Amended in Assembly January 31, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 13


Introduced by Assembly Member Chávez

(Coauthor: Assembly Member Melendez)

December 3, 2012


An act to amend Section 68075.5 of the Education Code, relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 13, as amended, Chávez. Nonresident tuition exemption: veterans.

Under existing law, the segments of the public postsecondary education system in the state include the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which are administered by the Board of Governors of the California Community Colleges.

Existing law exempts a student who was a member of the Armed Forces of the United States stationed in this state on active duty for more than one year immediately prior to being discharged from paying nonresident tuition, as specified.

This bill would eliminate the requirement that a student be stationed in this state to receive that exemption, and would require the student to be dischargedbegin insert or released from active dutyend insert within the immediately prior year in order to receive the exemption. To the extent the bill would require community college districts to exempt more students from nonresident tuition, the bill would impose a state-mandated local program.

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: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 68075.5 of the Education Codebegin delete, as end delete
2begin deleteamended by Section 1 of Chapter 405 of the Statutes of 2012,end delete is
3amended to read:

4

68075.5.  

(a) Except as provided for in subdivisions (b) and
5(c), a student who was a member of the Armed Forces of the United
6States who was dischargedbegin insert or released from active dutyend insert within the
7immediately prior year shall be exempt from paying nonresident
8tuition for the length of time he or she lives in this state after being
9dischargedbegin insert or released from active dutyend insert up to the minimum time
10necessary to become a resident.

11(b) (1) Except as provided for in subdivision (c), a community
12 college student who was a member of the Armed Forces of the
13United States who was dischargedbegin insert or released from active dutyend insert
14 within the immediately prior year shall be exempt from paying
15nonresident tuition for up to one year if he or she files an affidavit
16with the community college stating that he or she intends to
17establish residency in California as soon as possible.

18(2) The one-year exemption provided in paragraph (1) shall be
19used while the student lives in this state and within two years of
20being dischargedbegin insert or released from active dutyend insert.

21(c) A former member of the Armed Forces of the United States
22who received a dishonorable or bad conduct discharge shall not
23be eligible for an exemption pursuant to this section.

24

SEC. 2.  

If the Commission on State Mandates determines that
25this act contains costs mandated by the state, reimbursement to
26local agencies and school districts for those costs shall be made
P3    1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



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