BILL ANALYSIS
AB 1413
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CONCURRENCE IN SENATE AMENDMENTS
AB 1413 (Coto)
As Amended August 31, 2010
Majority vote
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|ASSEMBLY: | |(May 14, 2009) |SENATE: |23-13|(August 31, |
| | | | | |2010) |
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(vote not relevant)
Original Committee Reference: INS.
SUMMARY : Effective July 1, 2011, expands eligibility for state
postsecondary financial aid to include students who are exempted
from paying nonresident tuition due to specified provisions in
law [created by AB 540 (Firebaugh), Chapter 814, Statutes of
2001]. Specifically, this bill :
1)Allows eligible California high school graduates, as defined,
to participate in the Cal Grant Entitlement award programs.
2)Prohibits AB 540 students from receiving Competitive Cal Grant
awards unless funding remains available after all non-AB 540
California students have received the Competitive Cal Grant
awards for which they are eligible.
3)Becomes operative July 1, 2011, and only if SB 1460 (Cedillo)
of the 2009-10 Regular Session is enacted and becomes
operative on or before January 1, 2011.
4)Finds and declares that this bill is a state law within the
meaning of subsection (d) of Section 1621 of Title 8 of the
United States Code.
The Senate amendments delete this bill's provisions and add the
current provisions, which were contained in SB 1460 (Cedillo)
until they were removed in the Assembly Appropriations Committee
on August 16, 2010.
EXISTING LAW :
1)Provides for a variety of student financial aid programs
including the Cal Grant programs, the California Community
AB 1413
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Colleges (CCC) fee waiver, a variety of system wide and/or
campus-specific grant and/or loan programs, and other
state-administered financial aid programs. Participation in
these programs is, among other criteria, typically needs-based
and limited to California residents.
2)Exempts specified California nonresidents from paying
nonresident tuition at the University of California (UC), the
California State University (CSU), and CCC, also known as the
AB 540 nonresident tuition waiver, if they meet all of the
following:
a) Attended a California high school for three or more
years;
b) Graduated from a California high school or attained an
equivalent degree;
c) Registered or attended an accredited California higher
education institution beginning of after fall of the
2001-02 academic year; and,
d) If an alien without lawful immigration status, have
filed an affidavit stating that the student has filed an
application to legalize his or her immigration status or
will file such an application as soon as he or she is
eligible to so do.
AS PASSED BY THE ASSEMBLY , this bill provided that if an insured
purchased a fire insurance policy that provides extended or
guaranteed replacement cost coverage, then the full scope of
that coverage is available whether the insured rebuilds at the
original or a new location, among other provisions.
FISCAL EFFECT : General Fund costs of about $19 million in
2011-12, increasing annually thereafter with increased caseload
and grant levels.
COMMENTS : Federal law prohibits undocumented students from
receiving any aid from the federal government, such as Pell
Grants and federal student loans, and prevents states from
offering public benefits to undocumented students unless the
state passes a statute expressly qualifying undocumented
students for such benefits.
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AB 540 students are typically aliens without lawful immigration
status or United States citizens or Permanent Residents who are
residents of another state and would be ineligible for
state-administered or campus-based financial aid programs
without the provisions of AB 540.
A similar measure, SB 1460 (Cedillo), which passed the
Legislature on August 31, 2010, would make AB 540 students
eligible for institutional aid administered by UC and CSU and
for CCC fee waivers. Prior to the August 16, 2010, amendments,
SB 1460 contained the provisions that are currently in this
bill.
Students who receive a waiver of non-resident tuition at UC,
CSU, and CCC still face significant costs, including resident
fees, books, supplies, food, rent, transportation, and other
miscellaneous items. CSAC estimates the nine-month cost of
education in 2010-11 for California students living off-campus
to be $16,497, in addition to system wide and campus fees.
Since 2003, the Legislature has considered several bills that
were substantively similar to this measure. The most recent
similar bill to go before the Governor was SB 1301 (Cedillo) of
2008; the Governor's veto message read: "I share the author's
goal of making affordable education available to all California
students, but given the precarious fiscal condition the state
faces at this time, it would not be prudent to place additional
demands on our limited financial aid resources as specified in
this bill. For this reason, I am unable to sign this bill."
Analysis Prepared by : Sandra Fried / HIGHER ED. / (916)
319-3960
FN: 0006916