition on hiring unauthorized aliens undocumented noncitizens in subdivision (a) of Section 1324a of Title 8 of the United States Code as inapplicable because that provision of federal law does not state that it applies to apply to any branch of state government.

(c) To the extent student employment is considered a “benefit” for purposes of federal law, this statute shall constitute authorization to provide that benefit for purposes of subdivision (d) of Section 1621 of Title 8 of the United States Code.

(d) The University of California, the California State University, and the California Community Colleges shall adopt regulations to implement and administer this article within 90 days of the effective date of the act adding this article. by January 6, 2025.

(e) Consistent This article shall apply to the University of California, unless it is found to be inapplicable to the University of California, then, consistent with Section 67400, this article shall apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, make it applicable.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.