BILL NUMBER: AB 773	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Block

                        FEBRUARY 17, 2011

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 773, as introduced, Block. Public postsecondary education:
residency.
   Existing law prescribes the requirements that must be met by
students in order to be eligible for resident classification for
tuition purposes at a public postsecondary educational institution.
   This bill would make technical, nonsubstantive changes to these
requirements.
   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  her husband   his or
her 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).