BILL ANALYSIS �
AB 2250
Page 1
Date of Hearing: April 24, 2012
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Paul J. Cook, Chair
AB 2250 (Gaines) - As Amended: April 9, 2012
SUMMARY : This bill would exempt specified veterans from paying
non-resident tuition at California higher education
institutions. Specifically, this bill :
1. Exempts certain veterans and their spouses from paying
nonresident tuition at the California State University and
the California Community Colleges, and requests exemption
for them from paying nonresident tuition at the University
of California;
2. Specifies that the exemption applies to a student:
a. Who is a former member of the Armed Forces of
the United States or the State Military Reserve, or
b. Is the spouse of a former member of the Armed
Forces of the United States or the State Military
Reserve;
3. Requires the former military member to have received an
honorable discharge;
4. Requires the former military member to have served at
least 36 months in the military before discharge;
5. Requires the former military member must have received
an honorable discharge for the member or spouse to be
eligible; and
6. Requires the student to file an affidavit with the
institution stating his or her intent to establish
residency in California as soon as possible.
EXISTING LAW :
1. Establishes the segments of the public postsecondary
education system in the state, including the University of
California administered by the Regents of the University of
California, the California State University administered by
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the Trustees of the California State University, and the
California Community Colleges administered by the Board of
Governors of the California Community Colleges.
2. Establishes uniform student residency requirements for
purposes of ascertaining the amount of fees to be paid by
students at these segments of public postsecondary
education.
3. A student who is a member of the Armed Forces of the
United States stationed in this state on active duty,
except a member of the Armed Forces assigned for
educational purposes to a state-supported institution of
higher education, is entitled to resident classification
only for the purpose of determining the amount of tuition
and fees.
4. If that member of the Armed Forces of the United States
who is in attendance at an institution is thereafter
transferred on military orders to a place outside this
state where the member continues to serve in the Armed
Forces of the United States, he or she shall not lose his
or her resident classification so long as he or she remains
continuously enrolled at that institution.
5. A student who was a member of the armed forces of the
United States stationed in this state on active duty for
more than one year immediately prior to being discharged
from the armed forces is entitled to resident
classification for the length of time he or she lives in
this state after being discharged up to the minimum time
necessary to become a resident.
FISCAL EFFECT : Unknown at this time. This bill is keyed
fiscal.
COMMENTS :
Active duty military members move regularly during most typical
military careers. The Current Population Survey (CPS) is a
monthly survey of households conducted by the Bureau of Census
for the Bureau of Labor Statistics and is the basis for official
government labor force statistics, including the unemployment
rate. The Annual Social and Economic supplement to the CPS
indicates that active duty military families have a relatively
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high rate of interstate mobility compared to the general
population. For example, military spouses moved across
interstate lines at a rate approximately 15 times higher than
the general population.
The Post 9/11 GI Bill program will only pay the resident tuition
cost for a student. Thus, students using that program are
currently faced with a choice, wait to establish residency
before attending school or pay out of pocket (or find some
other program) to cover the difference between the resident and
non-resident rates. That difference is substantial. According
to the Assembly Committee on Higher Education:
Benefits of California-resident classification for tuition
and fee purposes . UC, CSU, and CCC are publicly subsidized
with the proceeds of state taxes; the lower resident fees
for students who reside in California reflect the
contribution they and their parents have already made by
paying taxes in California. The fees charged to
non-California residents are intended to cover the cost of
the subsidy that is generated by California taxpayers.
Tuition and fees for a full-time undergraduate student in
2011-12 are:
Resident
Out-of-State
UC $12,192$35,070
CSU $5,472 $10,170
CCC $36 per unit $244 per unit
Veterans, particularly young veterans from the era of conflicts
in Iraq and Afghanistan, face an alarming employment situation.
Gulf War II era veterans were unemployed at a rate of 12.5%,
compared to 9.5% for the overall population. Reducing barriers
for them to obtain higher education, particularly when many of
them are able to attend school and utilize the generous Post
9/11 GI bill is an important policy decision.
The bill as drafted allows students to continue to pay resident
tuition even as they retain residency in another state, however,
they must declare their intent to establish residency here.
Existing law strikes a balance, allowing students to pay
resident fees while on active duty and for approximately a year
after, giving time to establish residency. This one-year
exemption applies however, only to students who were stationed
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in California for one year prior to discharge. This bill will
extend a similar exemption to veteran students and spouses even
if they were not stationed here for one year prior to their
discharge and allow the exemption to continue for longer than
one year.
The State is in a time of budget austerity and most of our
institutions of higher education are impacted by severe budget
cuts and applications from far more students than they can
serve. For example, last fall CSU schools only admitted
students systemwide at a rate of 67%. For the UC system it the
admission rate was only 9.3%. Policymakers must balance the
unique needs of military and veterans who have served their
nation honorably during a time of war against a severely
oversubscribed and budget-reduced higher education system.
Related legislation . AB 2478 (Hayashi), would waive nonresident
tuition for up to four years for CCC students who served on
active duty for one year immediately prior to discharge. AB 38
(Salas, 2009), which died in the Assembly Appropriations
Committee, would have waived nonresident tuition for one year.
SB 272 (Runner), Chapter 356, Statutes of 2007, as introduced
would have waived the one-year residency requirement for former
military members. This provision was deleted from the chaptered
version. AB 2472 (Wyland) of 2006, was substantially similar to
this bill and was held in the Assembly Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Veterans of Foreign Wars of the United States, Department of
California.
National Association of Veterans Program Administrators
American Legion- Department of California
AMVETS- Department of California
California Association of County Veteran Service Officers
California State Commanders Veterans Council
Vietnam Veterans of America- California State Council
Cal Veterans Group
Returning Veterans of America
California Community Colleges Chancellor's Office
North Orange County Community College District
Orange County Community Colleges Legislative Task Force
South Orange County Community College District
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Coast Community College District
Rancho Santiago Community College District
Opposition
None on file.
Analysis Prepared by : John Spangler / V. A. / (916) 319-3550