Amended in Senate September 3, 2013

Amended in Senate June 24, 2013

Amended in Assembly March 11, 2013

Amended in Assembly January 31, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 13


Introduced by Assembly Members Chávez and Quirk-Silva

(Principal coauthor: Senator Block)

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

(Coauthors: Senators Correa, Hueso, Huff, and Wyland)

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 abegin insert community collegeend insert 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 nonresidentbegin delete tuition, as specified.end deletebegin insert tuitionend insertbegin insert 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, if that student uses this exemption within 2 years of being discharged. Existing law prohibits a former member of the Armed Forces who received a dishonorable or bad conduct discharge from receiving this exemption. end insert

begin insert

Existing law provides that the statutory provisions relating to student residency requirements for public postsecondary education apply to the University of California only to the extent that the regents act, by resolution, to make these provisions applicable.

end insert
begin insert

This bill would make this one-year exemption from payment of nonresident tuition applicable to a student enrolled, or intending to enroll, at a campus of the California Community Colleges, or as an undergraduate at a campus of the California State University, 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 if he or she files an affidavit with the institution at which he or she is enrolled, or intends to enroll, stating that he or she intends to establish residency in California as soon as possible, and uses this exemption within 2 years of being discharged.

end insert
begin insert

The bill would request the regents to enact regulations and procedures that exempt from nonresident tuition students of that university who meet the requirements applicable to students of the California Community Colleges and the California State University for the exemption in the bill.

end insert
begin delete

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.

end delete
begin delete

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.

end delete
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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.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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

P3    1

SECTION 1.  

Section 68075.5 of the Education Code is
2amended to read:

3

68075.5.  

(a) Except as provided in subdivision (b) or (c), a
4studentbegin insert of the California Community Colleges or the California
5State Universityend insert
who was a member of the Armed Forces of the
6Unitedbegin delete States, who was discharged or released from active duty
7within the immediately prior year,end delete
begin insert end insertbegin insertStates stationed in this state on
8active duty for more than one year immediately prior to being
9dischargedend insert
shall be exempt from paying nonresident tuition for
10the length of time he or she lives in this state after being discharged
11begin delete or released from active dutyend delete up to the minimum time necessary to
12become a resident.

13(b) (1) Except as provided in subdivision (c), a begin delete community
14 collegeend delete
studentbegin insert enrolled, or intending to enroll, at a campus of the
15California Community Colleges, or as an undergraduate at a
16campus of the California State University,end insert
who was a member of
17the Armed Forces of the Unitedbegin delete States, who was discharged or
18released from active duty within the immediately prior year,end delete
begin insert States end insert
19begin insertstationed in this state on active duty for more than one year
20immediately prior to being dischargedend insert
shall be exempt from paying
21nonresident tuition for up to one year if he or she files an affidavit
22with thebegin delete community collegeend deletebegin insert institution at which he or she is
23enrolled, or intends to enroll,end insert
stating that he or she intends to
24establish residency in California as soon as possible.

25(2) The one-year exemption provided in paragraph (1) shall be
26usedbegin delete whileend deletebegin insert byend insert the studentbegin delete lives in this state andend delete within two years
27of beingbegin delete discharged or released from active duty.end deletebegin insert discharged.end insert

28(c) A former member of the Armed Forces of the United States
29who received a dishonorable or bad conduct discharge shall not
30be eligible for an exemption pursuant to this section.

31begin insert

begin insertSEC. 2.end insert  

end insert

begin insertThe Legislature requests the Regents of the University
32of California to enact, pursuant to Section 68134 of the Education
33Code, a resolution that exempts from nonresident tuition students
34of that university who meet the requirements applicable to students
35of the California Community Colleges and the California State
P4    1University for the exemption under Section 68075.5 of the
2Education Code. end insert

begin delete
3

SEC. 2.  

If the Commission on State Mandates determines that
4this act contains costs mandated by the state, reimbursement to
5local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.

end delete


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