BILL NUMBER: AB 540	CHAPTERED
	BILL TEXT

	CHAPTER  814
	FILED WITH SECRETARY OF STATE  OCTOBER 13, 2001
	APPROVED BY GOVERNOR  OCTOBER 12, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 14, 2001
	PASSED THE SENATE  SEPTEMBER 12, 2001
	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
   (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, Kuehl, McPherson, Perata,
Romero Vasconcellos, and Vincent)

                        FEBRUARY 21, 2001

   An act to add Section 68130.5 to the Education Code, relating to
public postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 540, Firebaugh.  Public postsecondary education:  exemption
from nonresident tuition.
   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, 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, be exempted from paying nonresident
tuition at the California Community Colleges and the California State
University.
   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.


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 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) These pupils have already proven their academic eligibility
and merit by being accepted into our state's colleges and
universities.
   (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 residence
within the meaning of Section 1623 of Title 8 of the United States
Code.
   (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.