Amended in Assembly March 11, 2013

Amended in Assembly January 31, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 13


Introduced by Assemblybegin delete Member Chávezend deletebegin insert Members Chend insertbegin insertáend insertbegin insertvez and Quirk-Silvaend insert

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(Coauthor: Assembly Member Melendez)

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(Coauthors: Assembly Members Grove, Melendez, and Wilk)

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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 discharged or released from active duty 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:

SECTION 1.  

Section 68075.5 of the Education Code is amended to read:

68075.5.  

(a) Except as provided for in subdivisions (b) and (c), a student who was a member of the Armed Forces of the United Statesbegin insert,end insert who was discharged or released from active duty within the immediately prior yearbegin insert,end insert shall be exempt from paying nonresident tuition for the length of time he or she lives in this state after being discharged or released from active duty up to the minimum time necessary to become a resident.

(b) (1) Except as provided for in subdivision (c), a community college student who was a member of the Armed Forces of the United Statesbegin insert,end insert who was discharged or released from active duty within the immediately prior yearbegin insert,end insert shall be exempt from paying nonresident tuition for up to one year if he or she files an affidavit with the community college stating that he or she intends to establish residency in California as soon as possible.

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

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

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SEC. 2.  

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



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