Amended in Senate August 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2766

Introduced by Assembly Member Lopez

(Coauthor: Assembly Member Brown)

February 19, 2016

An act to amend begin delete Section 69510 end delete begin insert Sections 69510, 69511, and 69511.5 end insert of the Education Code, relating to student financial aid.

LEGISLATIVE COUNSEL’S DIGEST

AB 2766, as amended, Lopez. Student Aid Commission.

Existing law establishes the Student Aid Commission as the primary state agency for the administration of state-authorized student financial aid programs available to students attending all segments of postsecondary education. Existing law requires the commission to include 2 members, appointed by the Governor, begin delete wh end delete begin insert who end insert are students enrolled in a California postsecondary educational institution.

This bill would instead require the commission to include 4 student members, one from each of the following: the University of California, the California State University, the California Community Colleges, and a California private postsecondary educational institution. begin insert The bill would make conforming and nonsubstantive changes. end insert

begin insert

This bill would incorporate additional changes to Section 69511 of the Education Code proposed by AB 2154 that would become operative if this bill and AB 2154 are both enacted and this bill is enacted last.

end insert

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 69510 of the Education Code is amended
to read:

69510.  

The Student Aid Commission shall be composed of the
following 17 members:

(a) One representative from public, proprietary, or nonprofit
postsecondary schools located in California.

(b) One representative from a California independent college
or university.

(c) One representative each from the University of California,
the California State University, and the California Community
Colleges.

(d) (1) Four student members, one from each of the following
postsecondary educational institutions:

(A) The University of California.

(B) The California State University.

(C) The California Community Colleges.

(D) A California private postsecondary educational institution.

(2) A student member described in begin delete to end delete paragraph (1) shall be
enrolled in the postsecondary educational institution at the time
of appointment, and shall be enrolled in that institution for the
duration of the term. A student member who graduates from an
institution with no more than six months of his or her term
remaining shall be permitted to serve for the remainder of the term.

(e) Three public members.

(f) One representative from a California secondary school.

(g) Two representatives appointed by the Senate Rules
Committee.

(h) Two representatives appointed by the Speaker of the
Assembly.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 69511 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

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.

begin delete

(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)

end delete

begin insert (c) end insert  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.

begin delete

(e)

end delete

begin insert (d) end insert  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.

begin delete

(f)

end delete

begin insert (e) end insert  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.

begin delete

(g)

end delete

begin insert (f) end insert   begin insert (1) end insert begin insert   end insert If an act of Congress establishes a program of
scholarships or grants for undergraduate students 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 Chapter 1.7 (commencing with Section 69430)
of Part 42 of Division 5 of Title 3.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert 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 begin delete such end delete
federal scholarship or grant program within the state.

begin delete

Subject

end delete

begin insert (3) end insert begin insert   end insert begin insert Subject end insert 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.

begin delete

Before

end delete

begin insert (4) end insert begin insert   end insert begin insert Before end insert adopting a state plan, the begin delete Student Aid Commission, end delete
begin insert commission, end insert acting as the state commission on federal scholarships
or grants, shall hold public hearings as provided in the California
Administrative Procedure Act.

begin insert

begin insert SEC. 2.5. end insert   

end insert

begin insert Section 69511 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

69511.  

(a)  begin insert (1) end insert begin insert   end insert Except as provided in subdivision (b), each
member of the begin delete commission end delete begin insert commission, other than a student
member, end insert shall have a four-year begin delete term; provided, that members
appointed pursuant to subdivision (d) of Section 69510 shall have
terms of two academic years. end delete begin insert term. end insert

begin insert

(2) (A) A student member appointed pursuant to subdivision
(d) of Section 69510 shall have a term of two academic years.

end insert begin insert

(B) Upon expiration of the student member’s two-year term, if
the Governor has not appointed a successor, the student member
may remain in office for one additional year or until the Governor
appoints a successor, whichever occurs first. The requirements of
subdivision (d) of Section 69510 do not apply to a student in the
additional year under this paragraph.

end insert begin insert

(C) The commission shall notify the appropriate student
organization for each segment, as described in Section 69511.5,
of a pending student member vacancy no less than three months
before the expiration of the term, and of the appropriate student
organization’s opportunity to submit a list of nominees pursuant
to Section 69511.5.

end insert

(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.

begin delete

(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)

end delete

begin insert (c) end insert  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.

begin delete

(e)

end delete

begin insert (d) end insert  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.

begin delete

(f)

end delete

begin insert (e) end insert   begin insert (1) end insert begin insert   end insert 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.

begin insert

(2) In addition, if a student member who attends a qualifying
institution, as defined in Section 69432.7, is not the recipient of a
Cal Grant award, the qualifying institution, as a condition of
participation in the Cal Grant program, shall waive the student
member’s tuition, up to the maximum award amount for that
institution, for the duration of the student member’s term of office.

end insert begin delete

(g)

end delete

begin insert (f) end insert   begin insert (1) end insert begin insert   end insert If an act of Congress establishes a program of
scholarships or grants for undergraduate students 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 Chapter 1.7 (commencing with Section 69430)
of Part 42 of Division 5 of Title 3.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert 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 begin delete such end delete
federal scholarship or grant program within the state.

begin delete

Subject

end delete

begin insert (3) end insert begin insert   end insert begin insert Subject end insert 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.

begin delete

Before

end delete

begin insert (4) end insert begin insert   end insert begin insert Before end insert adopting a state plan, the begin delete Student Aid Commission, end delete
begin insert commission, end insert acting as the state commission on federal scholarships
or grants, shall hold public hearings as provided in the California
Administrative Procedure Act.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 69511.5 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

69511.5.  

(a) Notwithstanding Section 69511, the Governor
shall appoint each student member of the Student Aid Commission
pursuant to subdivision (d) of Section 69510 from the persons
nominated in accordance with the provisions of subdivision (b).

(b) For each student member of the commission, the appropriate
student organization may submit a list of nominees. The list shall
specify not less than three and not more than five nominees. The
appropriate student organization for each segment shall be a
composite group of at least five representative student government
associations, as determined by the commission.

begin delete

(c) The student member appointed to the commission shall not
be enrolled in the same segment as the outgoing student member
or in the same segment of the other sitting student member.

end delete begin delete

(d)

end delete

begin insert (c) end insert  Participating student organizations designated in subdivision
(b) shall inform students within their respective segment of pending
student vacancies on the commission.

begin delete

(e)

end delete

begin insert (d) end insert  The person appointed as a student member of the begin delete Student
Aid Commission end delete begin insert commission end insert pursuant to this section shall be
subject to confirmation by the Senate as required in subdivision
begin delete (d) end delete begin insert (c) end insert of Section 69511.

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

Section 2.5 of this bill incorporates amendments to
Section 69511 of the Education Code proposed by both this bill
and Assembly Bill 2154. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1,
2017, (2) each bill amends Section 69511 of the Education Code,
and (3) this bill is enacted after Assembly Bill 2154, in which case
Section 2 of this bill shall not become operative.

end insert