SB 1460

  • California Senate Bill
  • 2009-2010 Regular Session
  • Introduced in Senate Feb 19, 2010
  • Passed Senate Jun 03, 2010
  • Passed Assembly Aug 31, 2010
  • Governor

Student financial aid: eligibility: California Dream Act of 2010.

Abstract

(1) Existing law requires that a person, other than a nonimmigrant alien, as defined, who has attended high school in California for 3 or more years, who has graduated from a California high school or attained the equivalent thereof, who has registered at or attends an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001–02 academic year, and who, if he or she is an alien without lawful immigration status, has filed a prescribed affidavit, is exempt from paying nonresident tuition at the California Community Colleges and the California State University. This bill would enact the California Dream Act of 2010. The bill, as of July 1, 2011, would exempt a person who has attended, for 3 or more years, at least one of which shall have been in a high school, and graduated from, secondary school in California from paying nonresident tuition at the California Community Colleges and the California State University. Under the bill, persons attending and graduating from California technical schools and adult schools, as well as high schools, would be included within the scope of this provision. (2) The Donahoe Higher Education Act sets forth, among other things, the missions and functions of California's public and independent segments of higher education, and their respective institutions of higher education. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make a provision applicable. In any action in which a state court finds that a specified law, or any similar provision adopted by the regents, is unlawful, existing law authorizes the court to order the administering entity that is the subject of the lawsuit to terminate any waiver awarded under that statute or action, as equitable relief, prohibits the award of money damages, tuition refund or waiver, or other retroactive relief, and provides that the California Community Colleges, the California State University, and the University of California are immune from the imposition of any award of money damages, tuition refund or waiver, or other retroactive relief in a lawsuit. This bill would amend the Donahoe Higher Education Act, as of July 1, 2011, to require the Trustees of the California State University and the Board of Governors of the California Community Colleges, and to request the regents, to establish procedures and forms that enable persons who are exempt from paying nonresident tuition under the provision described in (1) above, or who meet equivalent requirements adopted by the regents, to apply for, and participate in, all student aid programs administered by these segments to the full extent permitted by federal law, except as provided. This provision would apply to the University of California only if the regents, by appropriate resolution, act to make it applicable. If a state court finds that this provision, or a similar provision adopted by the regents, is unlawful, this bill would provide that the same limitations described above would apply. This bill would further provide that, on and after January 1, 2011, a student attending the California State University, the California Community Colleges, or the University of California who is exempt from paying nonresident tuition under the provision described above would be eligible to receive a scholarship derived from nonstate funds received, for the purpose of scholarships, by the segment at which he or she is a student. Existing federal law requires that a state may provide that an alien who is not lawfully present in the United States is eligible for any state or local public benefit for which that alien would otherwise be ineligible under a specified federal law only through enactment of a state law that affirmatively provides for that eligibility. This bill would find and declare that the amendments to the Donahoe Higher Education Act described above are state laws within the meaning of this federal provision. (3) Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction, for prescribed fees, at community college campuses throughout the state. Existing law authorizes the waiver of these fees for, among others, students who are eligible under income standards established by the board of governors. This bill, as of July 1, 2011, would require community college districts to waive the fees of persons who are exempt from nonresident tuition under the provision described in (1) above, and who otherwise qualify for a waiver under this provision, under regulations and procedures adopted by the board of governors. Because the bill would impose new duties on community college districts with respect to determining eligibility for fee waivers, the bill would constitute a state-mandated local program. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Bill Sponsors (26)

Votes


Actions


Nov 30, 2010

Senate

Died on file.

Sep 30, 2010

Senate

In Senate. To unfinished business. (Veto)

Senate

Vetoed by Governor.

Sep 08, 2010

California State Legislature

Enrolled. To Governor at 4 p.m.

Aug 31, 2010

Assembly

Read third time. Passed. (Ayes 48. Noes 27. Page 6936.) To Senate.

Senate

Senate concurs in Assembly amendments. (Ayes 21. Noes 12. Page 5105.) To enrollment.

Senate

In Senate.

Aug 23, 2010

Assembly

Assembly Rule 69(d) suspended. (Ayes 49. Noes 27. Page 6491.)

Aug 20, 2010

Assembly

Read third time. Amended. (Ayes 48. Noes 27. Page 6435.) To third reading.

Aug 17, 2010

Assembly

Read second time. To third reading.

Aug 16, 2010

Assembly

Read second time. Amended. To second reading.

Aug 13, 2010

Assembly

From committee: Do pass as amended. (Ayes 12. Noes 5.)

Assembly

(Heard in committee August 12.)

Aug 05, 2010

Assembly

Set, first hearing. Referred to APPR. suspense file.

  • Referral-Committee
APPR APPR. suspense file.

Jun 23, 2010

Assembly

From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 6. Noes 2.) Re-referred to Com. on APPR.

  • Referral-Committee
  • Committee-Passage-Favorable
  • Committee-Passage
Com. on APPR. (Ayes 6. Noes 2.) Re-referred to Com. on APPR.

Assembly

(Heard in committee on June 22.)

Jun 10, 2010

Assembly

To Com. on HIGHER ED.

Jun 03, 2010

Assembly

In Assembly. Read first time. Held at Desk.

Senate

Read third time. Passed. (Ayes 24. Noes 9. Page 3785.) To Assembly.

Jun 02, 2010

Senate

From committee: Do pass as amended. (Ayes 7. Noes 3. Page 3676.)

Senate

(June 2 amended measure version corrected June 10.)

Senate

Read second time. Amended. To third reading.

May 21, 2010

Senate

Set for hearing May 27.

Senate

(Suspense - for vote only.)

May 03, 2010

Senate

Placed on APPR suspense file.

Apr 23, 2010

Senate

Set for hearing May 3.

Apr 21, 2010

Senate

Read second time. Amended. Re-referred to Com. on APPR.

  • Referral-Committee
  • Reading-2
  • Reading-1
Com. on APPR.

Apr 20, 2010

Senate

From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 6. Noes 2. Page 3184.)

Mar 17, 2010

Senate

Set for hearing April 14.

Mar 11, 2010

Senate

To Com. on ED.

Feb 21, 2010

Senate

From print. May be acted upon on or after March 23.

Feb 19, 2010

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB1460 HTML
02/19/10 - Introduced PDF
04/21/10 - Amended Senate PDF
06/02/10 - Amended Senate PDF
08/16/10 - Amended Assembly PDF
08/20/10 - Amended Assembly PDF
09/02/10 - Enrolled PDF

Related Documents

Document Format
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Sources

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