BILL NUMBER: AB 882	CHAPTERED
	BILL TEXT

	CHAPTER  730
	FILED WITH SECRETARY OF STATE  OCTOBER 9, 2011
	APPROVED BY GOVERNOR  OCTOBER 9, 2011
	PASSED THE SENATE  SEPTEMBER 6, 2011
	PASSED THE ASSEMBLY  SEPTEMBER 7, 2011
	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,
relating to military and veterans.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 882, Cook. Veterans and military: public postsecondary
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.


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.  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.