California 2009-2010 Regular Session Status: To Executive Bipartisan · 1 R · 1 D cosponsors

SB 1460 — Student financial aid: eligibility: California Dream Act of 2010.

Last action — Died on file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(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 Text

Action History

  1. Died on file.

  2. In Senate. To unfinished business. (Veto)

  3. Vetoed by Governor.

  4. Enrolled. To Governor at 4 p.m.

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

  6. In Senate.

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

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

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

  10. Read second time. To third reading.

  11. Read second time. Amended. To second reading.

  12. (Heard in committee August 12.)

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

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

  15. (Heard in committee on June 22.)

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

  17. To Com. on HIGHER ED.

  18. In Assembly. Read first time. Held at Desk.

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

  20. (June 2 amended measure version corrected June 10.)

  21. Read second time. Amended. To third reading.

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

  23. (Suspense - for vote only.)

  24. Set for hearing May 27.

  25. Placed on APPR suspense file.

  26. Set for hearing May 3.

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

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

  29. Set for hearing April 14.

  30. To Com. on ED.

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

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

Sponsors

  • Brian W. Jones · Cosponsor
  • Ammiano · Cosponsor
  • Brownley · Cosponsor
  • Cedillo · Primary
  • John A. Perez · Cosponsor
  • De Leon · Cosponsor
  • Salas · Cosponsor
  • Correa · Cosponsor
  • Coto · Cosponsor
  • DeSaulnier · Cosponsor
  • Ducheny · Cosponsor
  • Eng · Cosponsor
  • Florez · Cosponsor
  • Furutani · Cosponsor
  • Hancock · Cosponsor
  • Leno · Cosponsor
  • Ma · Cosponsor
  • Mendoza · Cosponsor
  • Nava · Cosponsor
  • Romero · Cosponsor
  • Torlakson · Cosponsor
  • Torrico · Cosponsor
  • Wiggins · Cosponsor
  • Yee · Cosponsor
  • Stephen C. Padilla · Cosponsor
  • Vince Fong · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 25 co-sponsors · 96 not signed on · 4 voted No

Sponsors (1)

  • Cedillo

Co-sponsors (25)

  • Jones, Brian W. Republican
  • Ammiano
  • Brownley
  • John A. Perez
  • De Leon
  • Salas
  • Correa
  • Coto
  • DeSaulnier
  • Ducheny
  • Eng
  • Florez
  • Furutani
  • Hancock
  • Leno
  • Ma
  • Mendoza
  • Nava
  • Romero
  • Torlakson
  • Torrico
  • Wiggins
  • Yee
  • Padilla, Stephen C. Democratic
  • Vince Fong

Not signed on (96)

96 members have not signed on to this bill.

Show all 96 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 1460 Cedillo Senate Third Reading By TORRICO

Passed 57 Yea · 30 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 532803
Democratic 3000
Republican 1200
Total 573003
% of votes cast 63%33%0%3%
How each member voted (90)
Member Party Vote
Hall — Yea
Charles — Yea
Bass — Yea
Block — Yea
Feuer — Yea
Fuentes — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Carter — Yea
Chesbro — Yea
Bill — Nay
Tom — Nay
Fuller — Nay
Galgiani — Yea
Garrick — Nay
Fletcher — Nay
Audra — Nay
Conway — Nay
Coto — Yea
Gilmore — Nay
Hagman — Nay
Harkey — Nay
Hernandez — Yea
Hill — Yea
Huber — Nay
Jeffries — Nay
Lieu — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Nava — Yea
Nestande — Nay
Ruskin — Yea
Silva — Nay
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Villines — Nay
Adams — Nay
Ammiano — Yea
Anderson — Nay
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Not Voting
Hayashi — Yea
Huffman — Yea
Knight — Nay
Ma — Yea
Monning — Yea
Nielsen — Nay
Norby — Not Voting
Solorio — Yea
Torres — Yea
Tran — Not Voting
Cook — Nay
Eng — Yea
Evans — Yea
Davis — Yea
DeVore — Nay
Yamada — Yea
Furutani — Yea
Gatto — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

W/O REF. TO FILE SB1460 Cedillo Concurrence

Passed 22 Yea · 12 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 201205
Democratic 2000
Republican 0001
Total 221206
% of votes cast 55%30%0%15%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Wyland — Nay
Hollingsworth — Nay
Cogdill — Nay
Huff — Nay
Leno — Yea
Lowenthal — Yea
Negrete — Yea
Corbett — Yea
Ducheny — Yea
McLeod — Yea
Runner — Nay
Ashburn — Nay
Dutton — Nay
Pavley — Yea
Price — Yea
Walters — Nay
Simitian — Not Voting
Wiggins — Not Voting
Aanestad — Nay
Alquist — Yea
Blakeslee — Nay
Harman — Nay
Kehoe — Yea
Liu — Yea
Oropeza — Not Voting
Romero — Yea
Steinberg — Yea
Wolk — Yea
Wright — Yea
Emmerson — Nay
Correa — Yea
DeSaulnier — Not Voting
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

SB 1460 Cedillo Senate Third Reading Amend By FURUTANI Set #1

Passed 56 Yea · 29 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 532804
Democratic 2001
Republican 1101
Total 562906
% of votes cast 62%32%0%7%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Nay
Evans — Yea
Fuentes — Yea
Fuller — Nay
Garrick — Nay
Gilmore — Nay
Hagman — Nay
Hall — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Cook — Nay
Coto — Yea
Bill — Nay
Tom — Nay
Hernandez — Yea
Hill — Yea
Lieu — Yea
Ma — Yea
Fletcher — Nay
Anderson — Nay
Bass — Yea
Blakeslee — Nay
Davis — Yea
DeVore — Nay
Monning — Yea
Nava — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Charles — Not Voting
Audra — Not Voting
Galgiani — Not Voting
Huber — Nay
Jeffries — Nay
Knight — Nay
Nestande — Nay
Norby — Nay
Silva — Nay
Tran — Nay
Villines — Nay
Adams — Nay
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hayashi — Yea
Huffman — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Nielsen — Nay
Ruskin — Yea
Smyth — Not Voting
Swanson — Yea
Torrico — Yea
Eng — Yea
Feuer — Yea
Yamada — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Not Voting

Official roll call →

Do pass as amended.

Passed 13 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13500
Total 13500
% of votes cast 72%28%0%0%
How each member voted (18)
Member Party Vote
Hall — Yea
De — Yea
Leon — Yea
Fuentes — Yea
Gatto — Yea
Harkey — Nay
Huffman — Yea
Miller — Nay
Nielsen — Nay
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torrico — Yea
Bradford — Yea
Norby — Nay
Conway — Nay
Coto — Yea
Davis — Yea

Official roll call →

Senate 3rd Reading SB1460 Cedillo

Passed 25 Yea · 9 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 23805
Democratic 2000
Republican 0100
Total 25905
% of votes cast 64%23%0%13%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Corbett — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Nay
Cogdill — Nay
Harman — Not Voting
Ducheny — Yea
Huff — Nay
Liu — Yea
McLeod — Yea
Dutton — Nay
Oropeza — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wiggins — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Not Voting
Alquist — Yea
Ashburn — Nay
Hollingsworth — Not Voting
Kehoe — Yea
Leno — Yea
Pavley — Yea
Price — Yea
Wyland — Nay
Correa — Yea
Cox — Not Voting
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 7 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7301
Total 7301
% of votes cast 64%27%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Kehoe — Yea
Leno — Yea
Price — Yea
Walters — Nay
Wolk — Yea
Alquist — Yea
Wyland — Nay
Corbett — Yea
Cox — Not Voting
Denham — Nay

Official roll call →

Placed on Appropriations Suspense file.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Yea
Corbett — Yea
Kehoe — Yea
Leno — Yea
Price — Yea
Walters — Yea
Wolk — Yea
Alquist — Not Voting
Cox — Yea
Denham — Yea

Official roll call →

Subjects

immigration education
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Frequently asked questions

What does SB 1460 do?
(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.
Who sponsors SB 1460?
SB 1460 is sponsored by Jones, Brian W. (Republican), Ammiano, Brownley, Cedillo, John A. Perez, De Leon, Salas, Correa, Coto, DeSaulnier, Ducheny, Eng, Florez, Furutani, Hancock, Leno, Ma, Mendoza, Nava, Romero, Torlakson, Torrico, Wiggins, Yee, Padilla, Stephen C. (Democratic), and Vince Fong.
What is the current status of SB 1460?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1460?
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