BILL ANALYSIS Ó
AB 13
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Date of Hearing: March 10, 2015
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Irwin, Chair
AB
13 (Chávez) - As Amended March 4, 2015
SUBJECT: Public postsecondary education: community colleges:
exemptions from nonresident tuition.
SUMMARY: Requires a California Community College (CCC) to
exempt from nonresident tuition a nonresident student who is a
covered individual as defined pursuant to section 702 of the
federal Veterans Access, Choice, and Accountability Act of 2014,
Public Law 113-143, who is using, or intending to use GI Bill
education benefits while living in California and enrolled at a
community college. This bill defines "GI Bill educational
benefits" to mean any educational benefit administered by the US
Department of Veterans Affairs pursuant to Title 38 of the
United States Code that is designed to help eligible veterans or
other eligible persons with a relationship to a veteran to cover
the costs associated with enrollment as a CCC student. It
provides that these students may be reported as full-time
equivalent students for purposes of state apportionment. This
bill contains an urgency clause.
EXISTING
LAW:1)
1)Establishes uniform residency requirements for the purposes of
determining the amount of fees to be paid by students
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attending public institutions of higher education in
California and requires CCC districts, California State
University (CSU) and University of California (UC) to charge a
tuition fee to nonresident students; and, provides for
specified exceptions to residence determination for current
and former members of the Armed Forces meeting specified
requirements.
2)Requires the CCC, CSU, and requests UC, (the higher education
"segments") to 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 ("Choice Act", Public Law 113-143) and the
requirements of California law.
3)Exempts specified California nonresidents from paying
nonresident tuition if they attended a California high school
for three or more years (or equivalent), graduated from a
California high school (or equivalent degree), registered or
attended an accredited California higher education institution
not before the fall of the 2001-02 academic year, and filed an
affidavit, if without lawful immigration status, stating that
the student has filed an application to legalize their
immigration status or will file such an application as soon as
eligible to do so.
4)Authorizes CCC districts to admit a nonresident student and
requires that these students be charged a nonresident tuition
fee, with certain specific exemptions, including nonresidents
who enroll for six or fewer units; any nonresident who is both
a citizen and resident of a foreign country, if the
nonresident has demonstrated a financial need for the
exemption; and, a special part-time student admitted pursuant
to California statutes governing concurrent enrollment of
elementary and secondary school pupils;
5)Requires CCC districts to exempt from the nonresident fee a
nonresident student, under specified circumstances, a United
States citizen who moved abroad as a result of his/her
parent's deportation.
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Federal requirements. The U.S Department of Veterans Affairs
(VA) administers the federal G.I. Bill to provide education and
training benefits to eligible veterans and their eligible
dependents. The G.I. Bill specifically states that it will pay
all public school in-state tuition and fees. On August 7, 2014,
President Obama signed the Choice Act. Among the numerous
provisions, the law requires public institutions to provide
in-state tuition to specified veterans and eligible dependents
in order for the institution to remain eligible to receive G.I.
Bill education payments. The following "covered individuals"
are eligible for in-state tuition under the Choice Act:
1)A veteran who lives in the state (regardless of formal
in-state residence status) in which the higher education
institution is located and enrolls within three years of
discharge from a period of active duty service of 90 days or
more.
2)A spouse or child using transferred benefits who lives in the
state (regardless of formal in-state residence status) in
which the higher education institution is located and enrolls
within three years of the transferor's discharge from a period
of active duty service of 90 days or more.
3)A spouse or child using benefits under the Marine Gunnery
Sergeant John David Fry Scholarship who lives in the state
(regardless of formal in-state residence status) in which the
higher education institution is located and enrolls within
three years of the servicemember's death in the line of duty
following a period of active duty service of 90 days or more.
FISCAL EFFECT: Unknown at this time.
COMMENTS: This bill is coming to the Veterans Affairs Committee
after first receiving a hearing in the Higher Education
Committee. Rather than focus on the issues pertaining to the
Higher Education aspects of this bill, for those issues have
been expertly analyzed in the Higher Education analysis, this
analysis will narrow in focus to the Veterans Affairs aspects of
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this bill.
On signing the GI Bill in 1944, then President Franklin
Roosevelt said:
This bill, which I have signed today? gives servicemen and
women the opportunity of resuming their education or technical
training after discharge, or of taking a refresher or
retrainer course, not only without tuition charge up to $500
per school year, but with the right to receive a monthly
living allowance while pursuing their studies?
With the signing of this bill a well-rounded program of
special veterans' benefits is nearly completed. It gives
emphatic notice to the men and women in our armed forces that
the American people do not intend to let them down.
?This bill therefore and the former legislation provide the
special benefits which are due to the members of our armed
forces -- for they "have been compelled to make greater
economic sacrifice and every other kind of sacrifice than the
rest of us, and are entitled to definite action to help take
care of their special problems." While further study and
experience may suggest some changes and improvements, the
Congress is to be congratulated on the prompt action it has
taken. [Emphasis added.]
These words ring true in 2015. Not unlike in 1944 our country
has been in a protracted military conflict. Many of the men and
women who have served in the armed forces interrupted their
civilian lives to serve and sacrifice for the country and are
now in transition back to civilian life.
Much has changed, however, since 1944. We are for the most part
a nation of mobile people, most Americans own cars, and air and
rail travel is relatively accessible and affordable. Air and
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rail travel are well-developed and sophisticated, it is quite
possible to fly from Sacramento, California to Sydney, Australia
in less than 24 hours. We travel, we move, and often our
families are spread across the country. The kind of work and
jobs, indeed some entire large industries, are very different
today than they were back then. And, reviewing the $500 tuition
benefit in the GI Bill of 1944, the price of things has
certainly changed. For example, estimated tuition and fees at
the University of California system for 2015-16 are $14,500 for
residents and $38,024 for non-residents.
The GI Bill of today would pay, in the example above, the UC
resident amount, but not anything more than that for a
non-resident GI Bill student. For many, this additional amount
is cost-prohibitive. California has several state laws that
permit some non-resident GI Bill students to receive the
resident rate. The Choice Act takes the step of saying that, in
general, schools that wish to continue receiving any GI Bill
benefits must no longer charge any GI Bill student non-resident
tuition if that student enrolls within three years of discharge
from the armed forces.
As stated by the Higher Education Committee analysis, "Arguably,
a segment could conform to ?[the Choice Act] through
discontinuing participation in the federal program. Committee
staff understands, however, it is unlikely this approach would
be used to achieve compliance."
However, according to the author, CCC districts do not currently
have appropriate authority to reduce tuition for nonresident
veterans in compliance with federal law. The author argues, if
CCC districts do not comply with the Choice Act, not only will
they be barred from accepting new students using GI Bill
educational benefits, but current students will lose their
federal GI Bill educational tuition assistance and housing
allowance.
From the veterans affairs perspective, regardless of whether
there is disagreement or clarity about the state of the existing
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state law and whether this bill is legally essential for the CCC
to comply, the scenario contemplated by the author should be
avoided. Unless we as a state intend to maintain our current
cost structure at the consequence of loss of GI Bill benefits
for current and future students, this bill does no harm and
resolves any risk that the CCC might want to comply but lack the
legal authority under California law to do so.
Related legislation. AB 27 (Chávez) would require CSU, and
request UC, exempt nonresident students using GI Bill education
benefits from paying nonresident tuition while enrolled as a
student of that segment.
REGISTERED SUPPORT / OPPOSITION:
Support
American Federation of State, County, Municipal Employees,
AFL-CIO
American Legion- Department of California
AMVETS, Department of California
California Association of County Veterans Service Officers
California Community College Chancellor's Office
California Catholic Conference, Inc.
Kern Community College District
Los Rios Community College District
Military Officers Association- California Council of Chapters
Peralta Community College District
Rural County Representatives of California
San Diego Community College District
Veterans of Foreign Wars- Department of California
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Vietnam Veterans of America- California State Council
Yosemite Community College District
Opposition
None on File.
Analysis Prepared
by: John Spangler/V.A./(916) 319-3550