BILL NUMBER: AB 1895	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Ruskin

                        FEBRUARY 16, 2010

   An act to amend Section  66003   68062 
of the Education Code, relating to postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1895, as amended, Ruskin.  Postsecondary education:
Donahoe Higher Education Act.   Public postsecondary
education: residence.  
   Existing law requires every student to be classified as a resident
or nonresident at public postsecondary institutions in the state and
requires certain rules to be observed in determining the place of
residence of a person, including, but not limited to, the rule that a
woman's residence shall not be derivative from that of her husband.
 
   This bill would revise that rule to require that a person's
residence shall not be derivative from that of his or her spouse.
 
   Existing law, known as the Donahoe Higher Education Act, sets
forth, among other things, the missions and functions of California's
public and independent segments of higher education, and their
respective institutions of higher education, in the context of the
goals of the Master Plan for Higher Education in California. Among
other things, the act expresses legislative intent to outline in
statute the broad policy and programmatic goals of the master plan
and to expect the higher education segments to be accountable for
attaining those goals. The act also expresses legislative intent that
the governing boards of the higher education segments be given ample
discretion in implementing policies and programs necessary to attain
those goals.  
   This bill would make technical, nonsubstantive changes to those
expressions of legislative intent relative to attaining the goals of
the Master Plan for Higher Education. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 68062 of the  
Education Code   is amended to read: 
   68062.  In determining the place of residence the following rules
are to be observed:
   (a) There can only be one residence.
   (b) A residence is the place where one remains when not called
elsewhere for labor or other special or temporary purpose, and to
which he or she returns in seasons of repose.
   (c) A residence cannot be lost until another is gained.
   (d) The residence can be changed only by the union of act and
intent.
   (e) A man or woman may establish his or her residence. A 
woman's   person's  residence shall not be
derivative from that of  his or  her  husband
  spouse  .
   (f) The residence of the parent with whom an unmarried minor child
maintains his or her place of abode is the residence of the
unmarried minor child. When the minor lives with neither parent his
or her residence is that of the parent with whom he or she maintained
his or her last place of abode, provided the minor may establish his
or her residence when both parents are deceased and a legal guardian
has not been appointed.
   (g) The residence of an unmarried minor who has a parent living
cannot be changed by his or her own act, by the appointment of a
legal guardian, or by relinquishment of a parent's right of control.
   (h) An alien, including an unmarried minor alien, may establish
his or her residence, unless precluded by the Immigration and
Nationality Act (8 U.S.C. 1101, et seq.) from establishing domicile
in the United States.
   (i) The residence of an unmarried minor alien shall be derived
from his or her parents pursuant to the provisions of subdivisions
(f) and (g). 
  SECTION 1.    Section 66003 of the Education Code
is amended to read:
   66003.  It is the intent of the Legislature to outline in statute
the broad policy and programmatic goals of the Master Plan for Higher
Education and to expect the higher education segments to be
accountable for attaining those goals. However, consistent with the
spirit of the original master plan and the subsequent updates, it is
the intent of the Legislature that the governing boards of the
segments of higher education be given ample discretion in
implementing policies and programs necessary to attain those goals.