BILL ANALYSIS Ó
AB 130
Page 1
ASSEMBLY THIRD READING
AB 130 (Cedillo)
As Amended May 2, 2011
Majority vote
HIGHER EDUCATION 6-3 APPROPRIATIONS 12-3
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|Ayes:|Block, Brownley, Fong, |Ayes:|Fuentes, Blumenfield, |
| |Galgiani, Lara, | |Bradford, Charles |
| |Portantino | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Donnelly, Achadjian, |Nays:|Harkey, Donnelly, Nielsen |
| |Miller | | |
| | | | |
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SUMMARY : Enacts the California Dream Act of 2011, which,
effective January 1, 2012, makes a student who is eligible for
the exemption from nonresident tuition created by specified
provisions of law ƯAB 540 (Firebaugh), Chapter 814, Statutes of
2001] eligible to receive a scholarship, derived from nonstate
funds, received for the purpose of scholarships by the
California public postsecondary institution they are attending.
Provides that in any action in which the court finds the
provisions of this bill or any similar provision adopted by the
Regents of the University of California (UC), is unlawful, the
California Community Colleges (CCC), the California State
University (CSU), and UC are immune from the imposition of any
award of money damages, tuition refund or waiver, or other
retroactive relief.
EXISTING LAW : Exempts specified California nonresidents from
paying nonresident tuition at the UC, the CSU, and the CCC, also
known as the AB 540 nonresident tuition waiver, if they meet all
of the following:
1)Attended a California high school for three or more years.
2)Graduated from a California high school or attained an
equivalent degree.
3)Registered or attended an accredited California higher
AB 130
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education institution beginning after fall of the 2001-02
academic year.
4)If an alien without lawful immigration status, have filed an
affidavit stating that the student has filed an application to
legalize his or her immigration status or will file such an
application as soon as he or she is eligible to so do.
FISCAL EFFECT : No direct state costs. This bill could result
in a reallocation of any available scholarship monies by the
public universities.
COMMENTS : Students who are eligible for resident tuition under
the provisions of AB 540 are typically persons without lawful
immigration status or United States citizens or Permanent
Residents who are residents of another state and are ineligible
for state-administered or campus-based financial aid programs.
According to the segments, in 2009-10, AB 540 students were a
small fraction of enrollment at all three systems, as follows:
1,941 at UC (of these 32% were undocumented immigrants); 3,633
at CSU; and, 38,203 at CCC. CSU and CCC do not identify the
immigration status of AB 540 students but believe that
undocumented students make up a larger proportion of these
students than they do at UC.
According to UC, it cannot award its own funds to undocumented
students, whether they are derived from private gifts to the
university, tuition revenue, or any other source. Thus, when
donors want to help these students, campuses must refer the
donor to external organizations that help undocumented students.
This bill makes AB 540 students eligible for scholarships
derived from nonstate funds that the campuses receive for
scholarships.
Analysis Prepared by : Sandra Fried / HIGHER ED. / (916)
319-3960
FN: 0000382