BILL NUMBER: AB 63 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Donnelly
DECEMBER 9, 2010
An act to amend Sections 68074, 68075, and 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 63, as introduced, Donnelly. Public postsecondary education:
tuition and fees.
(1) Existing law establishes uniform student residency
requirements for purposes of ascertaining the amount of fees to be
paid by students at public institutions of higher education in the
state. Existing law entitles an undergraduate student who is a
dependent of a member of the Armed Forces stationed in this state on
active duty to resident classification for purposes of determining
the amount of tuition and fees. Existing law entitles a graduate
student, under the same circumstances, to resident classification for
no more than one academic year, after which he or she is subject to
the general provisions otherwise establishing student residency
requirements.
Existing law allows a student dependent of a member of the Armed
Forces to keep his or her resident classification until he or she has
resided in the state for the minimum time necessary to become a
resident in the event the member of the Armed Forces upon whom they
are dependent is transferred outside of the state or retires as an
active member of the Armed Forces.
Existing law also grants a member of the Armed Forces who is
stationed in the state on active duty, except a member assigned for
educational purposes to a state-supported institution of higher
education, to resident classification for tuition purposes. A member
of the Armed Forces seeking a graduate degree is entitled to resident
classification for no more than 2 academic years.
Federal law prohibits a state receiving federal assistance under
the Higher Education Opportunity Act from charging a higher rate for
attendance at a public institution of higher education than is
charged to residents of the state to a member of the Armed Forces who
is on active duty for more than 30 days and whose domicile or
permanent duty station is in the state, or to his or her spouse or
dependent child. Existing federal law requires that the rate continue
to apply so long as the member or his or her spouse or dependent
child is continuously enrolled at the institution, notwithstanding a
subsequent change in the permanent duty station of the member to a
location outside of the state.
This bill would amend state law to conform with federal law
granting a member of the Armed Forces, or his or her dependent, as
provided, entitlement to resident classification for so long as he or
she is continuously enrolled at that institution.
(2) 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, is exempt from paying nonresident
tuition at the California Community Colleges and the California State
University. The act enacting that exemption also made related
legislative findings and declarations.
This bill would delete a person without lawful immigration status
from the exemption from paying nonresident tuition at the California
Community Colleges and the California State University, and would
repeal the legislative findings and declarations referenced above.
(3) The bill would request the Regents of the University of
California to establish the same residency requirements as those
established by this bill for students enrolled at the University of
California.
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 68074 of the Education Code is amended to read:
68074. (a) (1) An
undergraduate A student who is a natural or
adopted child, stepchild, or spouse who is a dependent of a member of
the armed forces Armed Forces of the
United States stationed in this state on active duty shall
be is entitled to resident classification only
for the purpose of determining the amount of tuition and fees.
(2) A student seeking a graduate degree who is a natural or
adopted child, stepchild, or spouse who is a dependent of a member of
the armed forces of the United States stationed in this state on
active duty shall be entitled to resident classification only for the
purpose of determining the amount of tuition and fees for no more
than one academic year, and shall thereafter be subject to Article 5
(commencing with Section 68060).
(b) If that member of the armed forces
Armed Forces of the United States, whose dependent natural or
adopted child, stepchild, or spouse is in attendance at an
institution, (1) is thereafter transferred on military orders to a
place outside this state where the member continues to serve in the
armed forces Armed Forces of the United
States, or (2) is thereafter retired as an active member of the
armed forces Armed Forces of the United
States, the student dependent shall not lose his or her resident
classification until he or she has resided in the state the
minimum time necessary to become a resident so long as
he or she remains continuously enrolled at that institution .
SEC. 2. Section 68075 of the Education Code is amended to read:
68075. (a) An undergraduate A
student who is a member of the Armed Forces of the United States
stationed in this state on active duty, except a member of the Armed
Forces assigned for educational purposes to a state-supported
institution of higher education, is entitled to resident
classification only for the purpose of determining the amount of
tuition and fees.
(b) A student seeking a graduate degree who is a member of the
Armed Forces of the United States stationed in this state on active
duty, except a member of the Armed Forces assigned for educational
purposes to a state-supported institution of higher education, shall
be entitled to resident classification only for the purpose of
determining the amount of tuition and fees for no more than two
academic years, and shall thereafter be subject to Article 5
(commencing with Section 68060).
(b) If that member of the Armed Forces of the United States who is
in attendance at an institution is thereafter transferred on
military orders to a place outside this state where the member
continues to serve in the Armed Forces of the United States, he or
she shall not lose his or her resident classification so long as he
or she remains continuously enrolled at that institution.
SEC. 3. Section 68130.5 of the Education Code is amended to read:
68130.5. Notwithstanding any other provision of law:
(a) A student, other than a person without lawful immigration
status or 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. 4. 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.
SEC. 5. The Legislature hereby requests the Regents of the
University of California to establish the same residency
classifications for students enrolled at the University of California
as those enacted by this act.