Bill Text: CA SB420 | 2013-2014 | Regular Session | Introduced
Bill Title: Public postsecondary education: resident classification.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB420 Detail]
Download: California-2013-SB420-Introduced.html
BILL NUMBER: SB 420 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Walters
FEBRUARY 21, 2013
An act to amend Sections 68074 and 68075 of, and to repeal Section
68075.5 of, the Education Code, relating to public postsecondary
education.
LEGISLATIVE COUNSEL'S DIGEST
SB 420, as introduced, Walters. Public postsecondary education:
resident classification.
Under existing law, the segments of the public postsecondary
education system in the state include the University of California,
which is administered by the Regents of the University of California,
the California State University, which is administered by the
Trustees of the California State University, and the California
Community Colleges, which are administered by the Board of Governors
of the California Community Colleges.
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 education institutions.
Existing law entitles a student to resident classification for the
purpose of determining tuition and fees if the student is a member,
or a child or spouse who is a dependent of a member, of the Armed
Forces of the United States stationed in the state on active duty,
except as specified. Existing law also entitles a student who was a
member of the Armed Forces of the United States stationed in the
state on active duty for more than one year immediately prior to
being discharged from the Armed Forces to resident classification for
a certain length of time.
This bill would expand the provisions entitling students to
resident classification for the purpose of determining tuition and
fees to include every student who is a member of the armed forces
reserve and every student who is a dependent child or dependent
spouse of a member of the armed forces reserve. The bill would delete
the existing provisions providing for resident classification for
students who were members of the Armed Forces of the United States
who were discharged within the immediately prior year, and would
instead entitle every student who is a veteran and every student who
is a dependent child or dependent spouse of a veteran to resident
classification for the purpose of determining tuition and fees. The
bill would request the Regents of the University of California to
establish the same residency requirements as those established by
this bill for students enrolled at the University of California. To
the extent the bill would require community college districts to
exempt more students from nonresident tuition, the bill would impose
a state-mandated local program.
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 68074 of the Education Code is amended to read:
68074. (a) A student who is a natural or adopted child,
stepchild, or spouse who is a dependent of (1) a member of
the Armed Forces of the United States stationed in this state on
active duty , (2) a member of the armed forces
reserve, or (3) a veteran, as defined in Section 88113, is
entitled to resident classification only for the purpose of
determining the amount of tuition and fees.
(b) If that member of the Armed Forces of the United States
or the armed forces reserve , whose
dependent natural or adopted child, stepchild, or spouse is in
attendance at an institution, (1) is thereafter transferred on
military orders to a place outside this state where the member
continues to serve in the Armed Forces of the United States or
armed forces reserve , or (2) is thereafter retired as an active
member of the Armed Forces of the United States or
the armed forces reserve , the student dependent shall not lose
his or her resident classification so long as he or she remains
continuously enrolled at that institution.
SEC. 2. Section 68075 of the Education Code is amended to read:
68075. (a) A student who is a member of the Armed Forces of the
United States stationed in this state on active duty, a member
of the armed forces reserve , or a veteran, as defined in
Section 88113, except a member of the Armed Forces assigned for
educational purposes to a state-supported institution of higher
education, is entitled to resident classification only for the
purpose of determining the amount of tuition and fees.
(b) If that member of the Armed Forces of the United
States who is in attendance at an institution the
student is thereafter transferred on military orders to a place
outside this state where the member continues to serve in the Armed
Forces of the United States, he or she shall not lose his or her
resident classification so long as he or she remains continuously
enrolled at that institution.
SEC. 3. Section 68075.5 of the Education Code is repealed.
68075.5. (a) Except as provided for in subdivisions (b) and (c),
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 shall be exempt from paying
nonresident tuition 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) Except as provided for in subdivision (c), a community
college 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 shall be exempt from paying
nonresident tuition for up to one year if he or she files an
affidavit with the community college stating that he or she intends
to establish residency in California as soon as possible.
(2) The one year exemption provided in paragraph (1) shall be used
while the student lives in this state and within two years of being
discharged.
(c) A former member of the Armed Forces of the United States who
received a dishonorable or bad conduct discharge shall not be
eligible for an exemption pursuant to this section.
SEC. 4. The Legislature hereby requests the Regents of the
University of California to establish the same residency
classifications for students enrolled at the University of California
as those enacted by this act.
SEC. 5. 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.
