BILL NUMBER: SB 940	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Education (Senators Lowenthal (Chair),
Alquist, Blakeslee, Hancock, Huff, Liu, Price, Runner, Simitian, and
Vargas)

                        MARCH 24, 2011

   An act to amend Sections 66747 and 69511 of the Education Code,
and to amend Section 4709 of the Labor Code, relating to public
postsecondary education.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 940, as introduced, Committee on Education. Public
postsecondary education: students.
   Existing law, the Student Transfer Achievement Reform Act,
establishes that the California State University is required to
guarantee admission with junior status to any community college
student who meets the requirements for the associate degree for
transfer. A student admitted to the California State University
pursuant to the act is entitled to receive priority over all other
community college transfer students, excluding community college
students who have entered into a transfer agreement between a
community college and the California State University prior to the
fall term of the 2012-13 academic year.
   Existing law states the intent of the Legislature that specified
categories be followed, insofar as practicable, in numeric order for
the purposes of enrollment planning and admission priority practice
at the undergraduate resident student level for the California State
University and the University of California.
   This bill would require that students admitted to the California
State University and the University of California pursuant to the act
receive priority for purposes of enrollment, if the students have
met the requirements of an approved transfer agreement consistent
with this priority.
   The Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Act
establishes the Cal Grant entitlement awards and the California
Community College Transfer Entitlement Awards, under the
administration of the Student Aid Commission, and establishes
eligibility requirements for awards under these programs for
participating students attending qualifying institutions.
   Existing law provides that if a federal law permits the
administration of a scholarship or grant program by a state agency,
the Student Aid Commission is to administer the program if it is
determined that the participation by the state in the federal
scholarship or grant program would not interfere with or jeopardize
the continuation of a Cal Grant scholarship program established
pursuant to specified provisions of state law.
   This bill would change obsolete references in law to refer to the
current Cal Grant program.
   Existing law provides that a dependent of a peace officer who is
killed in the performance of duty or who dies or is totally disabled
as a result of an accident or an injury that is compensable, as
defined, is entitled to a Cal Grant scholarship at a specified
institution. Existing law provides that a dependent of a peace
officer who is a recipient of a scholarship shall not be precluded
from receiving a Cal Grant award, as specified.
   This bill would change obsolete references in law to refer to the
current Cal Grant program.
   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 66747 of the Education Code is amended to read:

   66747.  Notwithstanding Chapter 4 (commencing with Section 66201),
the California State University shall guarantee admission with
junior status to any community college student who meets all of the
requirements of Section 66746. Admission to the California State
University, as provided under this article, does not guarantee
admission for specific majors or campuses. Notwithstanding Chapter 4
(commencing with Section 66201), the California State University
shall grant a student priority admission to his or her local
California State University campus and to a program or major that is
similar to his or her community college major or area of emphasis, as
determined by the California State University campus to which the
student is admitted. A student admitted under this article shall
receive priority  in enrollment in accordance with subdivision
(a) of Section 66202,  over all other community college transfer
students, excluding community college students who have entered into
a transfer agreement between a community college and the California
State University prior to the fall term of the 2012-13 academic year.
 A student admitted pursuant to this article shall have met the
requirements of an approved transfer agreement consistent with
subdivision (a) of Section 66202. 
  SEC. 2.  Section 69511 of the Education Code is amended to read:
   69511.  (a) Except as provided in subdivision (b), each member of
the commission shall have a four-year term; provided, that members
appointed pursuant to subdivision (d) of Section 69510 shall have
terms of two academic years.
   (b) The term of one member appointed pursuant to subdivision (g)
of Section 69510 and the term of one member appointed pursuant to
subdivision (h) of Section 69510, effective January 1, 1991, shall be
for five years. Each subsequent term for members appointed pursuant
to this subdivision shall be for four years.
   (c) At no time shall both student representatives be enrolled in
the same segment of postsecondary education in California. For
purposes of this subdivision, each postsecondary education program
listed in subdivisions (a), (b), and (c) of Section 69510 is a
segment of postsecondary education in California.
   (d) Appointment to the commission of members appointed pursuant to
subdivisions (a) to (f), inclusive, of Section 69510 shall be made
by the Governor subject to confirmation by the Senate.
   (e) Any vacancy shall be filled by the appointment of a person who
will have the same status as the predecessor of the appointee. The
appointee shall hold office only for the balance of the unexpired
term.
   (f) Each member of the commission shall receive a stipend of one
hundred dollars ($100) for each day in which he or she attends any
meeting of the commission or any meeting of any committee or
subcommittee of the commission, of which committee or subcommittee he
or she is a member, and which committee or subcommittee meeting is
conducted for the purpose of carrying out the powers and duties of
the commission. In addition, each member shall receive his or her
actual and necessary traveling expenses incurred in the course of his
or her duties.
   (g)  Whenever by the provisions of any   If
an  act of Congress  establishes  a program of
scholarships or grants for undergraduate students  is
established which   and  permits administration of
the program within a state by a state agency, the Student Aid
Commission, as established by Section 69510, shall administer the act
within the state if the Governor and the Student Aid Commission, by
a majority vote of its entire membership, determine that the
participation by the state in the federal scholarship or grant
program under the act would not interfere with or jeopardize the
continuation of the scholarship program established under 
Sections 69530 to 69547, inclusive   Chapter 1.7
(commencing with Section 69430) of Part 42 of Division 5 of Title 3
of the Education Code  .
   The commission shall constitute the state commission on federal
scholarships or grants and is hereby empowered to formulate a plan
for development and administration of any such federal scholarship or
grant program within the state.
   Subject to the provisions of this chapter, the commission is
hereby vested with all necessary power and authority to cooperate
with the government of the United States, or any agency or agencies
thereof, in the administration of any act of Congress establishing a
scholarship or grant program and the rules and regulations adopted
thereunder.
   Before adopting a state plan, the Student Aid Commission, acting
as the state commission on federal scholarships or grants, shall hold
public hearings as provided in the California Administrative
Procedure Act.
  SEC. 3.  Section 4709 of the Labor Code is amended to read:
   4709.  (a) Notwithstanding any other provisions of law, a
dependent of a peace officer, as defined in Section 830.1, 830.2,
830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37,
830.38, 830.39, 830.4, 830.5, or 830.6 of the Penal Code, who is
killed in the performance of duty or who dies or is totally disabled
as a result of an accident or an injury caused by external violence
or physical force, incurred in the performance of duty, when the
death, accident, or injury is compensable under this division or
Division 4.5 (commencing with Section 6100) shall be entitled to a
scholarship at any  qualifying  institution described in
subdivision (l) of Section  69535   69432.7
 of the Education Code. The scholarship shall be in an amount
equal to the amount provided a student who has been awarded a Cal
Grant scholarship as specified in  Article 3 (commencing with
Section 69530) of Chapter 2   Chapter 1.7 (commencing
with Section 69430)  of Part 42  of Division 5 of Title 3
 of the Education Code.
   (b) A dependent of an officer or employee of the Department of
Corrections or the Department of the Youth Authority described in
Section  20017.77   20403  of the
Government Code who is killed in the performance of duty, or who dies
or is totally disabled as a result of an accident or an injury
incurred in the performance of duty, when the death, accident, or
injury is caused by the direct action of an inmate, and is
compensable under this division or Division 4.5 (commencing with
Section 6100), shall also be entitled to a scholarship specified in
this section.
   (c) Notwithstanding any other provisions of law, a dependent of a
firefighter employed by a county, city, city and county, district, or
other political subdivision of the state, who is killed in the
performance of duty or who dies or is totally disabled as a result of
an accident or injury incurred in the performance of duty, when the
death, accident, or injury is compensable under this division or
Division 4.5 (commencing with Section 6100), shall also be entitled
to a scholarship specified in this section.
   (d) Nothing in this section shall be interpreted to allow the
admittance of the dependent into a college or university unless the
dependent is otherwise qualified to gain admittance to the college or
university.
   (e) The scholarship provided for by this section shall be paid out
of funds annually appropriated in the Budget Act to the Student Aid
Commission established by Article 2 (commencing with Section 69510)
of Chapter 2 of Part 42  of Division 5 of Title 3  of the
Education Code.
   (f) The receipt of a scholarship provided for by this section
shall not preclude a dependent from receiving a Cal Grant award
pursuant to  Article 3 (commencing with Section 69530) of
Chapter 2   Chapter 1.7 (commencing with Section 69430)
 of Part 42  of Division 5 of Title 3  of the Education
Code, any other grant, or any fee waivers that may be provided by an
institution of higher education. The receipt of a Cal Grant award
pursuant to  Article 3 (commencing with Section 69530) of
Chapter 2   Chapter 1.7 (commencing with Section 69430)
 of Part 42  of Division 5 of Title 3  of the Education
Code, any other grant, or any fee waivers that may be provided by an
institution of higher education shall not preclude a dependent from
receiving a scholarship provided for by this section. 
   (g) The amendments made to this section during the 1995 portion of
the 1995-96 Regular Session shall apply to a student receiving a
scholarship on the effective date of the amendments unless that
application would result in the student receiving a scholarship on
less favorable terms or in a lesser amount, in which case the student
shall continue to receive the scholarship on the same terms and
conditions in effect prior to the effective date of the amendments.
 
   (h) 
    (g)  As used in this section, "dependent" means the
children (natural or adopted) or spouse, at the time of the death or
injury, of the peace officer, law enforcement officer, or
firefighter. 
   (i) 
    (h)  Eligibility for a scholarship under this section
shall be limited to a person who demonstrates financial need as
determined by the Student Aid Commission pursuant to Article 1.5
(commencing with Section 69503) of Chapter 2 of Part 42  of
Division 5 of Title 3  of the Education Code. For purposes of
determining financial need, the proceeds of death benefits received
by the dependent, including, but not limited to, a continuation of
income received from the Public Employees' Retirement System, the
proceeds from the federal Public Safety Officers' Benefits Act, life
insurance policies, proceeds from Sections 4702 and 4703.5, any
private scholarship where receipt is predicated upon the recipient
being the survivor of a deceased public safety officer, the
scholarship awarded pursuant to Section 68120 of the Education Code,
and any interest received from these benefits, shall not be
considered.