BILL NUMBER: SB 1466	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 23, 2012
	AMENDED IN ASSEMBLY  AUGUST 20, 2012
	AMENDED IN ASSEMBLY  JUNE 25, 2012
	AMENDED IN SENATE  MAY 25, 2012
	AMENDED IN SENATE  MAY 2, 2012
	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator De León

                        FEBRUARY 24, 2012

   An act to  add and repeal Section 69432.75 of the
Education Code, relating to student financial aid  
amend Section 830.31 of the Penal Code, relating to peace officers
 .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1466, as amended, De León.  Student financial aid: Cal
Grant Program eligibility.   Peace officers: City of Los
Angeles.  
   Existing law provides that an officer of the Department of General
Services of the City of Los Angeles is a peace officer if he or she
is designated by the general manager of the department and his or her
primary duty is the enforcement of the law in or about properties
owned, operated, or administered by the department or when performing
necessary duties with respect to patrons, employees, and properties
of the department. A peace officer designated pursuant to those
provisions and authorized to carry firearms by the department is
required to complete an introductory course of firearm training and
requalify for the use of firearms every 6 months, and prohibits the
peace officer from carrying a firearm when he or she is not on duty.
 
   This bill would instead provide that an officer of the Department
of General Services who was transferred to the Los Angeles Police
Department is a peace officer if he or she is designated by the Chief
of Police of the Los Angeles Police Department, or his or her
designee, and the peace officer's primary duty is the enforcement of
the law in or about properties owned, operated, or administered by
the City of Los Angeles or when performing necessary duties, as
specified. The bill would delete the provisions requiring a peace
officer designated pursuant to those provisions to requalify for the
use of firearms every 6 months, and would also delete the prohibition
on carrying firearms while not on duty.  
   Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant
Program (Cal Grant Program), establishes the Cal Grant A and B
Entitlement awards, the California Community College Transfer
Entitlement awards, the Competitive Cal Grant A and B awards, the Cal
Grant C awards, and the Cal Grant T awards under the administration
of the Student Aid Commission, and establishes eligibility
requirements for awards under these programs for participating
students attending qualifying institutions. The Cal Grant Program
establishes different maximum household income levels for recipients
of each of those Cal Grant awards.  
   This bill would, commencing with the 2014-15 academic year, and
notwithstanding any other law, require a student to be eligible for
the receipt of a Cal Grant award funded from the Higher Education
Investment Tax Credit Program Special Fund pursuant to specified
priorities if he or she meets the requirements established for a Cal
Grant award for the 2011-12 academic year, except that a student
granted the lowest priority may have a maximum household income that
is no greater than an amount adopted by the commission pursuant to
specified procedures. The bill would state that any moneys that may
be appropriated for purposes of this bill would be required to be in
addition to, and intended to supplement, other moneys appropriated
for the Cal Grant Program. The bill also would provide that those
moneys are intended to provide initial and renewal Entitlement and
Competitive Cal Grant A and B awards and Cal Grant Transfer
Entitlement awards, pursuant to specified priorities, to students who
would otherwise be ineligible if not for the expanded eligibility
provided by this bill. The bill would provide that awards provided by
this bill are payable only to the extent that funds are available
for distribution, and would require the commission to inform each
recipient of an award under this bill that the award is for one
academic year only and is not an entitlement and that future awards
are subject to the availability of funds for distribution. The bill
would repeal this provision on a specified date, and would make
specified findings and declarations relating to the need to fund
postsecondary education.  
   This bill would not become operative until the Franchise Tax Board
sends a letter to the Student Aid Commission verifying that
legislation has been enacted that provides for an investment tax
credit for the purpose of funding this bill. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


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

   SECTION 1.    Section 830.31 of the   Penal
Code   is amended to read: 
   830.31.  The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 as to
any public offense with respect to which there is immediate danger to
person or property, or of the escape of the perpetrator of that
offense, or pursuant to Section 8597 or 8598 of the Government Code.
These peace officers may carry firearms only if authorized, and under
the terms and conditions specified, by their employing agency.
   (a) A police officer of the County of Los Angeles, if the primary
duty of the officer is the enforcement of the law in or about
properties owned, operated, or administered by his or her employing
agency or when performing necessary duties with respect to patrons,
employees, and properties of his or her employing agency.
   (b) A person designated by a local agency as a park ranger and
regularly employed and paid in that capacity, if the primary duty of
the officer is the protection of park and other property of the
agency and the preservation of the peace therein.
   (c) (1) A peace officer of the Department of General Services of
the City of Los Angeles  who was transferred to the Los Angeles
Police Department and  designated by the  general
manager of the department   Chief of Police of the Los
Angeles Police   Department, or his or her designee  ,
if the primary duty of the officer is the enforcement of the law in
or about properties owned, operated, or administered by  his
or her employing agency   the City of Los Angeles 
or when performing necessary duties with respect to patrons,
employees, and properties of  his or her employing agency
  the City of Los Angeles. For purposes of this section,
  "properties" means city offices, city buildings,
facilities, parks, shops, yards, and warehouses, and the areas
adjacent thereto  .
   (2) A peace officer designated pursuant to this subdivision, and
authorized to carry firearms by  his or her employing agency
  the Los Angeles Police Department  , shall
satisfactorily complete the introductory course of firearm training
required by Section 832  and shall requalify in the use of
firearms every six months  . 
   (3) Notwithstanding any other provision of law, a peace officer
designated pursuant to this subdivision who is authorized to carry a
firearm by his or her employing agency while on duty shall not be
authorized to carry a firearm when he or she is not on duty.

   (d) A housing authority patrol officer employed by the housing
authority of a city, district, county, or city and county or employed
by the police department of a city and county, if the primary duty
of the officer is the enforcement of the law in or about properties
owned, operated, or administered by his or her employing agency or
when performing necessary duties with respect to patrons, employees,
and properties of his or her employing agency. 
  SECTION 1.    The Legislature finds and declares
all of the following:
   (a) In addressing California's fiscal crisis, state budget
solutions over the last several fiscal years have included deep cuts
and payment deferrals that have decimated billions of dollars in
funding for all segments of postsecondary education.
   (b) In 2000, the state contributed 18.6 billion dollars to public
postsecondary education, and this funding has declined every year
since then. In the 2010-11 fiscal year, the state contributed 12.4
billion dollars to postsecondary education.
   (c) The share of expenditures borne by students in the form of
fees has tripled, from 13 percent in 2000, to 40 percent in 2011,
making a public postsecondary education unaffordable for the middle
class. Most middle income students are leaving school thousands of
dollars in debt, and they end up sending monthly payments to
out-of-state banks rather than contributing to the local economy.
   (d) With less access to postsecondary education due to courses
being cut, each year students are taking longer and longer to
graduate. It now takes the average student 7 years to graduate from a
California Community College, 6.5 years to graduate from a
California State University, and 4.5 years to graduate from a
University of California.
   (e) Educational attainment levels predict the overall economic
performance of states and nations. California was always among the
top states in degree-completion rates, but it now ranks among the
bottom 10 states.
   (f) By 2018, 63 percent of all of jobs in the United States will
require some form of postsecondary education or training, according
to estimates by the Georgetown University Center on Education and the
Workforce. The United States is on track to deliver only a fraction
of this education. Currently, only 38 percent of America's young
adults have a college degree, compared to 58 percent in South Korea.
   (g) California's postsecondary education system has helped build
and sustain an entrepreneurial spirit that has shaped new sectors of
the state's economy. During tough times like these, we need novel
approaches to steer the state back on track.
   (h) Estimates show that the Higher Education Investment Tax Credit
Program Special Fund will be fully subscribed for each of the five
years of the program, allowing the California Student Aid Commission
to expand eligibility for Cal Grant awards for middle class families.

   (i) All Californians deserve access to an affordable postsecondary
education.  
  SEC. 2.    Section 69432.75 is added to the
Education Code, to read:
   69432.75.  (a) Commencing with the 2014-15 academic year, and
notwithstanding any other law, a student shall be eligible for the
receipt of a Cal Grant award funded from the Higher Education
Investment Tax Credit Program Special Fund pursuant to the priorities
established in subdivision (b) if he or she meets the requirements
established for a Cal Grant award for the 2011-12 academic year,
except that for students granted priority pursuant to paragraph (3)
of subdivision (b) the maximum household income shall be no greater
than the maximum household income level adopted pursuant to
subdivision (d).
   (b) The commission shall grant the following priorities when using
funds from the Higher Education Investment Tax Credit Program
Special Fund to award Cal Grants to students eligible pursuant to
subdivision (a):
   (1) First priority shall be given to students who meet the
eligibility requirements established for an Entitlement Cal Grant A
or B award or a Cal Grant Transfer Entitlement award for the 2011-12
academic year.
   (2) Second priority shall be given to students who meet the
eligibility requirements established for a Competitive Cal Grant A or
B award for the 2011-12 academic year, up to the maximum number of
awards authorized for Competitive Cal Grant A or B awards in the
annual Budget Act.
   (3) Third priority shall be given to all other students who meet
the eligibility requirements established for an Entitlement Cal Grant
A or B award or a Cal Grant Transfer Entitlement award for the
2011-12 academic year, except that, notwithstanding subdivision (k)
of Section 69432.7, these students may have a maximum household
income no greater than the maximum household income level adopted
pursuant to subdivision (d).
   (c) (1) Any moneys that may be appropriated from the Higher
Education Investment Tax Credit Program Special Fund for purposes of
this section shall be in addition to, and are intended to supplement,
other moneys appropriated for the Cal Grant Program.
   (2) Any moneys that may be appropriated from the Higher Education
Investment Tax Credit Program Special Fund for purposes of this
section are intended to provide initial and renewal Entitlement and
Competitive Cal Grant A and B awards and Cal Grant Transfer
Entitlement awards, pursuant to the priorities specified in (b), to
students who would otherwise be ineligible if not for the expanded
eligibility provided by this section.
   (d) Commencing on April 1, 2014, and each April 1 thereafter, the
commission shall certify the funds available for distribution from
the Higher Education Investment Tax Credit Program Special Fund for
the following award year commencing on July 1, adjusted by the
difference between the estimated awards and the actual awards for the
preceding award year. The amount available for distribution in any
award year shall not exceed 80 percent of the fund balance.
Notwithstanding any other law, the commission shall thereafter
determine the highest maximum household income level that is capable
of being supported by the funds available for distribution for the
following award year. The commission shall thereafter adopt that
amount as the maximum household income level for the following award
year.
   (e) If, after making awards for an award year pursuant to this
section, funds remain in the Higher Education Investment Tax Credit
Program Special Fund, those funds shall remain in the Higher
Education Investment Tax Credit Program Special Fund and be available
for allocation in future award years.
   (f) Awards provided by this section are payable only to the extent
that funds are available for distribution from the Higher Education
Investment Tax Credit Program Special Fund. The commission shall
inform each recipient of an award under this section that the award
is for one academic year only and is not an entitlement and that
future awards are subject to the availability of funds for
distribution in the Higher Education Investment Tax Credit Program
Special Fund.
   (g) This section shall remain in effect until December 1, 2018, or
until all funds in the Higher Education Investment Tax Credit
Program Special Fund are expended, whichever date comes last, and as
of that date is repealed, unless a later enacted statute, that is
enacted before December 1, 2018, or before the date when all funds in
the Higher Education Investment Tax Credit Program Special Fund are
expended, whichever comes last, deletes or extends that period.
 
  SEC. 3.    This act shall not become operative
until the Franchise Tax Board sends a letter to the Student Aid
Commission verifying that legislation has been enacted that provides
for an investment tax credit for the purpose of funding this act.