BILL NUMBER: AB 1346 CHAPTERED 09/23/00 CHAPTER 571 FILED WITH SECRETARY OF STATE SEPTEMBER 23, 2000 APPROVED BY GOVERNOR SEPTEMBER 22, 2000 PASSED THE ASSEMBLY AUGUST 31, 2000 PASSED THE SENATE AUGUST 30, 2000 AMENDED IN SENATE MAY 25, 2000 AMENDED IN ASSEMBLY JANUARY 14, 2000 AMENDED IN ASSEMBLY JANUARY 3, 2000 INTRODUCED BY Assembly Member Runner (Coauthors: Assembly Members Cardoza, Lempert, Lowenthal, Pescetti, Reyes, Scott, and Zettel) (Coauthor: Senator McPherson) FEBRUARY 26, 1999 An act to amend Sections 68074 and 68075 of, and to repeal Sections 68074.1 and 68075.1 of, the Education Code, relating to public postsecondary education. LEGISLATIVE COUNSEL'S DIGEST AB 1346, Runner. Public postsecondary education: resident classification. (1) Existing law establishes uniform student residency requirements for purposes of ascertaining the amount of fees to be paid by students. Existing law entitles a student who is a natural or adopted child, stepchild, or spouse who is a dependent of a member of the armed forces of the United States stationed in this state on active duty to resident classification at the California Community Colleges until he or she has resided in the state the minimum time necessary to become a resident. Existing law entitles these students to resident classification at the California State University indefinitely. Existing law also entitles a student who is a member of the armed forces of the United States stationed in this state on active duty, except a member of the armed forces assigned for educational purposes to a state-supported institution of higher education, to resident classification at the California State University until he or she has resided in the state the minimum time necessary to become a resident. Existing law also entitles these students to resident classification at any California community college campus. This bill would entitle undergraduate students in these categories to resident classification, for the purposes of determining the amount of tuition and fees, indefinitely by deleting the requirement that these exceptions continue only until the student has resided in the state the minimum time necessary to become a resident. As to students in these categories seeking graduate degrees, the bill would entitle them to resident classification, for the purposes of determining the amount of tuition and fees, for no more than one academic year, as prescribed. To the extent that the bill would require community college districts to change their practices with respect to determining residency, the bill would impose a state-mandated local program. The bill would also make related changes. The bill would request the Regents of the University of California to establish the same residency requirements as those established by this bill for students enrolled at the University of California. (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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. The 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 68074 of the Education Code is amended to read: 68074. (a) (1) An undergraduate student who is a natural or adopted child, stepchild, or spouse who is a dependent of a member of the armed forces of the United States stationed in this state on active duty shall be entitled to resident classification only for the purpose of determining the amount of tuition and fees. (2) A student seeking a graduate degree who is a natural or adopted child, stepchild, or spouse who is a dependent of a member of the armed forces of the United States stationed in this state on active duty shall be entitled to resident classification only for the purpose of determining the amount of tuition and fees for no more than one academic year, and shall thereafter be subject to Article 5 (commencing with Section 68060). (b) If that member of the armed forces of the United States, whose dependent natural or adopted child, stepchild, or spouse is in attendance at an institution, (1) is thereafter transferred on military orders to a place outside this state where the member continues to serve in the armed forces of the United States, or (2) is thereafter retired as an active member of the armed forces of the United States, the student dependent shall not lose his or her resident classification until he or she has resided in the state the minimum time necessary to become a resident. SEC. 2. Section 68074.1 of the Education Code is repealed. SEC. 3. Section 68075 of the Education Code is amended to read: 68075. (a) An undergraduate student who is a member of the armed forces of the United States stationed in this state on active duty, except a member of the armed forces assigned for educational purposes to a state-supported institution of higher education, is entitled to resident classification only for the purpose of determining the amount of tuition and fees. (b) A student seeking a graduate degree who is a member of the armed forces of the United States stationed in this state on active duty, except a member of the armed forces assigned for educational purposes to a state-supported institution of higher education, shall be entitled to resident classification only for the purpose of determining the amount of tuition and fees for no more than one academic year, and shall thereafter be subject to Article 5 (commencing with Section 68060). SEC. 4. Section 68075.1 of the Education Code is repealed. SEC. 5. The Legislature hereby requests the Regents of the University of California to establish the same residency classifications for students enrolled at the University of California as those enacted by this act. SEC. 6. Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.