California Legislature—2015–16 Regular Session

Assembly BillNo. 27


Introduced by Assembly Member Chávez

December 1, 2014


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

LEGISLATIVE COUNSEL’S DIGEST

AB 27, as introduced, Chávez. Public postsecondary education: exemption from nonresident tuition.

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 a student meeting the qualifications described above 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 requires the California Community Colleges and the California State University, and requests the University of California, 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 and the requirements of the provisions described above.

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 would require the California State University, and would request the University of California, to 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 68075.5 of the Education Code is
2amended to read:

3

68075.5.  

(a) Except as provided for in subdivisions (b), (c),
4begin delete and (d),end deletebegin insert end insertbegin insert(d), and (e),end insert a student of the California Community
5Colleges or the California State University who was a member of
6the Armed Forces of the United States stationed in this state on
7active duty for more than one year immediately prior to being
8discharged shall be exempt from paying nonresident tuition for
9the length of time he or she lives in this state after being discharged
10up to the minimum time necessary to become a resident.

11(b) (1) Except as provided for in subdivisions begin delete(c) and (d), end deletebegin insert(c),
12(d), and (e), end insert
a student enrolled, or intending to enroll, at a campus
P3    1of the California Community Colleges, or as an undergraduate at
2a campus of the California State University, who was a member
3of the Armed Forces of the United States stationed in this state on
4active duty for more than one year immediately prior to being
5discharged shall be exempt from paying nonresident tuition for up
6to one year if he or she files an affidavit with the institution at
7which he or she is enrolled, or intends to enroll, stating that he or
8she intends to establish residency in California as soon as possible.

9(2) The one-year exemption provided in paragraph (1) shall be
10used by the student within two years of being discharged.

11(c) Notwithstanding any other law, the California Community
12Colleges and the California State University shall, and the
13University of California is requested to, update and adopt policies
14no later than July 1, 2015, regarding tuition rates for eligible
15veterans and their eligible dependents to ensure conformity to, and
16compliance with, the federal Veterans Access, Choice, and
17Accountability Act of 2014 (Public Law 113-146) and the
18requirements of this section.

begin insert

19(d) (1) Notwithstanding any other law, the California State
20University shall, and the University of California is requested to,
21exempt from paying nonresident tuition a student or prospective
22student of their respective segments who is using, or is intending
23to use, “GI Bill education benefits” while enrolled as a student of
24that segment.

end insert
begin insert

25(2) As used in this subdivision, “GI Bill education benefits”
26refers to any education benefit administered by the United States
27Department of Veterans Affairs pursuant to Title 38 of the United
28States Code that is designed to help eligible veterans of the Armed
29Forces of the United States or other eligible persons with a
30relationship to a veteran of the Armed Forces of the United States
31to cover the costs associated with enrollment as a student of that
32segment.

end insert
begin delete

33(d)

end delete

34begin insert(end insertbegin inserte)end insert A former member of the Armed Forces of the United States
35who received a dishonorable or bad conduct discharge shall not
36be eligible for an exemption pursuant to this section.



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