BILL ANALYSIS Ó
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THIRD READING
Bill No: SB 290
Author: Knight (R) and Walters (R), et al.
Amended: 5/28/13
Vote: 21
SENATE EDUCATION COMMITTEE : 9-0, 4/24/13
AYES: Liu, Wyland, Block, Correa, Hancock, Hueso, Huff,
Jackson, Monning
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/13
AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Nonresident tuition exemption: veterans
SOURCE : Author
DIGEST : This bill exempts a student attending the California
Community Colleges (CCC), the California State University (CSU),
or as an undergrad at the University of California (UC) from
paying nonresident tuition if that student 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/she files an affidavit with the institution at
which he/she is enrolled or intends to enroll, stating that
he/she intends to establish residency in California as soon as
possible, and uses this exemption within two years of being
discharged.
ANALYSIS : Existing law, requires a student who was a member
of the Armed Forces stationed in California on active duty for
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more than one year immediately prior to being discharged to be
exempt from paying nonresident tuition for the length of time
he/she lives in the state, up to the minimum time necessary to
become a resident. In addition, existing law provides, for
purposes of community college fees a former member of the Armed
Forces can utilize the one-year nonresident fee exemption within
two years of being discharged provided the former member of the
Armed Forces has filed an affidavit with the community college
stating his/her intention to establish residency in California
as soon as possible.
Existing law establishes uniform residency requirements for
purposes of ascertaining the amount of fees to be paid by
students at the UC, CSU, CCC, and establishes various exceptions
to these residency requirements, including the following:
1. A member of the Armed Forces who is stationed in the state on
active duty, except a member assigned for educational
purposes.
2. A member of the Armed Forces who is transferred to another
state but continuously enrolled at a college in California.
3. A student who is a dependent of a member of the Armed Forces
stationed in this state on active duty.
4. A student dependent of a member of the Armed Forces may keep
his/her resident classification until he/she has resided in
the state for the minimum time necessary to become a resident
in the event the member of the Armed Forces upon whom they
are dependent is transferred outside of the state or retires
as an active member of the Armed Forces.
This bill exempts a student attending the CCC, CSU, or as an
undergrad at the UC from paying nonresident tuition if that
student was a member of the Armed Forces of the U.S. stationed
in this state on active duty for more than one year immediately
prior to being discharged if he/she files an affidavit with the
institution at which he/she is enrolled or intends to enroll,
stating that he/she intends to establish residency in California
as soon as possible, and uses this exemption within two years of
being discharged.
Comments
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According to the Senate Education Committee analysis, the UC,
CSU, and CCC are publicly subsidized with the proceeds of state
taxes; the lower resident fees for students who reside in
California reflect the contribution they and their parents have
already made by paying taxes in California. The fees charged to
non-California residents are intended to cover the cost of the
subsidy that is generated by California taxpayers.
In recognition of the difficulties of military service and the
sacrifices of service members, existing California law assists
the discharged military student who wants to stay in California
and go to school. Current California law says the military
student, once discharged, can pay resident tuition until the
student has stayed in California long enough to establish
residency (normally one year). There may only be one legal
state of residence, so in order to become a resident of
California for tuition purposes, residency must be relinquished
in the former state of residence for the student. Existing law
strikes a balance, allowing students to pay resident fees while
on active duty and for approximately a year after, giving time
to establish residency. This existing one-year exemption
applies however, only to students who were stationed in
California for one year prior to discharge.
AB 2478 (Hayashi, Chapter 405, Statutes of 2012) further allowed
a member of the Armed Forces, who was stationed in California,
up to the minimum time necessary to become a resident and the
benefit of in-state tuition (one year) within a two-year time
period from date of discharge - this was in recognition of
providing veterans time to return to their home state after
being discharged and settle personal affairs or for physical
rehabilitation. This option, however, was provided for
community colleges students only.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee, the cost of
this bill's nonresident tuition exemption to the UC and CSU
depends upon the number of veterans that meet the narrow
requirements to qualify for the exemption. This bill is likely
to result in significant revenue loss to the CSU and UC.
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SUPPORT : (Verified 5/28/13)
American Legion-Department of California
AMVETS, Department of California
California Association of County Veterans Service Offices
California State Commanders Veterans Council
North Orange County Community College District
Rancho Santiago College District
South Orange Coast County Community College District
VFW - Department of California
Vietnam Veterans of America - California State Council
Veterans Caucus California Democratic Party
ARGUMENTS IN SUPPORT : According to the author's office, this
bill allows a student that served as a member of the Armed
Forces to pay in-state tuition when seeking to further their
education. Individuals committed to the Armed Forces serve all
citizens of the U.S., not just one state. As such, they should
not be penalized when following their educational passions after
their service. Given the enormous challenges facing veterans
upon discharge, California needs to make higher education for
veterans more attainable.
PQ:k 5/28/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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