BILL NUMBER: SB 1460	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 2, 2010
	AMENDED IN SENATE  APRIL 21, 2010

INTRODUCED BY   Senator Cedillo
   (Principal coauthors: Assembly Members Mendoza and John A. Perez)
   (Coauthors: Senators Correa, DeSaulnier, Ducheny, Florez, Hancock,
Leno, Padilla, Romero, Wiggins, and Yee)
   (Coauthors: Assembly Members Ammiano, Brownley, Coto, De Leon,
Eng, Fong, Furutani, Jones, Ma, Nava, Salas, Torlakson, and Torrico)

                        FEBRUARY 19, 2010

   An act to amend  Section 68130.5 of, and to add Sections
66021.6   , repeal, and add Section 68130.5 of, and to
add Sections 66021.6, 66021.7  , 69508.5, and 76300.5 to, the
Education Code, relating to student financial aid.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1460, as amended, Cedillo. Student financial aid: eligibility:
California Dream Act of 2010.
   (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.
   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  would   to
 request the Regents of the University of California, to
establish procedures and forms that enable persons who are exempt
from paying nonresident tuition under the provision described 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. This
provision would apply to the University of California only if the
regents, by appropriate resolution, act to make it applicable.
   This bill would also provide that  ,   as of July 1,
2011,  persons meeting these requirements, 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 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  above amendment
  amendments  to the Donahoe Higher Education Act
 is a state law   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  This act shall be known, and may be cited, as the
California Dream Act of 2010.
  SEC. 2.  (a) The Legislature finds and declares all of the
following:
   (1) It is the intent of the Legislature that all students who are
exempt from nonresident tuition pursuant to Section 68130.5 of the
Education Code and that are deemed to be in financial need shall be
eligible for all financial aid.
   (2) Section 66021.6 of the Education Code, as added by Section 3
of this act, does not grant these pupils any advantage over the
student population as a whole in determining who qualifies for, or
receives, financial aid.
   (3) Increased access to financial aid for all students in
California's universities and colleges increases the state's
collective productivity and economic growth.
   (b) It is, therefore, the intent of the Legislature to address
these issues by enacting the California Dream Act of 2010.
  SEC. 3.  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 apply for, and participate
in, all student aid programs administered by these segments 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) This section shall become operative on July 1, 2011. 
   SEC. 4.    Section 66021.7 is added to the  
Education Code   , to read:  
   66021.7.  Notwithstanding any other law, 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 Section 68130.5 shall
be eligible to receive a scholarship that is derived from nonstate
funds received, for the purpose of scholarships, by the segment at
which he or she is a student. 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. 
   SEC. 5.    Section 68130.5 of the  
Education Code   is amended to read: 
   68130.5.  Notwithstanding any other  provision of
 law:
   (a) A student, other than a nonimmigrant alien within the meaning
of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the
United States Code, who meets all of the following requirements
shall be exempt from paying nonresident tuition at the California
State University and the California Community Colleges:
   (1) High school attendance in California for three or more years.
   (2) Graduation from a California high school or attainment of the
equivalent thereof.
   (3) Registration as an entering student at, or current enrollment
at, an accredited institution of higher education in California not
earlier than the fall semester or quarter of the 2001-02 academic
year.
   (4) In the case of a person without lawful immigration status, the
filing of an affidavit with the institution of higher education
stating that the student has filed an application to legalize his or
her immigration status, or will file an application as soon as he or
she is eligible to do so.
   (b) A student exempt from nonresident tuition under this section
may be reported by a community college district as a full-time
equivalent student for apportionment purposes.
   (c) The Board of Governors of the California Community Colleges
and the Trustees of the California State University shall prescribe
rules and regulations for the implementation of this section.
   (d) Student information obtained in the implementation of this
section is confidential. 
   (e) This section shall remain in effect only until July 1, 2011,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2011, deletes or extends that date. 

  SEC. 4.    Section 68130.5 of the Education Code
is amended to read:
   68130.5.  
   SEC. 6.    Section   68130.5 is added to the
  Education Code   , to read: 
    68130.5.   Notwithstanding any other law:
   (a) A student, other than a nonimmigrant alien within the meaning
of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the
United States Code, who meets all of the following requirements
shall be exempt from paying nonresident tuition at the California
State University and the California Community Colleges:
   (1) Secondary school attendance in California for three or more
years, at least one year of which shall have been at high school.
   (2) Graduation from a California secondary school or attainment of
the equivalent thereof.
   (3) Registration as an entering student at, or current enrollment
at, an accredited institution of higher education in California not
earlier than the fall semester or quarter of the 2001-02 academic
year.
   (4) In the case of a person without lawful immigration status, the
filing of an affidavit with the institution of higher education
stating that the student has filed an application to legalize his or
her immigration status, or will file an application as soon as he or
she is eligible to do so.
   (b) A student exempt from nonresident tuition under this section
may be reported by a community college district as a full-time
equivalent student for apportionment purposes.
   (c) The Board of Governors of the California Community Colleges
and the Trustees of the California State University shall prescribe
rules and regulations for the implementation of this section.
   (d) Student information obtained in the implementation of this
section is confidential. 
   (e) This section shall become operative on July 1, 2011. 
   SEC. 5.   SEC. 7.   Section 69508.5 is
added to the Education Code, to read:
   69508.5.   (a)    Notwithstanding any other law,
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) This section shall become operative on July 1, 2011. 
   SEC. 6.   SEC. 8.   Section 76300.5 is
added to the Education Code, to read:
   76300.5.   (a)    A district shall waive the
fees of a person who is exempt from paying nonresident tuition under
Section 68130.5, and who otherwise qualifies for a waiver under
Section 76300, under regulations and procedures adopted by the board
of governors. 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) This section shall become operative on July 1, 2011. 
   SEC. 7.   SEC. 9.   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.
                                                 ____ CORRECTIONS
Text--Pages 5 and 6.
             ____