BILL NUMBER: AB 2766 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 17, 2016
INTRODUCED BY Assembly Member Lopez
(Coauthor: Assembly Member Brown)
FEBRUARY 19, 2016
An act to amend Section 69510 Sections
69510, 69511, and 69511.5 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, wh
who 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. The bill would make conforming and nonsubstantive
changes.
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.
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 to 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.
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)
(c) 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)
(d) 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)
(e) 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)
(f) (1) 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.
The
(2) 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
(3) 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
(4) Before adopting a state plan,
the Student Aid Commission, commission,
acting as the state commission on federal scholarships or
grants, shall hold public hearings as provided in the California
Administrative Procedure Act.
SEC. 2.5. Section 69511 of the
Education Code is amended to read:
69511. (a) (1) Except as provided in
subdivision (b), each member of the commission
commission, other than a student member, shall have a
four-year term; provided, that members appointed pursuant to
subdivision (d) of Section 69510 shall have terms of two academic
years. term.
(2) (A) A student member appointed pursuant to subdivision (d) of
Section 69510 shall have a term of two academic years.
(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.
(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.
(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)
(c) 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)
(d) 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)
(e) (1) 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.
(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.
(g)
(f) (1) 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.
The
(2) 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
(3) 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
(4) Before adopting a state plan,
the Student Aid Commission, 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 69511.5 of the Education
Code is amended to read:
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.
(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.
(d)
(c) Participating student organizations designated in
subdivision (b) shall inform students within their respective segment
of pending student vacancies on the commission.
(e)
(d) The person appointed as a student member of the
Student Aid Commission commission
pursuant to this section shall be subject to confirmation by the
Senate as required in subdivision (d) (c)
of Section 69511.
SEC. 4. 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.