BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 605 (Gaines) - Community colleges: exemption from nonresident  
          tuition fee: Lake Tahoe Community College District.
          
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          |Version: April 29, 2015         |Policy Vote: ED. 9 - 0          |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: May 18, 2015      |Consultant: Jillian Kissee      |
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          This bill meets the criteria for referral to the Suspense File.


          Bill  
          Summary:  This bill, until July 1, 2022;

             1.   Exempts up to 200 students in any academic year from  
               paying nonresident tuition fees if they attend the Lake  
               Tahoe Community College (LTCC) and reside in specified  
               communities in the State of Nevada, and

             2.   Permits the LTCC to count these persons as resident  
               full-time equivalent students (FTES) for purposes of  
               determining California apportionment funding.

          The bill makes these provisions contingent upon, by July 1,  
          2021, the Board of Governors of the California Community  
          Colleges (CCC) entering into an interstate agreement with the  
          Nevada System of Higher Education that provides reciprocal  
          rights to California residents attending Western Nevada College  
          that reasonably conform to the benefits conferred upon Nevada  
          residents, pursuant to this bill. 







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          Fiscal  
          Impact:  This bill results in costs to the state of  
          approximately $357,000 Proposition 98 General Fund (net of  
          tuition fee revenue and state apportionment costs).  This  
          estimate assumes that 200 students equates to 100 FTES taking 24  
          semester units per year, and that these students pay the  
          resident tuition rate.
          
          Background:  Current law authorizes a community college district  
          (CCD) to admit non-resident students and requires that these  
          students be charged a tuition fee that is twice the amount of  
          the fee established for in-state resident students, with certain  
          specified exemptions.  State statute prescribes a formula for  
          the calculation of the nonresident fee.  

          Current law prohibits nonresident students from being reported  
          as FTES for state apportionment purposes, except where (1) the  
          CCD has less than 1500 FTES and is within 10 miles of another  
          state and has a reciprocity agreement with that state, or (2) if  
          a CCD has between 1501 and 3000 FTES and is within 10 miles of  
          another state and has a reciprocity agreement with that state,  
          it can claim up to 100 FTES for state apportionment purposes.   
          Any nonresident student that falls into these categories and is  
          reported as resident FTES for state apportionment purposes is  
          required to pay a per unit fee that is three times the amount of  
          the fee established for residents.  (Education Code § 76140)

          Existing law authorizes the Board of Governors of the CCC to  
          enter into an interstate attendance agreement with any statewide  
          pubic agency of another state that is responsible for public  
          institutions of postsecondary education providing the first two  
          years of college instruction, and that is an agency of a state  
          that is a member of Western Interstate Commission for Higher  
          Education.  (Education Code § 66801)


          Proposed Law:  
           This bill exempts persons residing in specified communities in  
          the State of Nevada from paying nonresident tuition fees if they  
          attend the LTCC.  More specifically, it: 

             1.   Exempts up to 200 students in any academic year who  








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               attend LTCC from being charged nonresident student tuition  
               fees if they reside in one of the following communities in  
               Nevada: 

               A.     Incline Village. 

               B.     Kingsbury. 

               C.     Round Hill. 

               D.     Skyland.

               E.     Stateline. 

               F.     Zephyr Cove. 

             1.   Deems students to have residence in one of the  
               communities listed above if they lived in that community  
               for more than one year immediately prior to seeking the fee  
               exemption. 

             2.   Requires the LTCC to adopt rules and regulations for  
               determining a student's residence classification and for  
               establishing procedures to appeal and review this  
               determination. 

             3.   Authorizes the LTCC to report nonresident students who  
               are exempt from paying nonresident fees pursuant to the  
               bill's provisions as resident full-time equivalent students  
               (FTES) for state apportionment purposes. 

             4.   Sunsets these provisions on July 1, 2022. 

          The bill makes these provisions contingent upon, by July 1,  
          2021, the Board of Governors of the California Community  
          Colleges enters into an interstate agreement with the Nevada  
          System of Higher Education that provides reciprocal rights to  
          California residents attending Western Nevada College that  
          reasonably conform to the benefits conferred upon Nevada  
          residents, pursuant to this bill.  


                                      -- END --









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