California 2017-2018 Regular Session

California Assembly Bill AB1767 Latest Draft

Bill / Amended Version Filed 02/22/2018

                            Amended IN  Assembly  February 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1767Introduced by Assembly Member CervantesJanuary 04, 2018 An act to add Article 16 (commencing with Section 69820) to Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code, relating to student financial aid. LEGISLATIVE COUNSEL'S DIGESTAB 1767, as amended, Cervantes. California Kickstart My Future Loan Forgiveness Program.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. Under existing law, the commission, among other things, administers the Cal Grant Program, the Student Opportunity and Access Program, the Assumption Program of Loans for Education, the Graduate Assumption Program of Loans for Education, the Public Interest Attorney Loan Repayment Program, and the California State Work-Study Program.This bill would establish the California Kickstart My Future Loan Forgiveness Program, under the administration of the commission, to provide student loan forgiveness awards for the purpose of alleviating the burden of federal student loan debt for recent graduates meeting specified requirements. The bill would, subject to an available and sufficient appropriation, authorize an eligible applicant to receive a student loan forgiveness award equal to 100% of his or her monthly federal income-driven repayment plan payments for 24 months of repayment under the federal program. The bill would require a recipient, who no longer meets the specified requirements at the time any payment is made under this program, to refund those payments to the state, and would authorize the Franchise Tax Board to recover the payments owed.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 16 (commencing with Section 69820) is added to Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code, to read: Article 16. California Kickstart My Future Loan Forgiveness Program69820. (a) The California Kickstart My Future Loan Forgiveness Program is hereby established under the administration of the Student Aid Commission.(b) The purpose of the program is to provide grants to eligible applicants to help alleviate the burden of federal student loan debt for recent California state college graduates.(c) The commission shall develop an application process with criteria consistent with requirements of this article, and may adopt rules and regulations for the implementation of the program consistent with this article.69821. For purposes of this article, the following terms have the following meaning:(a) Commission means the Student Aid Commission.(b) Eligible applicant means an applicant who meets the requirements of Section 69822.(c) Income means the total adjusted gross income of the applicant and the applicants spouse, if applicable.(d) Program means the California Kickstart My Future Loan Forgiveness Program.69822. In order to be eligible for an award described in Section 69823, an applicant shall meet all of the following requirements:(a) Be a California resident or meet the requirements of Section 68130.5.(b) Have graduated and obtained an undergraduate degree from a college or university with its headquarters located in California in or after the 201617 201718 academic year.(c) Applied for this program within two years of obtaining the degree described in subdivision (b).(d) Be a participant in a federal income-driven repayment plan whose payment amount is generally 10 percent of discretionary income.(e) Have income of less than fifty thousand dollars ($50,000).(f) Work in California, if employed.(g) Is not in default in the repayment of any state or federal student loan.(h) Has not failed to comply with the terms of any service or repayment condition imposed by an award made pursuant to this chapter.69823. (a) Subject to an available and sufficient appropriation, an eligible applicant shall be eligible for a student loan forgiveness award equal to 100 percent of his or her monthly federal income-driven repayment plan payments for 24 months of repayment under the federal program.(b) (1) An award granted under this section shall be deferred for a recipient who has been granted a deferment or forbearance under the federal income-driven repayment plan.(2) Upon the completion of the deferment or forbearance period, the recipient shall be eligible to receive an award for the remaining time period under this section.(c) (1) A recipient who no longer meets the requirements of Section 69822 at the time any payment is made under this program shall be required to refund those payments to the state.(2) The Franchise Tax Board may recover payments owed pursuant to paragraph (1) in accordance with rules and regulations adopted by the commission.

 Amended IN  Assembly  February 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1767Introduced by Assembly Member CervantesJanuary 04, 2018 An act to add Article 16 (commencing with Section 69820) to Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code, relating to student financial aid. LEGISLATIVE COUNSEL'S DIGESTAB 1767, as amended, Cervantes. California Kickstart My Future Loan Forgiveness Program.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. Under existing law, the commission, among other things, administers the Cal Grant Program, the Student Opportunity and Access Program, the Assumption Program of Loans for Education, the Graduate Assumption Program of Loans for Education, the Public Interest Attorney Loan Repayment Program, and the California State Work-Study Program.This bill would establish the California Kickstart My Future Loan Forgiveness Program, under the administration of the commission, to provide student loan forgiveness awards for the purpose of alleviating the burden of federal student loan debt for recent graduates meeting specified requirements. The bill would, subject to an available and sufficient appropriation, authorize an eligible applicant to receive a student loan forgiveness award equal to 100% of his or her monthly federal income-driven repayment plan payments for 24 months of repayment under the federal program. The bill would require a recipient, who no longer meets the specified requirements at the time any payment is made under this program, to refund those payments to the state, and would authorize the Franchise Tax Board to recover the payments owed.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  February 22, 2018

Amended IN  Assembly  February 22, 2018

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 1767

Introduced by Assembly Member CervantesJanuary 04, 2018

Introduced by Assembly Member Cervantes
January 04, 2018

 An act to add Article 16 (commencing with Section 69820) to Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code, relating to student financial aid. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1767, as amended, Cervantes. California Kickstart My Future Loan Forgiveness Program.

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. Under existing law, the commission, among other things, administers the Cal Grant Program, the Student Opportunity and Access Program, the Assumption Program of Loans for Education, the Graduate Assumption Program of Loans for Education, the Public Interest Attorney Loan Repayment Program, and the California State Work-Study Program.This bill would establish the California Kickstart My Future Loan Forgiveness Program, under the administration of the commission, to provide student loan forgiveness awards for the purpose of alleviating the burden of federal student loan debt for recent graduates meeting specified requirements. The bill would, subject to an available and sufficient appropriation, authorize an eligible applicant to receive a student loan forgiveness award equal to 100% of his or her monthly federal income-driven repayment plan payments for 24 months of repayment under the federal program. The bill would require a recipient, who no longer meets the specified requirements at the time any payment is made under this program, to refund those payments to the state, and would authorize the Franchise Tax Board to recover the payments owed.

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. Under existing law, the commission, among other things, administers the Cal Grant Program, the Student Opportunity and Access Program, the Assumption Program of Loans for Education, the Graduate Assumption Program of Loans for Education, the Public Interest Attorney Loan Repayment Program, and the California State Work-Study Program.

This bill would establish the California Kickstart My Future Loan Forgiveness Program, under the administration of the commission, to provide student loan forgiveness awards for the purpose of alleviating the burden of federal student loan debt for recent graduates meeting specified requirements. The bill would, subject to an available and sufficient appropriation, authorize an eligible applicant to receive a student loan forgiveness award equal to 100% of his or her monthly federal income-driven repayment plan payments for 24 months of repayment under the federal program. The bill would require a recipient, who no longer meets the specified requirements at the time any payment is made under this program, to refund those payments to the state, and would authorize the Franchise Tax Board to recover the payments owed.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Article 16 (commencing with Section 69820) is added to Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code, to read: Article 16. California Kickstart My Future Loan Forgiveness Program69820. (a) The California Kickstart My Future Loan Forgiveness Program is hereby established under the administration of the Student Aid Commission.(b) The purpose of the program is to provide grants to eligible applicants to help alleviate the burden of federal student loan debt for recent California state college graduates.(c) The commission shall develop an application process with criteria consistent with requirements of this article, and may adopt rules and regulations for the implementation of the program consistent with this article.69821. For purposes of this article, the following terms have the following meaning:(a) Commission means the Student Aid Commission.(b) Eligible applicant means an applicant who meets the requirements of Section 69822.(c) Income means the total adjusted gross income of the applicant and the applicants spouse, if applicable.(d) Program means the California Kickstart My Future Loan Forgiveness Program.69822. In order to be eligible for an award described in Section 69823, an applicant shall meet all of the following requirements:(a) Be a California resident or meet the requirements of Section 68130.5.(b) Have graduated and obtained an undergraduate degree from a college or university with its headquarters located in California in or after the 201617 201718 academic year.(c) Applied for this program within two years of obtaining the degree described in subdivision (b).(d) Be a participant in a federal income-driven repayment plan whose payment amount is generally 10 percent of discretionary income.(e) Have income of less than fifty thousand dollars ($50,000).(f) Work in California, if employed.(g) Is not in default in the repayment of any state or federal student loan.(h) Has not failed to comply with the terms of any service or repayment condition imposed by an award made pursuant to this chapter.69823. (a) Subject to an available and sufficient appropriation, an eligible applicant shall be eligible for a student loan forgiveness award equal to 100 percent of his or her monthly federal income-driven repayment plan payments for 24 months of repayment under the federal program.(b) (1) An award granted under this section shall be deferred for a recipient who has been granted a deferment or forbearance under the federal income-driven repayment plan.(2) Upon the completion of the deferment or forbearance period, the recipient shall be eligible to receive an award for the remaining time period under this section.(c) (1) A recipient who no longer meets the requirements of Section 69822 at the time any payment is made under this program shall be required to refund those payments to the state.(2) The Franchise Tax Board may recover payments owed pursuant to paragraph (1) in accordance with rules and regulations adopted by the commission.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Article 16 (commencing with Section 69820) is added to Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code, to read: Article 16. California Kickstart My Future Loan Forgiveness Program69820. (a) The California Kickstart My Future Loan Forgiveness Program is hereby established under the administration of the Student Aid Commission.(b) The purpose of the program is to provide grants to eligible applicants to help alleviate the burden of federal student loan debt for recent California state college graduates.(c) The commission shall develop an application process with criteria consistent with requirements of this article, and may adopt rules and regulations for the implementation of the program consistent with this article.69821. For purposes of this article, the following terms have the following meaning:(a) Commission means the Student Aid Commission.(b) Eligible applicant means an applicant who meets the requirements of Section 69822.(c) Income means the total adjusted gross income of the applicant and the applicants spouse, if applicable.(d) Program means the California Kickstart My Future Loan Forgiveness Program.69822. In order to be eligible for an award described in Section 69823, an applicant shall meet all of the following requirements:(a) Be a California resident or meet the requirements of Section 68130.5.(b) Have graduated and obtained an undergraduate degree from a college or university with its headquarters located in California in or after the 201617 201718 academic year.(c) Applied for this program within two years of obtaining the degree described in subdivision (b).(d) Be a participant in a federal income-driven repayment plan whose payment amount is generally 10 percent of discretionary income.(e) Have income of less than fifty thousand dollars ($50,000).(f) Work in California, if employed.(g) Is not in default in the repayment of any state or federal student loan.(h) Has not failed to comply with the terms of any service or repayment condition imposed by an award made pursuant to this chapter.69823. (a) Subject to an available and sufficient appropriation, an eligible applicant shall be eligible for a student loan forgiveness award equal to 100 percent of his or her monthly federal income-driven repayment plan payments for 24 months of repayment under the federal program.(b) (1) An award granted under this section shall be deferred for a recipient who has been granted a deferment or forbearance under the federal income-driven repayment plan.(2) Upon the completion of the deferment or forbearance period, the recipient shall be eligible to receive an award for the remaining time period under this section.(c) (1) A recipient who no longer meets the requirements of Section 69822 at the time any payment is made under this program shall be required to refund those payments to the state.(2) The Franchise Tax Board may recover payments owed pursuant to paragraph (1) in accordance with rules and regulations adopted by the commission.

SECTION 1. Article 16 (commencing with Section 69820) is added to Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code, to read:

### SECTION 1.

 Article 16. California Kickstart My Future Loan Forgiveness Program69820. (a) The California Kickstart My Future Loan Forgiveness Program is hereby established under the administration of the Student Aid Commission.(b) The purpose of the program is to provide grants to eligible applicants to help alleviate the burden of federal student loan debt for recent California state college graduates.(c) The commission shall develop an application process with criteria consistent with requirements of this article, and may adopt rules and regulations for the implementation of the program consistent with this article.69821. For purposes of this article, the following terms have the following meaning:(a) Commission means the Student Aid Commission.(b) Eligible applicant means an applicant who meets the requirements of Section 69822.(c) Income means the total adjusted gross income of the applicant and the applicants spouse, if applicable.(d) Program means the California Kickstart My Future Loan Forgiveness Program.69822. In order to be eligible for an award described in Section 69823, an applicant shall meet all of the following requirements:(a) Be a California resident or meet the requirements of Section 68130.5.(b) Have graduated and obtained an undergraduate degree from a college or university with its headquarters located in California in or after the 201617 201718 academic year.(c) Applied for this program within two years of obtaining the degree described in subdivision (b).(d) Be a participant in a federal income-driven repayment plan whose payment amount is generally 10 percent of discretionary income.(e) Have income of less than fifty thousand dollars ($50,000).(f) Work in California, if employed.(g) Is not in default in the repayment of any state or federal student loan.(h) Has not failed to comply with the terms of any service or repayment condition imposed by an award made pursuant to this chapter.69823. (a) Subject to an available and sufficient appropriation, an eligible applicant shall be eligible for a student loan forgiveness award equal to 100 percent of his or her monthly federal income-driven repayment plan payments for 24 months of repayment under the federal program.(b) (1) An award granted under this section shall be deferred for a recipient who has been granted a deferment or forbearance under the federal income-driven repayment plan.(2) Upon the completion of the deferment or forbearance period, the recipient shall be eligible to receive an award for the remaining time period under this section.(c) (1) A recipient who no longer meets the requirements of Section 69822 at the time any payment is made under this program shall be required to refund those payments to the state.(2) The Franchise Tax Board may recover payments owed pursuant to paragraph (1) in accordance with rules and regulations adopted by the commission.

 Article 16. California Kickstart My Future Loan Forgiveness Program69820. (a) The California Kickstart My Future Loan Forgiveness Program is hereby established under the administration of the Student Aid Commission.(b) The purpose of the program is to provide grants to eligible applicants to help alleviate the burden of federal student loan debt for recent California state college graduates.(c) The commission shall develop an application process with criteria consistent with requirements of this article, and may adopt rules and regulations for the implementation of the program consistent with this article.69821. For purposes of this article, the following terms have the following meaning:(a) Commission means the Student Aid Commission.(b) Eligible applicant means an applicant who meets the requirements of Section 69822.(c) Income means the total adjusted gross income of the applicant and the applicants spouse, if applicable.(d) Program means the California Kickstart My Future Loan Forgiveness Program.69822. In order to be eligible for an award described in Section 69823, an applicant shall meet all of the following requirements:(a) Be a California resident or meet the requirements of Section 68130.5.(b) Have graduated and obtained an undergraduate degree from a college or university with its headquarters located in California in or after the 201617 201718 academic year.(c) Applied for this program within two years of obtaining the degree described in subdivision (b).(d) Be a participant in a federal income-driven repayment plan whose payment amount is generally 10 percent of discretionary income.(e) Have income of less than fifty thousand dollars ($50,000).(f) Work in California, if employed.(g) Is not in default in the repayment of any state or federal student loan.(h) Has not failed to comply with the terms of any service or repayment condition imposed by an award made pursuant to this chapter.69823. (a) Subject to an available and sufficient appropriation, an eligible applicant shall be eligible for a student loan forgiveness award equal to 100 percent of his or her monthly federal income-driven repayment plan payments for 24 months of repayment under the federal program.(b) (1) An award granted under this section shall be deferred for a recipient who has been granted a deferment or forbearance under the federal income-driven repayment plan.(2) Upon the completion of the deferment or forbearance period, the recipient shall be eligible to receive an award for the remaining time period under this section.(c) (1) A recipient who no longer meets the requirements of Section 69822 at the time any payment is made under this program shall be required to refund those payments to the state.(2) The Franchise Tax Board may recover payments owed pursuant to paragraph (1) in accordance with rules and regulations adopted by the commission.

 Article 16. California Kickstart My Future Loan Forgiveness Program

 Article 16. California Kickstart My Future Loan Forgiveness Program

69820. (a) The California Kickstart My Future Loan Forgiveness Program is hereby established under the administration of the Student Aid Commission.(b) The purpose of the program is to provide grants to eligible applicants to help alleviate the burden of federal student loan debt for recent California state college graduates.(c) The commission shall develop an application process with criteria consistent with requirements of this article, and may adopt rules and regulations for the implementation of the program consistent with this article.



69820. (a) The California Kickstart My Future Loan Forgiveness Program is hereby established under the administration of the Student Aid Commission.

(b) The purpose of the program is to provide grants to eligible applicants to help alleviate the burden of federal student loan debt for recent California state college graduates.

(c) The commission shall develop an application process with criteria consistent with requirements of this article, and may adopt rules and regulations for the implementation of the program consistent with this article.

69821. For purposes of this article, the following terms have the following meaning:(a) Commission means the Student Aid Commission.(b) Eligible applicant means an applicant who meets the requirements of Section 69822.(c) Income means the total adjusted gross income of the applicant and the applicants spouse, if applicable.(d) Program means the California Kickstart My Future Loan Forgiveness Program.



69821. For purposes of this article, the following terms have the following meaning:

(a) Commission means the Student Aid Commission.

(b) Eligible applicant means an applicant who meets the requirements of Section 69822.

(c) Income means the total adjusted gross income of the applicant and the applicants spouse, if applicable.

(d) Program means the California Kickstart My Future Loan Forgiveness Program.

69822. In order to be eligible for an award described in Section 69823, an applicant shall meet all of the following requirements:(a) Be a California resident or meet the requirements of Section 68130.5.(b) Have graduated and obtained an undergraduate degree from a college or university with its headquarters located in California in or after the 201617 201718 academic year.(c) Applied for this program within two years of obtaining the degree described in subdivision (b).(d) Be a participant in a federal income-driven repayment plan whose payment amount is generally 10 percent of discretionary income.(e) Have income of less than fifty thousand dollars ($50,000).(f) Work in California, if employed.(g) Is not in default in the repayment of any state or federal student loan.(h) Has not failed to comply with the terms of any service or repayment condition imposed by an award made pursuant to this chapter.



69822. In order to be eligible for an award described in Section 69823, an applicant shall meet all of the following requirements:

(a) Be a California resident or meet the requirements of Section 68130.5.

(b) Have graduated and obtained an undergraduate degree from a college or university with its headquarters located in California in or after the 201617 201718 academic year.

(c) Applied for this program within two years of obtaining the degree described in subdivision (b).

(d) Be a participant in a federal income-driven repayment plan whose payment amount is generally 10 percent of discretionary income.

(e) Have income of less than fifty thousand dollars ($50,000).

(f) Work in California, if employed.

(g) Is not in default in the repayment of any state or federal student loan.

(h) Has not failed to comply with the terms of any service or repayment condition imposed by an award made pursuant to this chapter.

69823. (a) Subject to an available and sufficient appropriation, an eligible applicant shall be eligible for a student loan forgiveness award equal to 100 percent of his or her monthly federal income-driven repayment plan payments for 24 months of repayment under the federal program.(b) (1) An award granted under this section shall be deferred for a recipient who has been granted a deferment or forbearance under the federal income-driven repayment plan.(2) Upon the completion of the deferment or forbearance period, the recipient shall be eligible to receive an award for the remaining time period under this section.(c) (1) A recipient who no longer meets the requirements of Section 69822 at the time any payment is made under this program shall be required to refund those payments to the state.(2) The Franchise Tax Board may recover payments owed pursuant to paragraph (1) in accordance with rules and regulations adopted by the commission.



69823. (a) Subject to an available and sufficient appropriation, an eligible applicant shall be eligible for a student loan forgiveness award equal to 100 percent of his or her monthly federal income-driven repayment plan payments for 24 months of repayment under the federal program.

(b) (1) An award granted under this section shall be deferred for a recipient who has been granted a deferment or forbearance under the federal income-driven repayment plan.

(2) Upon the completion of the deferment or forbearance period, the recipient shall be eligible to receive an award for the remaining time period under this section.

(c) (1) A recipient who no longer meets the requirements of Section 69822 at the time any payment is made under this program shall be required to refund those payments to the state.

(2) The Franchise Tax Board may recover payments owed pursuant to paragraph (1) in accordance with rules and regulations adopted by the commission.