BILL NUMBER: AB 131	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 17, 2011
	AMENDED IN ASSEMBLY  MARCH 8, 2011

INTRODUCED BY   Assembly Member Cedillo
   (Principal coauthors: Assembly Members Alejo, Roger Hernández, and
Lara)
   (Principal coauthor: Senator De León)
   (Coauthors: Assembly Members Allen, Ammiano, Bonilla, Campos, Eng,
Fong, Furutani, Monning, and Yamada)
   (Coauthors: Senators Hancock, Padilla, and Yee)

                        JANUARY 11, 2011

   An act to  amend Section 68130.7 of, and to  add Sections
66021.6, 69508.5, and 76300.5 to  ,  the Education Code,
relating to student financial aid.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 131, as amended, Cedillo. Student financial aid.
   (1) 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, as of July
1, 2012, to require the Trustees of the California State University
and the Board of Governors of the California Community Colleges, and
to request the regents, to establish procedures and forms that enable
persons who are exempt from paying nonresident tuition under the
provision described in (1) 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, except as provided. This provision
would apply to the University of California only if the regents, by
appropriate resolution, act to make it applicable.
   This bill would provide that persons who are exempt from paying
nonresident tuition under the above provision, 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 require the Student Aid Commission to establish
procedures and forms that enable those persons who are exempt from
paying nonresident tuition under the above provision to apply for,
and participate in, all student financial aid programs administered
by the State of California to the full extent permitted by federal
law. This bill would prohibit persons who are exempt from paying
nonresident tuition under the provision described above from being
eligible for Competitive Cal Grant A and B Awards unless specified
conditions are met. The bill would make these provisions operative as
of July 1, 2012.
   (2) 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 amendments to the
Donahoe Higher Education Act 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, 2012, 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.  Section 66021.6 is added to the Education Code, to
read:
   66021.6.  (a) Notwithstanding any other law, and except as
provided for in subdivision (b), 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 Section 1621(d) of Title 8 of the United States
Code.
   (b) The number of financial aid awards received by California
resident students from financial aid programs administered by the
segments shall not be diminished as a result of the application of
subdivision (a). The University of California is requested to comply
with this subdivision.
   (c) This section shall become operative on July 1, 2012.
   SEC. 2.    Section 68130.7 of the  
Education Code   is amended to read: 
   68130.7.  If a state court finds that Section  66021.6 or
 68130.5, or any similar provision adopted by the Regents of the
University of California, is unlawful, the court may order, as
equitable relief, that the administering entity that is the subject
of the lawsuit terminate any waiver awarded under that statute or
provision, but no money damages, tuition refund or waiver, or other
retroactive relief, may be awarded. In any action in which the court
finds that Section  66021.6 or  68130.5, or any similar
provision adopted by the Regents of the University of California, is
unlawful, the California Community Colleges, the California State
University, and the University of California are immune from the
imposition of any award of money damages, tuition refund or waiver,
or other retroactive relief.
   SEC. 2.   SEC. 3.   Section 69508.5 is
added to the Education Code, to read:
   69508.5.  (a) Notwithstanding any other law, and except as
provided for in subdivision (c), 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) Notwithstanding any other law, the Student Aid Commission
shall 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 financial aid programs administered
by the State of California to the full extent permitted by federal
law.
   (c) A student who is exempt from paying nonresident tuition under
Section 68130.5 shall not be eligible for Competitive Cal Grant A and
B Awards unless funding remains available after all California
students not exempt pursuant to Section 68130.5 have received
Competitive Cal Grant A and B Awards that they are eligible for.
   (d) This section shall become operative on July 1, 2012.
   SEC. 3.   SEC. 4.   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 Section 1621(d) of Title 8 of the United States
Code.
   (b) This section shall become operative on July 1, 2012.
   SEC. 4.   SEC. 5.   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.