BILL NUMBER: AB 2159	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Anderson

                        FEBRUARY 18, 2010

   An act to repeal Section 68130.5 of the Education Code, to add
Article 5 (commencing with Section 275) to Chapter 3 of Part 1 of
Division 2 of the Military and Veterans Code, and to repeal Section 1
of Chapter 814 of the Statutes of 2001, relating to postsecondary
education.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2159, as introduced, Anderson. Postsecondary education.
   (1) Existing law requires that a person, other than a nonimmigrant
alien, as defined, who has attended high school in California for 3
or more years, who has graduated from a California high school or
attained the equivalent thereof, who has registered at or attends an
accredited institution of higher education in California not earlier
than the fall semester or quarter of the 2001-02 academic year, and
who, if he or she is an alien without lawful immigration status, has
filed an affidavit as specified, is exempted from paying nonresident
tuition at the California Community Colleges and the California State
University. The act enacting that exemption also made related
legislative findings and declarations.
   This bill would repeal that exemption and those legislative
findings and declarations.
   (2) Existing law establishes the segments of the public
postsecondary education system in the state, including 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, and the California
Community Colleges, administered by the Board of Governors of the
California Community Colleges.
   Existing law provides certain benefits for qualifying members of
the California National Guard.
   This bill would require the University of California, the
California State University, or the California Community Colleges, as
applicable, to provide a specified waiver of tuition and fees
charged to a qualified member, as defined. These provisions would
apply to the University of California only to the extent the regents
make them applicable by resolution.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 68130.5 of the Education Code is repealed.

   68130.5.  Notwithstanding any other provision of 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) High school attendance in California for three or more years.
   (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) 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.  Article 5 (commencing with Section 275) is added to
Chapter 3 of Part 1 of Division 2 of the Military and Veterans Code,
to read:

      Article 5.  California National Guard Education Assistance Act


   275.  (a) Notwithstanding any other law, the University of
California, the California State University, or the California
Community Colleges, as applicable, shall provide a tuition and fee
waiver to a qualified member to meet the full cost, as authorized by
this section, of any mandatory systemwide tuition or fees, including
enrollment fees, registration fees, differential fees, or incidental
fees, charged to a qualified member.
   (b) A qualified member shall receive tuition and fee waivers for
up to 60 semester units, or the equivalent thereof, for every three
years that he or she has committed to serve in the California
National Guard.
   (c) The total amount of tuition and fee waivers authorized by this
section shall not exceed 120 semester units, or the equivalent
thereof, per qualified member.
   (d) The tuition and fee waivers authorized by this section shall
only be available to a qualified member for a period of seven years
following the date that the qualified member fulfills the service
commitments necessary to receive the tuition and fee waivers.
   (e) The tuition and fee waivers authorized by this section shall
not be provided for any mandatory systemwide tuition and fees,
including enrollment fees, registration fees, differential fees, or
incidental fees, that are covered by a Cal Grant that has been
awarded to the qualified member, or by a Board of Governors
Enrollment Fee Waiver for which the qualified member is otherwise
eligible to receive.
   (f) A tuition and fee waiver, as authorized by this section, shall
be provided only to a qualified member who made a timely application
for all Cal Grant assistance for which the member may qualify for
the academic year in which a tuition and fee waiver is under
consideration.
   (g) For purposes of the section, "qualified member" means a person
who:
   (1) Has served or is currently serving in the California National
Guard, and has maintained satisfactory service throughout the period
that qualifies him or her for educational assistance under this
section.
   (2) Has committed to at least three years of service in the
California National Guard.
   (3) Is accepted for enrollment at a campus of the University of
California, the California State University, or the California
Community Colleges.
   (h) A person who joined the California National Guard prior to
January 1, 2011, shall be required to recommit to the California
National Guard for at least three additional years, in order to
receive the educational assistance under this section.
   (i) A qualified member who is dismissed from a campus of the
University of California, the California State University, or the
California Community Colleges due to poor academic performance shall
not be eligible to receive the educational assistance under this
section in the future.
   (j) A qualified member who receives educational assistance under
this section and fails to fulfill his or her commitment to the
California National Guard shall pay to the postsecondary institution
an amount equal to the value of the tuition and fee waiver received
under this section.
   (k) The Military Department shall determine whether an individual
meets the requirements of "qualified member" as set forth in
subdivision (g).
   (l) This section shall not apply to the University of California,
except to the extent that the Regents of the University of
California, by appropriate resolution, make this section applicable.
  SEC. 3.  Section 1 of Chapter 814 of the Statutes of 2001 is
repealed. 
  SECTION 1.    (a) The Legislature hereby finds and
declares all of the following:
   (1) There are high school pupils who have attended elementary and
secondary schools in this state for most of their lives and who are
likely to remain, but are precluded from obtaining an affordable
college education because they are required to pay nonresident
tuition rates.
   (2) These pupils have already proven their academic eligibility
and merit by being accepted into our state's colleges and
universities.
   (3) A fair tuition policy for all high school pupils in California
ensures access to our state's colleges and universities, and thereby
increases the state's collective productivity and economic growth.
   (4) This act, as enacted during the 2001-02 Regular Session,
allows all persons, including undocumented immigrant students who
meet the requirements set forth in Section 68130.5 of the Education
Code, to be exempt from nonresident tuition in California's colleges
and universities.
   (5) This act, as enacted during the 2001-02 Regular Session, does
not confer postsecondary education benefits on the basis of residence
within the meaning of Section 1623 of Title 8 of the United States
Code.
   (b) It is the intent of the Legislature that:
   (1) A state court may award only prospective injunctive and
declaratory relief to a party in any lawsuit interpreting Section
68130.5 of the Education Code, as added by this act during the
2001-02 Regular Session, or any lawsuit interpreting similar
requirements adopted by the Regents of the University of California
pursuant to Section 68134 of the Education Code.
   (2) This act will have no impact on the ability of California's
public colleges and universities to assess nonresident tuition on
students who are not within the scope of this act.