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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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  MARCH 22, 2010

INTRODUCED BY   Assembly Member Anderson

                        FEBRUARY 18, 2010

    An act to repeal Section 68130.5 of the Education Code,
to add Article 5 (commencing with Section 275) to Chapter 3 of Part 1
of Division 2 of the Military and Veterans Code, and to repeal
Section 1 of Chapter 814 of the Statutes of 2001, relating to
postsecondary education.   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, relating
to public postsecondary education. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2159, as amended, Anderson.  Postsecondary education.
  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.
 
   (1) 
    (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. 
   (2) Existing law establishes the segments of the public
postsecondary education system in the state, including the University
of California, administered by the Regents of the University of
California, the California State University, administered by the
Trustees of the California State University, and the California
Community Colleges, administered by the Board of Governors of the
California Community Colleges.  
   Existing law provides certain benefits for qualifying members of
the California National Guard.  
   This bill would require the University of California, the
California State University, or the California Community Colleges, as
applicable, to provide a specified waiver of tuition and fees
charged to a qualified member, as defined. These provisions would
apply to the University of California only to the extent the regents
make them applicable by resolution.  
   (3) 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:  no   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   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   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. 
   SECTION 1.   SEC. 2.   Section 68130.5
of the Education Code is repealed. 
  SEC. 2.    Article 5 (commencing with Section 275)
is added to Chapter 3 of Part 1 of Division 2 of the Military and
Veterans Code, to read:

      Article 5.  California National Guard Education Assistance Act


   275.  (a) Notwithstanding any other law, the University of
California, the California State University, or the California
Community Colleges, as applicable, shall provide a tuition and fee
waiver to a qualified member to meet the full cost, as authorized by
this section, of any mandatory systemwide tuition or fees, including
enrollment fees, registration fees, differential fees, or incidental
fees, charged to a qualified member.
   (b) A qualified member shall receive tuition and fee waivers for
up to 60 semester units, or the equivalent thereof, for every three
years that he or she has committed to serve in the California
National Guard.
   (c) The total amount of tuition and fee waivers authorized by this
section shall not exceed 120 semester units, or the equivalent
thereof, per qualified member.
   (d) The tuition and fee waivers authorized by this section shall
only be available to a qualified member for a period of seven years
following the date that the qualified member fulfills the service
commitments necessary to receive the tuition and fee waivers.
   (e) The tuition and fee waivers authorized by this section shall
not be provided for any mandatory systemwide tuition and fees,
including enrollment fees, registration fees, differential fees, or
incidental fees, that are covered by a Cal Grant that has been
awarded to the qualified member, or by a Board of Governors
Enrollment Fee Waiver for which the qualified member is otherwise
eligible to receive.
   (f) A tuition and fee waiver, as authorized by this section, shall
be provided only to a qualified member who made a timely application
for all Cal Grant assistance for which the member may qualify for
the academic year in which a tuition and fee waiver is under
consideration.
   (g) For purposes of the section, "qualified member" means a person
who:
   (1) Has served or is currently serving in the California National
Guard, and has maintained satisfactory service throughout the period
that qualifies him or her for educational assistance under this
section.
   (2) Has committed to at least three years of service in the
California National Guard.
   (3) Is accepted for enrollment at a campus of the University of
California, the California State University, or the California
Community Colleges.
   (h) A person who joined the California National Guard prior to
January 1, 2011, shall be required to recommit to the California
National Guard for at least three additional years, in order to
receive the educational assistance under this section.
   (i) A qualified member who is dismissed from a campus of the
University of California, the California State University, or the
California Community Colleges due to poor academic performance shall
not be eligible to receive the educational assistance under this
section in the future.
   (j) A qualified member who receives educational assistance under
this section and fails to fulfill his or her commitment to the
California National Guard shall pay to the postsecondary institution
an amount equal to the value of the tuition and fee waiver received
under this section.
   (k) The Military Department shall determine whether an individual
meets the requirements of "qualified member" as set forth in
subdivision (g).
   (l) This section shall not apply to the University of California,
except to the extent that the Regents of the University of
California, by appropriate resolution, make this section applicable.

  SEC. 3.  Section 1 of Chapter 814 of the Statutes of 2001 is
repealed.
   SEC. 4.    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.