Amended in Senate May 1, 2013

Senate Bill No. 290

Introduced by begin delete Senator end delete begin insert Senators end insert Knight begin insert and Walters end insert

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(Coauthor: Senator Anderson)

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(Coauthors: Senators Anderson, Correa, Fuller, and Wolk)

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(Coauthors: Assembly Members Bonilla and Beth Gaines)

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February 14, 2013

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

LEGISLATIVE COUNSEL’S DIGEST

SB 290, as amended, Knight. Nonresident tuition exemption: veterans.

Existing law establishes the segments of the public postsecondary education system in the state, including the University of California administered by the Regents of the University of California, the California State University administered by the Trustees of the California State University, and the California Community Colleges administered by the Board of Governors of the California Community Colleges.

Existing begin delete law, with certain limitations, 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 end delete begin insert law exempts a community college 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 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 end insert . Existing law prohibits a former member of the Armed Forces who received a dishonorable or bad conduct discharge from receiving this exemption.

This bill would begin delete exempt all students who were members of the Armed Forces of the United States discharged within the immediately prior 2 years from paying nonresident tuition, except former members of the Armed Forces who received a dishonorable or bad conduct discharge end delete begin insert 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, California State University, or University of California 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 delete 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

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 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.

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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.

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

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

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begin insert SECTION 1. end insert   

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begin insert Section 68075.5 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

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
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 subdivision (c), a begin delete community
college end delete student begin insert enrolled, or intending to enroll, at a campus of the
California Community Colleges, California State University, or
University of California end insert 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 begin delete community college end delete begin insert institution at
which he or she is enrolled or intends to enroll, end insert stating that he or
she intends to establish residency in California as soon as possible.

(2) The begin delete one year end delete begin insert end insert begin insert one-year end insert exemption provided in paragraph (1)
shall be used begin delete while end delete begin insert by end insert the student begin delete lives in this state and end delete within two
years of being discharged.

(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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SECTION 1.  

Section 68075.5 of the Education Code is
amended to read:

68075.5.  

(a) A student who was a member of the Armed Forces
of the United States discharged within the immediately prior two
years shall be exempt from paying nonresident tuition.

(b) 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.

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.

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