Bill Text: CA AB423 | 2013-2014 | Regular Session | Amended

California Assembly Bill 423 (Prior Session Legislation)

Bill Title: Student Tuition Recovery Fund: claims.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2014-08-28 - Re-referred to Com. on HIGHER ED. pursuant to Assembly Rule 77.2. [AB423 Detail]

Download: California-2013-AB423-Amended.html

BILL NUMBER: AB 423	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 22, 2014
	AMENDED IN SENATE  AUGUST 21, 2013
	AMENDED IN SENATE  AUGUST 13, 2013
	AMENDED IN ASSEMBLY  MAY 13, 2013
	AMENDED IN ASSEMBLY  APRIL 9, 2013

INTRODUCED BY   Assembly Member  Torres   Brown

    (   Principal coauthor:   Senator 
 Torres   ) 
    (   Coauthor:   Assembly Member  
Rodriguez   ) 

                        FEBRUARY 15, 2013

   An act to  amend Section 34171 of, and to add Section
34176.6 to, the Health and Safety   add Section 94923.5
to the Education  Code, relating to  housing, and
declaring the urgency thereof, to take effect immediately. 
 private postsecondary education, and making an appropriation
therefor. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 423, as amended,  Torres   Brown  .
 Multiphase affordable housing projects: enforceable
obligations.   Student Tuition Recovery Fund: claims.
 
   Existing law, the California Private Postsecondary Education Act
of 2009, which is repealed on January 1, 2015, provides for, among
other things, student protections and regulatory oversight of private
postsecondary institutions in the state. The act is enforced by the
Bureau for Private Postsecondary Education in the Department of
Consumer Affairs. The act requires the bureau to adopt regulations
governing the administration and maintenance of the Student Tuition
Recovery Fund, including requirements relating to assessments on
students and student claims against the Student Tuition Recovery
Fund, a continuously appropriated fund.  
   This bill would provide that a student who uses a Cal Grant or a
Pell Grant to pay tuition at a qualifying institution is not thereby
made ineligible to apply for payment from the Student Tuition
Recovery Fund. The bill would also provide that, when the application
of a student who uses a Cal Grant to pay tuition at a qualifying
institution for payment from the Student Tuition Recovery Fund is
granted, the bureau shall pay that amount to the Student Aid
Commission. By expanding eligibility for payments from a continuously
appropriated fund, the bill would make an appropriation.  
   This bill would become operative only if an act that becomes
operative on or before January 1, 2015, delays or eliminates the
January 1, 2015, repeal date of the California Private Postsecondary
Education Act of 2009.  
   The Community Redevelopment Law authorizes the establishment of
redevelopment agencies in communities to address the effects of
blight, as defined. Existing law dissolved redevelopment agencies and
community development agencies as of February 1, 2012, and provides
for the designation of successor agencies. Existing law imposes
various requirements on successor agencies and subjects successor
agency actions to the review of oversight boards. Existing law
requires each oversight board to direct the successor agency to,
among other things, cease performance in connection with and
terminate all existing agreements that do not qualify as enforceable
obligations, as defined.  
   This bill would authorize a successor agency of a former
redevelopment agency that commenced and completed construction of
portions of a multiphase affordable housing project in a county with
a population over 1.7 million or in a city with a population over
160,000 to enter into a new enforceable obligation to complete the
design and construction of a qualifying future phase, as specified,
of a project. The bill would require that any moneys from the former
redevelopment agency's Low and Moderate Income Housing Fund that have
not been remitted to the county auditor-controller, as specified, to
first be allocated to the implementing entity of the new enforceable
obligation to pay for the costs associated with specified
agreements. The bill would require, if the remaining balance of the
Low and Moderate Income Housing Fund is insufficient to pay for the
costs associated with the specified agreements, any remaining costs
to be included on Recognized Obligation Payment Schedules as
enforceable obligations and be funded with Redevelopment Property Tax
Trust Funds.  
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  2/3   majority  . Appropriation:
 no   yes  . Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 94923.5 is added to the 
 Education Code   , to read:  
   94923.5.  (a) A student who uses a Cal Grant, Pell Grant, or both,
to pay tuition at a qualifying institution is not thereby made
ineligible to apply for payment from the Student Tuition Recovery
Fund.
   (b) When the application of a student who uses a Cal Grant to pay
tuition at a qualifying institution for payment from the Student
Tuition Recovery Fund is granted, the bureau shall pay that amount to
the Student Aid Commission. 
   SEC. 2.    This act shall become operative only if an
act that becomes operative on or before January 1, 2015, amends or
repeals Section 94950 of the Education Code to delay or eliminate the
January 1, 2015, repeal date of the California Private Postsecondary
Education Act of 2009 (Chapter 8 (commencing with Section 94800) of
Part 59 of Division 10 of Title 3 of the Education Code).  All
matter omitted in this version of the bill appears in the bill as
amended in the Senate, August 21, 2013. (JR11)