Amended in Senate August 11, 2014

Amended in Senate June 2, 2014

Amended in Senate September 6, 2013

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.

begin delete

Under

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begin insert(1)end insertbegin insertend insertbegin insertUnderend insert 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 of the California Community Colleges or 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 from paying nonresident tuition for the length of time he or she lives in the state after being discharged up to the minimum time necessary to become a resident.

Existing law also exempts one of those students if he or she is 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 from paying nonresident tuition for up to one year if he or she files an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible. Existing law requires a student to use 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 an exemption from paying nonresident tuition under either of the provisions described above.

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.

The billbegin insert, notwithstanding the requirements of existing law as referenced above,end insert wouldbegin delete authorizeend deletebegin insert requireend insert the California Communitybegin delete Colleges,end deletebegin insert Colleges andend insert the California State University, andbegin insert requestend insert the University of Californiabegin insert,end insert to exempt from paying nonresident tuition a student or prospective student of their respective segments who isbegin delete a former member of the Armed Forces of the United States, who has been discharged from active duty, and who isend delete using, or is intending to use, “GI Bill” education benefits, as defined, while enrolled as a student of that segment.begin insert To the extent that this provision would impose new duties on community college districts, it would constitute a state-mandated local program.end insert

begin insert

(2) 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 insert
begin insert

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 insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend 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 for in subdivisionsbegin delete (b)end deletebegin insert (b),
4(c),end insert
and (d), a student of the California Community Colleges or
5the California State University who was a member of the Armed
6Forces of the United States stationed in this state on active duty
7for more than one year immediately prior to being discharged shall
8be exempt from paying nonresident tuition for the length of time
9he or she lives in this state after being discharged up to the
10minimum time necessary to become a resident.

11(b) (1) Except as provided for inbegin delete subdivisionend deletebegin insert subdivisions (c)
12andend insert
(d), a student enrolled, or intending to enroll, at a campus of
13the California Community Colleges, or as an undergraduate at a
14campus of the California State University, who was a member of
15the Armed Forces of the United States stationed in this state on
16active duty for more than one year immediately prior to being
17discharged shall be exempt from paying nonresident tuition for up
18to one year if he or she files an affidavit with the institution at
19which he or she is enrolled, or intends to enroll, stating that he or
20she intends to establish residency in California as soon as possible.

21(2) The one-year exemption provided in paragraph (1) shall be
22used by the student within two years of being discharged.

23(c) begin insert(1)end insertbegin insertend insert Notwithstanding any other law,begin delete and except as provided
24in subdivision (d),end delete
the California Communitybegin delete Colleges,end deletebegin insert Colleges
25andend insert
the California Statebegin delete University,end deletebegin insert University shall,end insert and the
26University of Californiabegin delete are authorized toend deletebegin insert is requested to,end insert exempt
27from paying nonresident tuition a student or prospective student
28of their respective segments who isbegin delete a former member of the Armed
29Forces of the United States, who has been discharged from active
30duty, and who isend delete
using, or is intending to use, “GI Bill” education
31benefits while enrolled as a student of that segment.begin delete Asend delete

P4    1begin insert(2)end insertbegin insertend insertbegin insertAsend insert used in this subdivision, “GI Bill education benefits”
2refers to any education benefit administered by the United States
3Department of Veterans Affairsbegin insert pursuant to Title 38 of the United
4States Codeend insert
that is designed to help eligible veterans of the Armed
5Forces of the United Statesbegin insert or other eligible persons with a
6relationship to a veteran of the Armed Forces of the United Statesend insert

7 to cover the costs associated with enrollment as a student of that
8segment.

9(d) A former member of the Armed Forces of the United States
10who received a dishonorable or bad conduct discharge shall not
11be eligible for an exemption pursuant tobegin delete this sectionend deletebegin insert subdivision
12(a) or (b)end insert
.

13begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
14this act contains costs mandated by the state, reimbursement to
15local agencies and school districts for those costs shall be made
16pursuant to Part 7 (commencing with Section 17500) of Division
174 of Title 2 of the Government Code.

end insert


O

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