BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: SB 842
AUTHOR: Rubio
AMENDED: April 26, 2011
FISCAL COMM: Yes HEARING DATE: May 4, 2011
URGENCY: No CONSULTANT:Kathleen Chavira
SUBJECT : California Residency
SUMMARY
This bill exempts a student who is a spouse, domestic
partner, dependent natural or adopted child, or a stepchild
of a member of the Armed Forces of the United States who
is, or was, on active duty after January 1, 1991, from
paying nonresident tuition at the California State
University and the California Community Colleges,
regardless of immigration status, and requests the
University of California to establish this same exemption.
The bill also provides for the issuance of a California
residency identification card to specified dependents of
members or veterans of the armed forces or the California
National Guard to serve as evidence of California residency
for purposes of entitlement to any state or local benefits,
and provides that these individuals may use this document
as proof of their eligibility to apply for and receive
state and local public social services, regardless of
immigration status.
BACKGROUND
Current law establishes uniform residency requirements for
purposes of ascertaining the amount of fees to be paid by
students at UC, CSU, and CCC and establishes various
exceptions to these residency requirements for members of
the Armed Forces and their dependents, including the
following:
A member of the Armed Forces who is
stationed in this state on
active duty, except a member assigned for
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educational purposes.
A member of the Armed Forces seeking a
graduate degree, for no
more than two academic years.
An undergraduate student who is a dependent
of a member of the
Armed Forces stationed in this state on active
duty.
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.
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.
ANALYSIS
This bill :
1) Exempts a student who is a spouse, domestic partner,
dependent natural or adopted child, or a stepchild of
a member of the Armed Forces of the United States who
is, or was, on active duty after January 1, 1991, from
paying nonresident tuition at the CSU and the CCC,
regardless of the student's citizenship status.
2) Requests the University of California to establish
this same exemption from nonresident tuition as that
established by the bill for the CSU and the CCC.
3) Deletes existing provisions of law governing the
determination of entitlement to resident
classification for dependents of a member of the Armed
Forces. Specifically it:
a) Deletes the requirement that
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exemption from nonresident tuition be extended
for no more than one academic year.
b) Deletes the requirement that,
after a year, the dependent must establish
California residency.
c) Deletes the protection of the
residency status of these individuals if the
member of the armed forces is transferred outside
the state prior to the student dependent being
able to establish residency.
4) Requires the Department of Veterans Affairs to develop
and maintain a program for issuing a California
residency identification card to specified dependents
of members or veterans of the armed forces or the
California National Guard to serve as evidence of
California residency for purposes of entitlement to
any state or local benefits to which that person may
otherwise be eligible and provides for the
implementation of the program by the Department of
Motor Vehicles.
5) Provides that the California Residency Card authorized
by the bill serves as proof of eligibility to apply
for and receive state and local public social
services, to the same extent as any other applicant or
recipient, regardless of the individual's immigration
status, and further:
a) Prohibits payment of these services with
federal funds.
b) Applies these provisions only to
individuals who were dependents of the Armed
Forces member stationed in California during the
time the member was on active duty.
c) Provides that eligible state and
local public services include, but are not
limited to eligibility for Cal WORKS, In-Home
Supportive Services, Medi-Cal, general
assistance, and the California Food Assistance
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Program.
STAFF COMMENTS
1) Need for the bill . According to the author, "In the
absence of federal immigration reform, the state has
an obligation to afford the same rights to family
members and loved ones as all California residents,
regardless of their immigration status. At no time
should a soldier serving our country overseas be
concerned about his or her family members having
access to necessary services. This bill would ensure
that our state treats all family members of soldiers
equally while they are defending our freedom,
regardless of their immigration status.
2) Are the education provisions of this bill necessary ?
Effective July 1, 2009, the federal Higher Education
Opportunity Act of 2008 (H.R. 4137) 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.
Staff notes that the determination of dependents'
eligibility for exemption from non-resident tuition
appears to be based solely upon the status of the
parent as a member of the Armed Forces. The public
systems of higher education report that they have
changed their practices to reflect federal law. It
appears that the goal of this bill to ensure that all
dependents of Armed Forces members are eligible for
the same tuition rate as that charged to state
residents is already being accomplished by federal
law.
Staff recommends that Section 1 of the bill be
deleted.
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3) Other exemptions from nonresident tuition . Current
law exempts specified nonresidents of California from
paying nonresident tuition at CSU and CCC (UC complies
with existing law by resolution) if they meet all of
the following:
Attended a California high school for three
or more years.
Graduated from a California high school or
attained an equivalent
degree.
Registered at or attended an accredited
California higher education
institution beginning after fall of the 2001-02
academic year; and,
If an alien without lawful immigration
status, has filed an affidavit
stating that the student has filed an application
to legalize his or her immigration status or will
file such an application as soon as he or she is
eligible to so do.
1) Multitude of policy implications . In addition to the
proposed changes to the Education Code, this bill
establishes a process whereby members of the Armed
Forces of the US and the California National Guard are
able to secure a California residency identification
card to establish eligibility for other state or local
benefits, including Cal WORKS, In-Home Supportive
Services, Medi-Cal, general assistance, and the
California Food Assistance Program.
This bill was referred to both the Senate Committees
on Veterans Affairs and Education. However, the many
policy implications raised by its provisions go beyond
the purview of these two committees. Should this bill
be referred to the Senate Rules Committee to determine
whether a more thorough review of its implications by
other relevant policy committees is necessary?
2) Related legislation .
AB 63 (Donnelly), prohibits a person without
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lawful immigration status from qualifying for
resident tuition at the California State University
(CSU) and the California Community Colleges (CCC),
under the provisions of AB 540 (Firebaugh), Chapter
814, Statutes of 2001, and conforms to federal law
nonresident tuition exemptions for members of the
United States Armed Services or their dependents who
are enrolled at a California public postsecondary
education institution. AB 63 was heard in the
Assembly Education Committee on March 16, 2011, but
no vote was taken.
AB 853 (Blumenfield) 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. AB 853 has
passed both the Assembly Higher Education Committee
and the Assembly Committee on Veterans Affairs and
is awaiting action on the Assembly Floor.
SUPPORT
Veterans Alliance Campaign
OPPOSITION
None received.