BILL NUMBER: AB 882 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 30, 2011
AMENDED IN SENATE JUNE 30, 2011
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY APRIL 25, 2011
INTRODUCED BY Assembly Members Cook and Blumenfield
FEBRUARY 17, 2011
An act to amend Sections 68074 and 68075 of the Education
Code, and to repeal, add, and repeal Section 974.5 of the Military
and Veterans Code, relating to military and veterans.
LEGISLATIVE COUNSEL'S DIGEST
AB 882, as amended, Cook. Veterans and military: benefits
and services. public post-secondary education.
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 of the United States 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.
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.
Existing law establishes the Department of Veterans Affairs within
state government and sets forth its powers and duties, including,
but not limited to, administration of veterans benefits programs.
Existing law establishes the California Veterans Board within the
department and sets forth its powers and duties, including, but not
limited to, its power to determine operational policy for the
department.
The federal Workforce Investment Act of 1998 provides for
workforce investment activities, including activities in which states
may participate. Existing law contains various programs for job
training and employment investment, including work incentive and
employment training outreach programs. Existing law, the California
Workforce Investment Act, requires each local workforce investment
board to establish at least one full service one-stop career center
in the local workforce investment area and to provide specified job
placement services. Existing law authorized the department and the
Employment Development Department (EDD) to enter into interagency
agreements with counties that elected to participate in a specified
program.
This bill would, by January 1, 2013, and until January 1, 2016,
require the department and EDD to enter into agreements with no more
than 4 counties that elect to participate in the County Veterans
Service Center Pilot Program, which this bill would establish.
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) A student 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 is
entitled to resident classification only for the purpose of
determining the amount of tuition and fees.
(b) If that member of the 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 of the United States, or (2)
is thereafter retired as an active member of the Armed Forces of the
United States, the student dependent shall not lose his or her
resident classification 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) 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) 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 974.5 of the Military and
Veterans Code is repealed.
SEC. 4. Section 974.5 is added to the Military
and Veterans Code, to read:
974.5. (a) The purpose of this section is to establish the County
Veterans Service Center Pilot Program to provide a mechanism to
facilitate the delivery of complete, efficient, information and other
services to veterans in a convenient setting.
(b) By January 1, 2013, the Department of Veterans Affairs and the
Department of Employment Development shall enter into interagency
agreements with no more than four individual counties that elect to
participate in the program pursuant to this section, after a
determination that services to be provided pursuant to this section
could improve the state's delivery of services and benefits to
veterans and aid veterans in obtaining services and benefits to which
veterans are entitled. Services provided pursuant to this section
shall not be contrary to the purposes of, nor shall they be in
conflict with, any one-stop service program provided under federal
guidelines. Pursuant to the agreements, the departments may agree to
provide resources and staff, or both, as necessary to locate within a
single facility owned by the participating county, the state, or
both.
(c) The veteran service center shall be staffed with persons
knowledgeable in employment and veterans benefits issues, including,
but not limited to, workforce development, job training, educational
benefits, compensation and pension benefits, and low-interest
financing offered through CalVet for home loans and farm purchases,
and shall contain all necessary resources, information, forms, and
other materials necessary for a veteran to receive full employment
assistance and a complete assessment of veterans benefits to which he
or she is entitled.
(d) This section shall remain in effect only until January 1,
2016, and as of that date is repealed.
SEC. 5. SEC. 3. 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.