BILL ANALYSIS �
AB 853
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Date of Hearing: March 29, 2011
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Marty Block, Chair
AB 853 (Blumenfield) - As Introduced: February 17, 2011
SUBJECT : Public postsecondary education: tuition and fees:
veterans.
SUMMARY : Conforms to federal law nonresident tuition
exemptions for members of the United States Armed Services and
their dependents, as defined, who are enrolled at a California
public postsecondary education institution. Specifically, this
bill :
1)Allows a member of the Armed Forces who is a student at a
California public postsecondary education institution and is
transferred on military orders to a place outside the state to
maintain his or her residency status for tuition purposes so
long as the student remains continuously enrolled at that
institution.
2)Allows a student at a California public postsecondary
education institution who is the dependent (natural or adopted
child, stepchild or spouse) of a member of the Armed Forces
who is transferred on military orders to a place outside the
state to maintain his or her residency status for tuition
purposes so long as the student remains continuously enrolled
at that institution.
EXISTING LAW establishes uniform residency requirements for
purposes of ascertaining the amount of fees to be paid by
students at University of California (UC), California State
University (CSU), and California Community Colleges (CCC) and
establishes various exceptions to these residency requirements,
including the following:
1)A member of the Armed Forces who is stationed in the state on
active duty, except a member assigned for educational
purposes.
2)A member of the Armed Forces seeking a graduate degree, for no
more than two academic years.
3)An undergraduate student who is a dependent of a member of the
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Armed Forces stationed in this state on active duty.
4)A graduate student who is a dependent of a member of the Armed
Forces stationed in this state on active duty, for no more
than one academic year.
5)A student dependent of a member of the Armed Forces may keep
his or her resident classification until he or she has resided
in the state for the minimum time necessary to become a
resident in the event the member of the Armed Forces upon whom
they are dependent is transferred outside of the state or
retires as an active member of the Armed Forces.
FISCAL EFFECT : Unknown. This bill is tagged nonfiscal by
Legislative Counsel.
COMMENTS : This bill is double-referred to the Assembly
Veterans Affairs Committee.
Background . The federal government enacted the Higher Education
Opportunity Act of 2008 (H.R. 4137), which stipulates that a
state receiving assistance under H.R. 4137 shall not charge
members of the Armed Forces, or their spouses or dependents,
tuition at a public postsecondary education institution in that
state at a rate that is greater than the rate charged residents
of that state, so long as the student is continuously enrolled
at the institution, notwithstanding a subsequent change in the
permanent duty station of the member to a location outside of
the state. The Armed Services member must be on active duty
for more than 30 days, and his or her domicile or permanent duty
must be in the state.
Federal compliance . As noted above, California provides several
exceptions to its uniform residency requirements for members of
the Armed Forces and their dependents in order to allow them to
pay in-state tuition, instead of the more expensive nonresident
tuition. However, California does not require the student to be
continuously enrolled or extend the benefit when the Armed
Services member is transferred out of the state on permanent
duty, and California limits the benefit for graduate students to
two years for members of the Armed Services and one year for
their dependents. UC, CSU, and CCC have changed their practices
to reflect federal law.
Related legislation . AB 63 (Donnelly, 2011) includes the
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continuous enrollment provision contained in this bill, along
with a prohibition for undocumented students to qualify for a
specified exemption from nonresident tuition, and will be heard
by this Committee on March 29, 2011.
Prior legislation . AB 1569 (Veterans Affairs Committee, 2010),
which was held in the Senate, included the continuous enrollment
provision contained in this bill. AB 950 (Salas), Chapter 362,
Statutes of 2007, extended from one year to two years the period
of time that graduate students who are non-California members of
the United States Armed Forces stationed in California are
entitled to pay resident fees.
REGISTERED SUPPORT / OPPOSITION :
Support
Community College League of California
Opposition
None on file.
Analysis Prepared by : Sandra Fried / HIGHER ED. / (916)
319-3960