Bill Text: CA AB2159 | 2009-2010 | Regular Session | Amended

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Bill Title: Public postsecondary education: student residency

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-05-28 - In committee: Set, second hearing. Held under submission. [AB2159 Detail]

Download: California-2009-AB2159-Amended.html

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BILL NUMBER: AB 2159	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 8, 2010
	AMENDED IN ASSEMBLY  MARCH 22, 2010

INTRODUCED BY   Assembly Member Anderson

                        FEBRUARY 18, 2010

   An act to amend Section 68075.5 of  , and to repeal
Section 68130.5 of, the Education Code, and to repeal Section 1 of
Chapter 814 of the Statutes of 2001   the Education Code
 , relating to public postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2159, as amended, Anderson. Public postsecondary education:
student residency requirements.
   (1) Existing law establishes uniform student residency
requirements for purposes of ascertaining the amount of tuition and
fees to be paid by students of public postsecondary educational
institutions. Existing law entitles a student who was a member of the
Armed Forces of the United States stationed in this state on active
duty for more than one year immediately prior to being discharged
from the Armed Forces to resident classification for the length of
time he or she lives in this state after being discharged up to the
minimum time necessary to become a resident.
   This bill would additionally entitle a student who was a member of
the Armed Forces of the United States to resident classification,
regardless of whether the student was stationed in this state on
active duty or the length of time for which the student was stationed
in this state on active duty, if the student meets specified
eligibility requirements.
   To the extent that the bill would require community college
districts to revise their procedures for calculating enrollment fees
for students, the bill would impose a state-mandated local program.

   (2) 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 an affidavit as specified, is exempted from paying nonresident
tuition at the California Community Colleges and the California State
University. The act enacting that exemption also made related
legislative findings and declarations.  
   This bill would repeal that exemption and those legislative
findings and declarations.  
   (3) 
    (2)  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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 68075.5 of the Education Code is amended to
read:
   68075.5.  (a) A student who was a member of the Armed Forces of
the United States stationed in this state on active duty for more
than one year immediately prior to being discharged from the Armed
Forces is entitled to resident classification for the length of time
he or she lives in this state after being discharged up to the
minimum time necessary to become a resident.
   (b) (1) A student who was a member of the Armed Forces of the
United States is entitled to resident classification for the length
of time he or she lives in this state after being discharged up to
the minimum time necessary to become a resident, regardless of
whether the student was stationed in this state on active duty or the
length of time for which the student was stationed in this state on
active duty, if the student meets all of the following requirements:
   (A) Is eligible for benefits pursuant to the federal Post-9/11
Veterans Educational Assistance Act of 2008 (Title V of Public Law
110-252).
   (B) Is honorably discharged from service.
   (C) Provides documentation of a domicile in the state.
   (2) For purposes of this subdivision, "domicile" means a place in
which the student's habitation is fixed, where the student has the
intention of remaining, and to which, whenever he or she is absent,
he or she has the intention of returning. At a given time, a student
may have only one domicile. 
  SEC. 2.    Section 68130.5 of the Education Code
is repealed.  
  SEC. 3.    Section 1 of Chapter 814 of the
Statutes of 2001 is repealed. 
   SEC. 4.   SEC. 2.   If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.