BILL NUMBER: AB 2750	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 17, 2016

INTRODUCED BY   Assembly Member Gomez

                        FEBRUARY 19, 2016

   An act to amend Section  66000   68130.5
 of the Education Code, relating to postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2750, as amended, Gomez. Postsecondary education: 
Donahoe Higher Education Act.   exemption from
nonresident tuition.  
   (1) Existing law exempts a student, other than a nonimmigrant
alien, as defined, from paying nonresident tuition at the California
State University and the California Community Colleges if the student
meets certain requirements. These requirements include either high
school attendance in California for 3 or more years or the attainment
of credits earned in California from a California high school
equivalent to 3 or more years of full-time high school coursework and
a total of 3 or more years of attendance in California elementary or
secondary schools, or a combination of those schools.  
   This bill would delete the requirement of a total of 3 or more
years of attendance in California elementary or secondary schools, or
a combination of those schools, as referenced above. The bill would
also add the requirement that a student be born after January 1,
1980.  
   The bill would request the Regents of the University of California
to enact exemptions from requirements to pay nonresident tuition for
its students that are equivalent to those applicable to students of
the California Community Colleges and the California State University
pursuant to this bill.  
   Because the bill would impose new duties on community college
districts with respect to determining eligibility for exemptions from
paying nonresident tuition, the bill would constitute a
state-mandated local program.  
   (2) 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.  
   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.  
   Existing law, the Donahoe Higher Education Act, sets forth the
missions and functions of the 4 segments comprising the state's
postsecondary education system. These segments are 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, the California Community
Colleges, administered by the Board of Governors of the California
Community Colleges, and independent institutions of higher education.
Provisions of the act apply to the University of California only to
the extent that the regents act, by resolution, to make the
provisions applicable.  
   This bill would make nonsubstantive changes in a provision of the
act. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 68130.5 of the  
Education Code   is amended to read: 
   68130.5.  Notwithstanding any other law:
   (a) A student, other than a nonimmigrant alien within the meaning
of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the
United States Code, who meets all of the following requirements
shall be exempt from paying nonresident tuition at the California
State University and the California Community Colleges:
   (1) Satisfaction of either of the following:
   (A) High school attendance in California for three or more years.
   (B) Attainment of credits earned in California from a California
high school equivalent to three or more years of full-time high
school  coursework and a total of three or more years of
attendance in California elementary schools, California secondary
schools, or a combination of those schools.  
coursework. 
   (2) Graduation from a California high school or attainment of the
equivalent thereof.
   (3) Registration as an entering student at, or current enrollment
at, an accredited institution of higher education in California not
earlier than the fall semester or quarter of the 2001-02 academic
year. 
   (4) Was born after January 1, 1980.  
   (4) 
    (   5)  In the case of a person without lawful
immigration status, the filing of an affidavit with the institution
of higher education stating that the student has filed an application
to legalize his or her immigration status, or will file an
application as soon as he or she is eligible to do so.
   (b) A student exempt from nonresident tuition under this section
may be reported by a community college district as a full-time
equivalent student for apportionment purposes.
   (c) The Board of Governors of the California Community Colleges
and the Trustees of the California State University shall prescribe
rules and regulations for the implementation of this section.
   (d) Student information obtained in the implementation of this
section is confidential.
   SEC. 2.    The Regents of the University of
California are requested to enact exemptions from requirements to pay
nonresident tuition for its students that are equivalent to those
applicable to students of the California Community Colleges and the
California State University pursuant to Section 68130.5 of the
Education Code, as amended pursuant to this act. 
   SEC. 3.    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.  
  SECTION 1.    Section 66000 of the Education Code
is amended to read:
   66000.  This part shall be known, and may be cited, as the Donahoe
Higher Education Act.