BILL ANALYSIS �
AB 2478
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Date of Hearing: April 24, 2012
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Paul J. Cook, Chair
AB 2478 (Hayashi) - As Amended: April 9, 2012
SUBJECT : Student residency requirements: veterans
SUMMARY : The measure alters the residency requirements for
discharged servicemembers who wish to attend California
Community Colleges (CCC) Specifically, this bill :
Entitles a community college student who:
1. Was a member of the Armed Forces of the United States;
and
2. Stationed in this state on active duty;
3. For more than one year immediately prior to being
discharged,
4. To be exempt from paying non-resident tuition for the
length of time he or she lives in this state after being
discharged up to four years, if
5. He or she files an affidavit with the community college
stating that he or she intends to establish residency in
California as soon as possible.
EXISTING LAW : Entitles 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 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.
COMMENTS : It is common for military personnel to move often
and not change their legal residency every time they move.
"Legal residency," or "domicile" refers to the place where a
military member intends to return to and live after discharge or
retirement, and which they consider their "permanent home."
Legal residency determines what local (state) tax laws a
military member is subject to, and in which local (city, county,
state) elections the servicemember may vote, among other things.
AB 2478
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In recognition of the difficulties of military service and the
sacrifices of servicemembers existing California law assists the
discharged military student who wants to stay in California and
go to school. Current California law says the military
student, once discharged, can pay resident tuition until the
student has stayed long in California enough to establish
residency (normally one year). Then the student becomes a
resident or chooses not to (it is not automatic). There may
only be one legal state of residence, so in order to become a
resident of California for tuition purposes, residency must be
relinquished in the former state of residence for the student.
This bill would allow the student to forgo becoming a resident
of California while still obtaining the benefit of resident
tuition.
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 existing
one-year exemption applies however, only to students who were
stationed 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. The exemption will also now extend to a
full four years post discharge. Students however must file an
affidavit declaring their intention to establish residency as
soon as possible.
Related legislation . AB 2250 (Gaines) would remove the one-year
residency requirement for veterans and their spouses who file an
affidavit of intent to establish residency. 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
Orange County Community Colleges Legislative Task Force
Rancho Santiago Community College District
AB 2478
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Coast Colleges
North Orange County Community College District
South Orange County Community College District
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
California Community Colleges Chancellor's Office
Opposition
None at this time.
Analysis Prepared by : John Spangler / V. A. / (916) 319-3550