BILL NUMBER: AB 131	CHAPTERED
	BILL TEXT

	CHAPTER  604
	FILED WITH SECRETARY OF STATE  OCTOBER 8, 2011
	APPROVED BY GOVERNOR  OCTOBER 8, 2011
	PASSED THE SENATE  AUGUST 31, 2011
	PASSED THE ASSEMBLY  SEPTEMBER 2, 2011
	AMENDED IN SENATE  AUGUST 30, 2011
	AMENDED IN ASSEMBLY  MAY 27, 2011
	AMENDED IN ASSEMBLY  APRIL 6, 2011
	AMENDED IN ASSEMBLY  MARCH 17, 2011
	AMENDED IN ASSEMBLY  MARCH 8, 2011

INTRODUCED BY   Assembly Member Cedillo
   (Principal coauthors: Assembly Members Alejo, Roger Hernández,
Lara, and V. Manuel Pérez)
   (Principal coauthors: Senators Alquist, Calderon, and De León)
   (Coauthors: Assembly Members Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Charles Calderon, Campos,
Davis, Eng, Fong, Fuentes, Furutani, Gordon, Hueso, Bonnie Lowenthal,
Mendoza, Mitchell, Monning, Pan, Perea,  John A. Pérez, Portantino,
Solorio, Wieckowski, Williams, and Yamada)
   (Coauthors: Senators Correa, Evans, Hancock, Hernandez, Lowenthal,
Padilla, Price, 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, 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 student, 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
January 1, 2013, 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 students who are exempt from paying nonresident
tuition under the above-described provision, 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 students 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 students 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 students 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 January 1, 2013.
   (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 January 1, 2013, would require community college
districts to waive the fees of students 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.



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 January 1, 2013.
  SEC. 2.  Section 68130.7 of the Education Code is amended to read:
   68130.7.  If a state court finds that Section 66021.6, 66021.7, 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, 66021.7, 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. 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 student 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 students 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 January 1, 2013.
  SEC. 4.  Section 76300.5 is added to the Education Code, to read:
   76300.5.  (a) A district shall waive the fees of a student 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 January 1, 2013.
  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.