Amended in Assembly March 4, 2015

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 postsecondarybegin delete education.end deletebegin insert education, and declaring the urgency thereof, to take effect immediately.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 27, as amended, 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.

begin delete

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.

end delete
begin delete

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.

end delete
begin delete

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.

end delete
begin insert

This bill would require or request, as applicable, that the policies of each segment of public postsecondary education be updated and adopted to also ensure continued participation in GI Bill education benefits, as defined.

end insert
begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

end insert

Vote: begin deletemajority end deletebegin insert23end insert. 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 subdivisionsbegin delete (b), (c),
4(d), and (e),end delete
begin insert (c) and (d),end insert a student of the California Community
P3    1Colleges or the California State University who was a member of
2the Armed Forces of the United States stationed in this state on
3active duty for more than one year immediately prior to being
4discharged shall be exempt from paying nonresident tuition for
5the length of time he or she lives in this state after being discharged
6up to the minimum time necessary to become a resident.

7(b) (1) Except as provided for in subdivisionsbegin delete (c), (d), and (e),end delete
8begin insert (c) and (d),end insert a student enrolled, or intending to enroll, at a campus
9of the California Community Colleges, or as an undergraduate at
10a campus of the California State University, who was a member
11of the Armed Forces of the United States stationed in this state on
12active duty for more than one year immediately prior to being
13discharged shall be exempt from paying nonresident tuition for up
14to one year if he or she files an affidavit with the institution at
15which he or she is enrolled, or intends to enroll, stating that he or
16she intends to establish residency in California as soon as possible.

17(2) The one-year exemption provided in paragraph (1) shall be
18used by the student within two years of being discharged.

19(c) begin insert(1)end insertbegin insertend insertNotwithstanding any other law, the California
20Community Colleges and the California State University shall,
21and the University of California is requested to, update and adopt
22policies no later than July 1, 2015, regarding tuition rates for
23eligible veterans and their eligible dependents to ensurebegin insert continued
24participation in GI bill education benefits, and to ensureend insert

25 conformity to, and compliance with, the federal Veterans Access,
26Choice, and Accountability Act of 2014 (Public Law 113-146)
27and the requirements of this section.

begin delete

28(d) (1) Notwithstanding any other law, the California State
29University shall, and the University of California is requested to,
30exempt from paying nonresident tuition a student or prospective
31student of their respective segments who is using, or is intending
32to use, “GI Bill education benefits” while enrolled as a student of
33that segment.

end delete

34(2) As used in this subdivision, “GI Bill education benefits”
35refers to any education benefit administered by the United States
36Department of Veterans Affairs pursuant to Title 38 of the United
37States Code that is designed to help eligible veterans of the Armed
38Forces of the United States or other eligible persons with a
39relationship to a veteran of the Armed Forces of the United States
P4    1to cover the costs associated with enrollment as a student of that
2segment.

begin delete

3(e)

end delete

4begin insert(d)end insert A former member of the Armed Forces of the United States
5who received a dishonorable or bad conduct discharge shall not
6be eligible for an exemption pursuant to this section.

7begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

This act is an urgency statute necessary for the
8immediate preservation of the public peace, health, or safety within
9the meaning of Article IV of the Constitution and shall go into
10immediate effect. The facts constituting the necessity are:

end insert
begin insert

11In order to ensure the state’s compliance with new federal
12requirements to avoid the loss of federal educational assistance,
13it is necessary that this act take effect immediately.

end insert


O

    98