Amended in Senate August 28, 2014

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 Bill No. 13

Introduced by Assembly begin delete Members Chávez and Quirk-Silva end delete begin insert Member Conway end insert

begin insert

(Principal coauthors: Assembly Members Chávez and Quirk-Silva)

end insert

(Principal coauthor: Senator Block)

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

(Coauthors: Senators begin insert Anderson, end insert Correa, begin insert Fuller, Galgiani, end insert Hueso, Huff, begin insert Knight, Roth, end insert 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, begin delete Chávez end delete   begin insert Conway end insert . Nonresident tuition exemption: veterans.

(1) 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 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 bill, notwithstanding the requirements of existing law as referenced above, would require the California Community Colleges and the California State University, and request the University of California, to begin delete exempt from paying nonresident tuition a student or prospective student of their respective segments who is using, or is intending to use, “GI Bill” education benefits, as defined, while enrolled as a student of that segment. end delete begin insert update and adopt policies no later than July 1, 2015, regarding tuition rates for eligible veterans and their eligible dependents to ensure conformity to, and compliance with, a specified federal statute and the requirements of existing law as described above. end insert To the extent that this provision would impose new duties on community college districts, it would constitute a state-mandated local program.

(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.

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), (c),
and (d), 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 shall be
exempt from paying nonresident tuition for the length of time he
or she lives in this state after being discharged up to the minimum
time necessary to become a resident.

(b) (1) Except as provided for in subdivisions (c) and (d), 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 shall be exempt from paying nonresident tuition for up
to one year 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.

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

(c)  begin delete (1) end delete begin delete   end delete Notwithstanding any other law, the California
Community Colleges and the California State University shall,
and the University of California is requested to, begin delete exempt from
paying nonresident tuition a student or prospective student of their
respective segments who is using, or is intending to use, “GI Bill”
education benefits while enrolled as a student of that segment. end delete
begin insert update and adopt policies no later than July 1, 2015, regarding
tuition rates for eligible veterans and their eligible dependents to
ensure conformity to, and compliance with, the federal Veterans
Access, Choice, and Accountability Act of 2014 (Public Law
113-146) and the requirements of this section. end insert

begin delete

(2) As used in this subdivision, “GI Bill education benefits”
refers to any education benefit administered by the United States
Department of Veterans Affairs pursuant to Title 38 of the United
States Code that is designed to help eligible veterans of the Armed
Forces of the United States or other eligible persons with a
relationship to a veteran of the Armed Forces of the United States
to cover the costs associated with enrollment as a student of that
segment.

end delete

(d) 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 begin delete subdivision (a) or (b). end delete begin insert this
section. end insert

SEC. 2.  

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.