BILL NUMBER: AB 454	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Knight

                        FEBRUARY 24, 2009

   An act to repeal Section 68130.5 of the Education Code, and to
repeal Section 1 of Chapter 814 of the Statutes of 2001, relating to
public postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 454, as introduced, Knight. Public postsecondary education:
exemption from nonresident tuition.
   Existing law requires 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 exempt from paying nonresident
tuition at the California Community Colleges and the California State
University. The act enacting that exemption made related legislative
findings and declarations.
   This bill would repeal the exemption and those legislative
findings and declarations.
   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  Section 68130.5 of the Education Code is repealed.

   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. 
  SEC. 2.  Section 1 of Chapter 814 of the Statutes of 2001 is
repealed. 
  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.