BILL ANALYSIS �
AB 853
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Date of Hearing: April 26, 2011
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Paul J. Cook, 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 (residents pay lower
fees than non-residents) 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 who are considered residents for fee purposes:
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.
AB 853
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3)An undergraduate student who is a dependent of a member of the
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.
Furthermore, 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
the student is dependent is transferred outside of the state or
retires as an active member of the Armed Forces.
COMMENTS : The federal government enacted the Higher Education
Opportunity Act of 2008 (H.R. 4137). The Act 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. This restriction continues so long as the
student is continuously enrolled at the institution,
notwithstanding a subsequent change in the permanent change of
duty station ("PCS") 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
station 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 resident tuition rates, instead of the more expensive
nonresident tuition rates. However, California does not require
the student to be continuously enrolled nor does it extend the
residency benefit when the Armed Services member is PCSed, 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) included the
continuous enrollment provision contained in this bill, along
with a prohibition for undocumented students to qualify for a
specified exemption from nonresident tuition. AB 63 failed to
pass out of its first committee of referral, Higher Education.
AB 853
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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
American Legion-Department of California, AMVETS-Department of
California, Vietnam Veterans of California State Council,
California State Commanders Veterans Council, National
Association of Social Workers, Community College League
Opposition
None on file.
Analysis Prepared by : John Spangler / V. A. / (916) 319-3550