BILL NUMBER: AB 540	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Firebaugh

                        FEBRUARY 21, 2001

   An act to amend Section 89706 of, and to add Sections 69504.5 and
76140.1 to, the Education Code, relating to public postsecondary
education.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 540, as introduced, Firebaugh.  Public postsecondary education:
  residency.
   (1) Existing law establishes various state-authorized student aid
programs, including the Cal Grant Program and the Assumption Program
of Loans for Education, that are administered by the Student Aid
Commission and available to eligible students attending segments of
postsecondary education in the state.
   This bill would require that, notwithstanding any other provision
of law, a person meeting the requirements set forth in (2) below
shall be deemed to meet any and all residency requirements with
respect to eligibility for these student aid programs.
   (2) 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 at community college campuses throughout the state.
Existing law authorizes community college districts to admit, and
charge a tuition fee for, nonresident students in accordance with
specified criteria.
   Existing law establishes the California State University, and
authorizes the operation of its various campuses under the
administration of the Trustees of the California State University.
Existing law authorizes the trustees, on the basis of demonstrated
financial need and scholastic achievement, to waive entirely, or
reduce below the minimum rate, the tuition fee of a nonresident
student, as defined.
   Existing law prescribes residency requirements for students at
public institutions of postsecondary education, including, among
others, the campuses of the California Community Colleges and the
California State University. With respect to alien students, existing
law specifies that an alien, including an unmarried minor alien, may
establish his or her residence unless precluded by the federal
Immigration and Nationality Act from establishing domicile in the
United States.
   This bill would require that a person, including an alien
precluded from establishing California residency because of federal
law, who has attended high school in California for 3 or more years,
who has graduated from a California high school, and who continues
his or her education at a California institution of higher education
within one year of high school graduation or on or before January 1,
2002, be exempted, under specified circumstances, from paying
nonresident tuition at the California Community Colleges and the
California State University.  The bill would request the Regents of
the University of California to also exempt these persons from paying
nonresident tuition.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


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


  SECTION 1.  Section 69504.5 is added to the Education Code, to
read:
   69504.5.  Notwithstanding any other provision of law, a person who
meets the requirements of Section 76140.1 or 89706, or who meets
equivalent requirements adopted by the Regents of the University of
California pursuant to the request expressed in Section 4 of the act
that added this section during the 2001-02 Regular Session shall be
deemed to meet any and all residency requirements with respect to
eligibility for any financial aid program administered pursuant to
this chapter.
  SEC. 2.  Section 76140.1 is added to the Education Code, to read:
   76140.1.  Notwithstanding any other provision of law:
   (a) (1) Any person, including an alien precluded from establishing
California residency by reason of subdivision (h) of Section 68062,
who meets all of the requirements set forth in paragraph (2), is
exempt from nonresident tuition.
   (2) (A) High school attendance in California for three or more
years.
   (B) Graduation from a California high school.
   (C) Continuation of his or her education at a California
institution of higher education within one year of high school
graduation or on or before January 1, 2002.
   (b) A student who is exempt from nonresident tuition pursuant to
this section may be reported by a community college district as a
full-time equivalent student for apportionment purposes.
  SEC. 3.  Section 89706 of the Education Code is amended to read:
   89706.   (a)  The trustees may, on the basis of
demonstrated financial need and scholastic achievement, waive
entirely, or reduce below the rate, or the minimum rate, fixed by
Section 89705, the tuition fee of a nonresident student, as defined
in Section 68018, who is a citizen and resident of a foreign country,
who is an undergraduate student of exceptional scholastic ability
and prior scholastic achievement, and who is enrolled in a course of
study of no less than 10 semester units.  
   The  
   (b) The  number of reductions and waivers granted by the
trustees under this section shall at no time exceed 71/2 percent of
the nonresident undergraduate students who are citizens and residents
of a foreign country, then enrolled in the California State
University.  
   (c) (1) Notwithstanding any other provision of law, any person,
including an alien precluded from establishing California residency
by reason of subdivision (h) of Section 68062, who meets all of the
requirements set forth in paragraph (2), is exempt from nonresident
tuition.
   (2) (A) High school attendance in California for three or more
years.
   (B) Graduation from a California high school.
   (C) Continuation of his or her education at a California
institution of higher education within one year of high school
graduation or on or before January 1, 2002.  
  SEC. 4.  (a) The Legislature hereby requests the Regents of the
University of California to take action to exempt from nonresident
tuition any person, including an alien precluded from establishing
California residency by reason of subdivision (h) of Section 68062 of
the Education Code, who has attended high school in California for
three or more years, who has graduated from a California high school,
and who continues his or her education at a California institution
of higher education within one year of high school graduation or on
or before January 1, 2002.