BILL NUMBER: AB 2083	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 23, 2008

INTRODUCED BY   Assembly Member Nunez
    (   Coauthors:   Assembly Members 
 Arambula,   Beall,   Berg,  
Caballero,   Dymally,   Eng,   Hancock,
  Hayashi,   Huffman,   Ma, 
Mullin,   Salas,   and Soto   ) 

                        FEBRUARY 19, 2008

   An act to add Section 66021.6 to the Education Code, relating to
student financial aid.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2083, as amended, Nunez. Student financial aid: institutional
financial aid eligibility.
   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 require
the Trustees of the California State University and the Board of
Governors of the California Community Colleges, and request the
Regents of the University of California, to establish procedures and
forms that enable persons who are exempt from paying nonresident
tuition under this provision, or who meet equivalent requirements
adopted by the regents, to be eligible to receive institutional
financial aid awards. The bill would define institutional financial
aid as financial assistance offered by a campus of the California
Community Colleges, California State University, or University of
California, including grant, scholarship,  fellowship, 
work-study, and loan programs. The bill would declare that this
provision is a state law within the meaning of a federal statute that
permits a state to only provide an alien who is not lawfully present
in the United States with eligibility for a state or local public
benefit through the enactment of a state law affirmatively providing
for that eligibility. This provision would apply to the University of
California only if the regents, by appropriate resolution, act to
make it applicable.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 66021.6 is added to the Education Code, to
read:
   66021.6.  (a) Notwithstanding any other law, the Trustees of the
California State University and the Board of Governors of the
California Community Colleges shall, and the Regents of the
University of California are requested to, 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 be eligible to receive institutional
financial aid awards. The Legislature finds and declares that this
section is a state law within the meaning of Section 1621(d) of Title
8 of the United States Code.
   (b) For purposes of this section, "institutional financial aid"
means financial assistance offered by a campus of the California
Community Colleges, California State University, or University of
California, including grant, scholarship,  fellowship, 
work-study, and loan programs.