BILL NUMBER: AB 773	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Block

                        FEBRUARY 17, 2011

   An act to  amend Section 68062 of   add
Section 94923.1 to  the Education Code, relating to
postsecondary education.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 773, as amended, Block.  Public postsecondary
education: residency.  Postsecondary education: 
 Student Tuition Recovery Fund.  
   The California Private Postsecondary Education Act of 2009
requires the Bureau for Private Postsecondary Education, by January
1, 2011, to adopt regulation procedures governing the administration
and maintenance of the Student Tuition Recovery Fund, including
requirements relating to assessments on students and student claims
against the Student Tuition Recovery Fund.  
   This bill would require the bureau to adopt by regulation,
requirements relating to assessments on students that are paid by an
institution on behalf of the student.  
   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
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 94923.1 is added to the 
 Education Code   , to read:  
   94923.1.  The bureau shall adopt by regulation, requirements
relating to assessments on students paid by an institution on behalf
of the student.  
  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 person's
residence shall not be derivative from that of 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 subdivisions (f) and (g).