BILL NUMBER: AB 540	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 7, 2001
	AMENDED IN SENATE  JULY 3, 2001
	AMENDED IN SENATE  JUNE 20, 2001
	AMENDED IN ASSEMBLY  MAY 1, 2001

INTRODUCED BY   Assembly Members Firebaugh and Maldonado
    (Coauthors: Assembly Members Cedillo, Chan, Chavez, Diaz,
Koretz, Reyes, Steinberg, Strom-Martin, and Vargas) 
    (Principal coauthor:  Assembly Member Alquist) 
    (Coauthors:  Assembly Members Aroner, Calderon, Cedillo,
Chan, Chavez, Chu, Diaz, Frommer, Keeley, Koretz, Oropeza, Reyes,
Steinberg, Strom-Martin, Vargas, and Wiggins) 
   (Coauthors:  Senators Chesbro, Escutia,  McPherson,
  Kuehl, McPherson, Perata, Romero  Vasconcellos,
and Vincent)

                        FEBRUARY 21, 2001

   An act to  amend Section 89706 of, and to add Sections
69504.5 and 76140.1 to,   add Section 68130.5 to 
the Education Code, relating to public postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 540, as amended, Firebaugh.  Public postsecondary education:
 residency  exemption from nonresident tuition
 . 
   (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 eligible 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.   These provisions are applicable to the
University of California only if the Regents of the University of
California act to make them applicable. 
   This bill would require that a person,  including an alien
precluded from establishing California residency because of federal
law, but excluding   other than  a nonimmigrant
alien as defined, who has attended high school in California for 3 or
more years,  and  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,  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.  
   The bill would authorize a student exempt from nonresident tuition
under the bill to be reported by a community college district as a
full-time student for apportionment purposes.  The bill would require
student information obtained in the implementation of the bill to be
confidential. 
   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.  (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 
 high school pupils who have attended elementary and secondary
schools in this state for most of their lives and who are likely to
remain, but  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) Many of the parents of these students have contributed,
through their labor and taxes, to the state's economic prosperity.
   (4) These students  
   (2) These pupils  have already proven their academic
eligibility and merit by being accepted into our state's colleges and
universities.  
   (5) A fair tuition policy for all Californians that includes
immigrant students will increase the state's collective productivity
and economic growth.  These immigrant students cannot afford the
prohibitive cost of nonresident tuition, and are unable to attend our
state's colleges and universities.
   (6) Giving these students an exemption from nonresident tuition,
and allowing them to pay resident tuition, creates a higher standard
for California immigrant students than for United States citizens or
legal residents from other states who move to California to attend
our colleges and universities.  Out-of-state students merely have to
live in California for a year and a day to be eligible for resident
tuition.
   (7)  
   (3) A fair tuition policy for all high school pupils in California
ensures access to our state's colleges and universities, and thereby
increases the state's collective productivity and economic growth.
   (4) This act, as enacted during the 2001-02 Regular Session,
allows all persons, including undocumented immigrant students who
meet the requirements set forth in Section 68130.5 of the Education
Code, to be exempt from nonresident tuition in California's colleges
and universities.
   (5)  This act, as enacted during the 2001-02 Regular Session,
does not confer postsecondary education benefits on the basis of
 residency   residence  within the meaning
of Section 1623 of Title 8 of the United States Code.  
  SEC. 2.  Section 69504.5 is added to the Education Code, to

    (b) It is the intent of the Legislature that:
   (1) A state court may award only prospective injunctive and
declaratory relief to a party in any lawsuit interpreting Section
68130.5 of the Education Code, as added by this act during the
2001-02 Regular Session, or any lawsuit interpreting similar
requirements adopted by the Regents of the University of California
pursuant to Section 68134 of the Education Code.
   (2) This act will have no impact on the ability of California's
public colleges and universities to assess nonresident tuition on
students who are not within the scope of this act.
  SEC. 2.  Section 68130.5 is added to the Education Code, to read:
   68130.5.  Notwithstanding any other provision of law:
   (a) A student, other than a nonimmigrant alien within the meaning
of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the
United States Code, who meets all of the following requirements
shall be exempt from paying nonresident tuition at the California
State University and the California Community Colleges:
   (1) High school attendance in California for three or more years.

   (2) Graduation from a California high school or attainment of the
equivalent thereof.
   (3) Registration as an entering student at, or current enrollment
at, an accredited institution of higher education in California not
earlier than the fall semester or quarter of the 2001-02 academic
year.
   (4) In the case of a person without lawful immigration status, the
filing of an affidavit with the institution of higher education
stating that the student has filed an application to legalize his or
her immigration status, or will file an application as soon as he or
she is eligible to do so.
   (b) A student exempt from nonresident tuition under this section
may be reported by a community college district as a full-time
equivalent student for apportionment purposes.
   (c) The Board of Governors of the California Community Colleges
and the Trustees of the California State University shall prescribe
rules and regulations for the implementation of this section.
   (d) Student information obtained in the implementation of this
section is confidential.   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
eligible for any financial aid program administered pursuant to this
part.
  SEC. 3.  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,
but excluding a nonimmigrant alien within the meaning of paragraph
(15) of subsection (a) of Section 1101 of Title 8 of the United
States Code who is required to maintain a foreign residence, who
meets both 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 or attainment of the
equivalent thereof.
   (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. 4.  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, but excluding a
nonimmigrant alien within the meaning of paragraph (15) of subsection
(a) of Section 1101 of Title 8 of the United States Code who is
required to maintain a foreign residence, who meets both 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 or attainment of the
equivalent thereof.
  SEC. 5.  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, but excluding a nonimmigrant alien within the
meaning of paragraph (15) of subsection (a) of Section 1101 of Title
8 of the United States Code who is required to maintain a foreign
residence, who has attended high school in California for three or
more years and who has graduated from a California high school or
attainment of the equivalent thereof.  
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