BILL NUMBER: SB 842 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 11, 2011
AMENDED IN SENATE APRIL 26, 2011
AMENDED IN SENATE MARCH 24, 2011
INTRODUCED BY Senator Rubio
( Coauthor: Senator Vargas
)
(Coauthor: Assembly Member Alejo)
FEBRUARY 18, 2011
An act to amend Section 68074 of the Education Code, to
add Section 13005.2 to the Vehicle Code, and to add Section
10003 to the Welfare and Institutions Code, relating to state
residency, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 842, as amended, Rubio. California residency.
(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.
This bill would instead provide that a student who is a spouse,
domestic partner, or dependent natural or adopted child or stepchild
of a member of the Armed Forces, as defined, who is, or was, on
active duty at any time on or after January 1, 1991, is exempt from
paying nonresident tuition at the California State University and the
California Community Colleges, regardless of citizenship status.
Because this bill would impose new duties on community college
districts relating to determining whether a student is eligible for
this exemption, it would constitute a state-mandated local program.
The bill would request the Regents of the University of California
to establish the same requirements for exemption from nonresident
tuition as those established by this bill for students enrolled at
the University of California.
(2) Existing
(1) 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 also establishes the
Department of Motor Vehicles, which is charged with various duties,
including reviewing applications and issuing drivers' licenses.
This bill would require the Department of Veterans Affairs to
develop and maintain a program for the issuance of identification
cards establishing California residency to any eligible person, as
defined, who is the spouse, domestic partner, or dependent child of a
member or veteran of the armed services of the United States or the
California National Guard, in accordance with specified requirements.
Possession of a valid California residency identification card would
be evidence that the person is a California resident for the
purposes of entitlement to benefits at all state and local offices.
The bill would require each office of the Department of Motor
Vehicles to perform various duties with respect to distribution,
collection, and processing of the application forms and issuing the
identification cards. Among other responsibilities, the Department of
Veterans Affairs would be responsible for developing protocols to be
used by it and the Department of Motor Vehicles in administering the
program.
(3) Existing
(2) Existing law includes various
public social services programs to provide for protection, care, and
assistance to the people of the state in need of those services, by
providing appropriate aid and services to the needy and distressed.
Counties are responsible for administrating these programs, such as
CalWORKs, Medi-Cal, and in-home supportive services. State funds are
continuously appropriated to pay for a share of costs under the
CalWORKs program.
Existing federal law limits eligibility of aliens for federal
public benefits to those who satisfy the definition of a qualified
alien, with specified exceptions. Existing federal law similarly
limits the provision of state or local public benefits, but
authorizes a state to provide state and local public benefits, as
defined, to an alien who is not lawfully present in the United States
by enactment of a state law that affirmatively provides for that
eligibility.
This bill, notwithstanding any other law, would make the spouse or
domestic partner, or a dependent natural or adopted child or
stepchild, of a member of the Armed Forces of the United States
stationed in this state who is, or was, on active duty at any time on
or after January 1, 1991, eligible to apply for and receive defined
state and local public social services benefits to the same extent as
any other applicant or recipient, regardless of the individual's
immigration status, as specified.
This bill would make an appropriation by expanding eligibility for
the CalWORKs program. In addition, the bill would increase the
duties of counties administering public social services programs,
thereby imposing a state-mandated local program.
(4) The
(3) The California Constitution
requires the state to reimburse local agencies and school districts
for certain costs mandated by the state. Statutory provisions
establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
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 spouse, domestic partner, or a
dependent natural or adopted child or stepchild of a member of the
Armed Forces of the United States who is, or was, on active duty at
any time on or after January 1, 1991, is exempt from paying
nonresident tuition at the California State University and the
California Community Colleges, regardless of the student's
citizenship status.
(b) As used in this section, "Armed Forces of the United States"
means the Air Force, Army, Coast Guard, Marine Corps, National Guard,
Naval Militia, Navy, and the reserve components of each of those
forces, including, but not necessarily limited to, the California
National Guard.
(c) Eligibility under this section may be demonstrated by
presentation of a California residency identification card issued
pursuant to Section 13005.2 of the Vehicle Code.
SEC. 2. SECTION 1. Section 13005.2
is added to the Vehicle Code, to read:
13005.2. (a) The Department of Veterans Affairs shall develop and
maintain a program for the issuance of identification cards to an
eligible person who is the spouse, domestic partner, or dependent
child of a member or veteran of the armed services of the United
States or the California National Guard.
(b) The identification card issued pursuant to this section shall
be known as the California residency identification card. Possession
of a valid California residency identification card shall be prima
facie evidence that the person is a California resident for purposes
of entitlement to any state or local benefits for which that person
may be otherwise eligible.
(c) The Department of Motor Vehicles shall, in consultation with
the Department of Veterans Affairs, develop an application form and
any other information necessary to administer this section. The
Department of Motor Vehicles shall provide the application form and
instructions related to the form and shall be responsible for the
distribution of the application form, the collection of applications,
and the processing of the forms.
(d) Each office of the Department of Motor Vehicles shall do all
of the following:
(1) Provide applications upon request to persons seeking to obtain
a California residency identification card.
(2) Receive and process completed applications.
(3) Transmit completed applications to the Department of Veterans
Affairs for review and determination of eligibility.
(4) Maintain records of California residency identification cards
granted.
(5) Issue a California residency identification card to an
applicant who is deemed to be an eligible person, after review of the
person's application by the Department of Veterans Affairs. Upon
request of an applicant, the California residency identification card
shall be mailed to the applicant at his or her address of record.
(e) The Department of Veterans Affairs shall develop appropriate
protocols that shall be used by it and the Department of Motor
Vehicles in administering this section, including, but not limited
to, protocols to confirm the accuracy of information contained in any
application.
(f) For purposes of this section, an "eligible person" means a
person who is the spouse, domestic partner, or dependent child of a
person who is a member or veteran of the armed services of the United
States or the California National Guard on or after January 1, 1991.
SEC. 3. SEC. 2. Section 10003 is
added to the Welfare and Institutions Code, to read:
10003. (a) (1) Notwithstanding any other law, and pursuant to the
authority granted under Section 1621(d) of Title 8 of the United
States Code, an individual who is the spouse or domestic partner, or
a dependent natural or adopted child or stepchild, of a member of the
Armed Forces of the United States stationed in this state who is, or
was, on active duty at any time on or after January 1, 1991, shall
be eligible to apply for and receive state and local public social
services, to the same extent as any other applicant or recipient,
regardless of that individual's immigration status. Proof of
eligibility for this purpose may include the presentation of a
California residency identification card issued pursuant to Section
13005.2 of the Vehicle Code. No federal funds shall be used to
provide any service provided pursuant to this section.
(2) This subdivision shall only apply to an individual who was the
spouse or domestic partner, or a dependent natural or adopted child
or stepchild, of a member of the Armed Forces of the United States
stationed in this state during the time the member was on active
duty.
(b) (1) As used in this section, "Armed Forces of the United
States" means the Air Force, Army, Coast Guard, Marine Corps,
National Guard, Naval Militia, Navy, and the reserve components of
each of those forces, including, but not necessarily limited to, the
California National Guard.
(2) As used in this section, "state and local public social
services" means any welfare, health, disability, food assistance, or
similar benefit for which payments or assistance is provided to an
individual, household, or family assistance unit by an agency of the
state or a local government, or by appropriated funds of a state or
local government. "State and local public social services" include,
but are not limited to, all of the following programs:
(A) The CalWORKs program (Chapter 2 (commencing with Section
11200) of Part 3).
(B) The In-Home Supportive Services program (Article 7 (commencing
with Section 12300) of Chapter 3 of Part 3).
(C) The Medi-Cal program (Chapter 7 (commencing with Section
14000) of Part 3).
(D) The general assistance program (Part 5.5 (commencing with
Section 17000)).
(E) The California Food Assistance Program (Chapter 10.1
(commencing with Section 18930) of Part 6).
SEC. 4. SEC. 3. The Legislature
hereby requests the Regents of the University of California to
establish the same requirements for exemption from payment of
nonresident tuition for students enrolled at the University of
California as those enacted by Section 68074 of the Education Code.
SEC. 5. SEC. 4. If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.