Bill Text: CA SB160 | 2009-2010 | Regular Session | Introduced


Bill Title: Student financial aid: institutional financial aid

Spectrum: Partisan Bill (Democrat 22-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB160 Detail]

Download: California-2009-SB160-Introduced.html
BILL NUMBER: SB 160	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Cedillo
   (Principal coauthor: Senator Correa)
   (Principal coauthors: Assembly Members Mendoza and John A. Perez)
   (Coauthors: Senators DeSaulnier, Ducheny, Florez, Romero, Wiggins,
and Yee)
   (Coauthors: Assembly Members Brownley, Coto, De Leon, Eng,
Fuentes, Furutani, Galgiani, Ma, Nava, Salas, Torlakson, and Torrico)

                        FEBRUARY 14, 2009

   An act to add Section 66021.6 to the Education Code, relating to
student financial aid.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 160, as introduced, Cedillo. Student financial aid:
institutional financial aid eligibility.
   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. The act applies to the University of California
only to the extent that the Regents of the University of California,
by appropriate resolution, act to make the act applicable.
   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 a person without lawful immigration status, has
filed a prescribed affidavit relating to obtaining lawful immigration
status, is exempt from paying nonresident tuition at the California
Community Colleges and the California State University. Existing law
also requires the waiver of student fees charged by community college
districts for students who demonstrate financial need or are
otherwise eligible for the waiver. Existing law requires the Board of
Governors of the California Community Colleges to allocate, to
community college districts for determining financial need and
delivering student financial aid services, an amount based on the
amount of fees waived.
   This bill would amend the Donahoe Higher Education Act to require
the Trustees of the California State University and the Board of
Governors of the California Community Colleges, and to request the
Regents of the University of California, to establish procedures and
forms that enable persons who are exempt from paying nonresident
tuition under that provision, or who meet equivalent requirements
adopted by the regents, to be eligible to receive institutional
financial aid awards. The bill would define institutional financial
aid as financial assistance offered by a campus of the California
Community Colleges, California State University, or University of
California, including grant, scholarship, workstudy, and loan
programs. The bill would specify that institutional financial aid
does not include a specified board of governors fee waiver. The bill
would declare that it is a state law within the meaning of a federal
statute that permits a state to provide an alien who is not lawfully
present in the United States with eligibility for a state or local
public benefit only through the enactment of a state law
affirmatively providing for that eligibility. The bill would apply to
the University of California only if the regents, by appropriate
resolution, act to make it applicable.
   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 66021.6 is added to the Education Code, to
read:
   66021.6.  (a) Notwithstanding any other law, the Trustees of the
California State University and the Board of Governors of the
California Community Colleges shall, and the Regents of the
University of California are requested to, establish procedures and
forms that enable persons who are exempt from paying nonresident
tuition under Section 68130.5, or who meet equivalent requirements
adopted by the regents, to be eligible to receive institutional
financial aid awards.
   (b) The Legislature finds and declares that this section is a
state law within the meaning of Section 1621(d) of Title 8 of the
United States Code.
   (c) For purposes of this section, "institutional financial aid"
means financial assistance offered by a campus of the California
Community Colleges, California State University, or University of
California, including grant, scholarship, workstudy, and loan
programs.
   (d) For purposes of this section, institutional financial aid does
not include a board of governors fee waiver specified in Section
76300.  
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