BILL NUMBER: AB 454	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Knight

                        FEBRUARY 24, 2009

   An act to  repeal   amend  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 amended, Knight. Public postsecondary education:
exemption from nonresident tuition. 
   Existing 
    (1)     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, instead, would authorize the Trustees of the
California State University and the Board of Governors of the
California Community Colleges to exempt a person, other than a
nonimmigrant alien, who meets specified requirements, from paying
nonresident tuition at the California State University and the
California Community Colleges.  
   (2) Existing law authorizes a community college district to report
a student exempt from nonresident tuition under these provisions as
a full-time equivalent student for purposes of receiving state
apportionments.  
   This bill, instead, would prohibit a community college district
and the California State University from reporting, as a
state-supported full-time equivalent student, a student exempt from
nonresident tuition under these provisions for apportionment
purposes.  
   (3) Existing law also requires the Board of Governors of the
California Community Colleges and the Trustees of the California
State University to prescribe rules and regulations for the
implementation of the nonresident tuition exemption provisions. 

   This bill would authorize, rather than require, the board of
governors and the trustees to prescribe these rules and regulations.
 
   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 amended to read: 
   68130.5.  Notwithstanding any other provision of law:
   (a)  A   The Trustees of the California State
University and the Board of Governors of the California Community
Colleges may exempt 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  ,  if the student meets
all of the following requirements  :
   (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  community college district and the California State
  University shall not report a  student exempt from
nonresident tuition under this section  may be reported by a
community college district  as a  state-supported 
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
  may  prescribe rules and regulations for the
implementation of this section.
   (d) Student information obtained in the implementation of this
section is confidential. 
  SECTION 1.    Section 68130.5 of the Education
Code is repealed.  
  SEC. 2.    Section 1 of Chapter 814 of the
Statutes of 2001 is repealed.