BILL NUMBER: AB 540	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 1, 2001

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,   add Section 69504.5 to 
the Education Code, relating to public postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 540, as amended, Firebaugh.  Public postsecondary education:
residency. 
   (1) Existing  
   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  
   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   express various findings and
declarations of the Legislature, and statements of legislative
intent, with respect to the impact of student aid residency
requirements and nonresident tuition payment requirements on
undocumented students  .
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  
yes   no  . State-mandated local program:  no.


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


  SECTION 1.   (a) The Legislature hereby finds and declares all
of the following:
   (1) There are a large number of high school students who have
lived in this country for most of their lives, and are precluded from
obtaining an affordable college education because they are required
to pay nonresident tuition rates.
   (2) Many of these students live in families where some family
members are undocumented, some are legal permanent residents, and
others are United States citizens.
   (3) Allowing these students to obtain a college education by
paying resident tuition rates would not constitute a benefit because
the students would still be required to pay tuition.
   (4) Enabling these students to pay resident tuition rates would
allow them to realize their dreams of obtaining a college education.

   (b) It is the intent of the Legislature that any person, including
an alien precluded from establishing California residency by reason
of subdivision (h) of Section 68062 of the Education Code, who meets
both of the following requirements should be exempt from nonresident
tuition rates at the California Community Colleges and the California
State University:
   (1) Graduation from a California high school.
   (2) Continuation of his or her education at a California
institution of higher education not later than one year from the date
of his or her high school graduation or January 1, 2002.
   (c) It is also the intent of the Legislature that a student who is
exempt from nonresident tuition rates for the reasons set forth in
subdivision (b) should be reported by a community college district as
a full-time equivalent student for apportionment purposes.
  SEC. 2.   Section 69504.5 is added to the Education Code, to
read:
   69504.5.   Notwithstanding   It is the intent
of the Legislature that, 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   should  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.
   (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.