BILL ANALYSIS �
AB 882
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 882 (Cook and Blumenfield)
As Amended August 30, 2011
Majority vote
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|ASSEMBLY: |76-0 |(June 1, 2011) |SENATE: |40-0 |(September 6, |
| | | | | |2011) |
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Original Committee Reference: V.A.
SUMMARY : States that if a member of the Armed Forces or his or her
dependent is a student in California at an institution of higher
education when the military member is ordered transferred out of
state, this bill allows the student (the member or dependent) to
maintain residency status for tuition and fees purposes so long as
the student remains continuously enrolled in the institution.
The Senate amendments delete the contents of the bill and add the
contents of AB 853 (Blumenfield) pertaining to veterans education.
The June 30th amendments taken in the Senate contained both the
County Veteran Service Center Pilot Program and the education
provisions. Subsequently, the bill was amended again by the Senate
Appropriations Committee; those amendments deleted the pilot project
portion of the bill, the portion that was in the bill when it left
the Assembly, leaving only the education portions added from AB 853
(Blumenfield).
FISCAL EFFECT : According to the Senate Appropriations Committee,
the California State University, the California Community Colleges,
and the University of California, all systems are already adhering
to federal law regarding in-state tuition for members of the Armed
Forces and their dependents, consequently, there will not be any new
costs associated with the implementation of this bill.
AS PASSED BY THE ASSEMBLY , this bill required the establishment of a
pilot project between the California Department of Veterans Affairs
and the Employment Development Department to improve the delivery of
services to veterans. The bill also contained a sunset provision.
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
AB 882
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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 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. This bill conforms state law to
federal law.
The subject matter of this bill has been substantially amended twice
by the Senate. However, the subject matter which remains was heard
and the bill passed out of the Assembly Higher Education and
Veterans Affairs Committees when this same language was in AB 853
(Blumenfield). AB 853 was passed by the Assembly on a 71-0 vote.
Analysis Prepared by : John Spangler/ V.A. /(916) 319-3550
FN:
0002763