BILL NUMBER: AB 1197	AMENDED
	BILL TEXT

	AMENDED IN SENATE   AUGUST 25, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JULY 12, 1999
	AMENDED IN SENATE   JUNE 30, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   APRIL 27, 1999
	AMENDED IN ASSEMBLY   APRIL 6, 1999

INTRODUCED BY   Assembly Member Firebaugh
   (Coauthors:  Assembly Members Honda, Kuehl, and Romero)
   (Coauthor:  Senator Vasconcellos)

                        FEBRUARY 26, 1999

   An act to amend Section 89706 of, and to add Section 76140.1 to,
the Education Code, relating to public postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1197, as amended, Firebaugh.  Public postsecondary education:
residency.
   Existing law establishes the California Community Colleges under
the administration of the Board of Governors of the California
Community Colleges. Existing law authorizes the establishment of
community college districts under the administration of community
college governing boards, and authorizes these districts to provide
instruction at community college campuses throughout the state.
Existing law authorizes community college districts to admit, and
charge a tuition fee for, nonresident students in accordance with
specified criteria.
   Existing law establishes the California State University and
authorizes the operation of its various campuses under the
administration of the Trustees of the California State University.
Existing law authorizes the trustees, on the basis of demonstrated
financial need and scholastic achievement, to waive entirely, or
reduce below the minimum rate, the tuition fee of a nonresident
student, as defined.
   Existing law prescribes residency requirements for students at
public institutions of postsecondary education, including, among
others, the campuses of the California Community Colleges and the
California State University. With respect to alien students, existing
law specifies that an alien, including an unmarried minor alien, may
establish his or her residence unless precluded by the federal
Immigration and Nationality Act from establishing domicile in the
United States.
   This bill would require that a person, including an alien
precluded from establishing California residency because of federal
law, who has attended high school in California for 3 or more years,
who has graduated from a California high school, who continues his or
her education at a California institution of higher education within
one year of high school graduation or on or before January 1, 2001,
and who  files, or on whose behalf has been filed  ,
 if he or she is an alien precluded from establishing California
residency because of federal law, presents documentation that he or
she has initiated  a petition or application for lawful
immigration status  , or that a petition or application has been
initiated on his or her behalf  , be exempted, under specified
circumstances, from paying nonresident tuition at the California
Community Colleges or the California State University.  The bill
would request the Regents of the University of California to also
exempt these persons from paying nonresident tuition.  The bill would
also make various technical, nonsubstantive changes to the
provisions relating to residency with respect to attendance at
campuses of the California Community Colleges and the California
State University.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 76140.1 is added to the Education Code, to
read:
   76140.1.  Notwithstanding any other provision of law:
   (a)  (1)  Any person, including an alien precluded from
establishing California residency by reason of subdivision (h) of
Section 68062, who meets all of the  following requirements
  requirements set forth in paragraph (2)  is
exempt from nonresident tuition:  
   (1)  
   (2) (A)  High school attendance in California for three or
more years.  
   (2)  
   (B)  Graduation from a California high school.  
   (3)  
   (C)  Continuation of his or her education at a California
institution of higher education within one year of high school
graduation or on or before January 1, 2001.  
   (4) Filing of  
   (D) Presentation of documentation that  a petition or
application for lawful immigration status  has been initiated
 , either by the person seeking the exemption from nonresident
tuition or by another person on behalf of the person seeking the
exemption.  
   (3) Notwithstanding paragraph (1), subparagraph (D) of paragraph
(2) is applicable only to an alien precluded from establishing
California residency by reason of subdivision (h) of Section 68062.

   (b) For the purposes of this section:
   (1) "A petition or application for lawful immigration status"
includes a petition or application in relation to which the person is
a derivative beneficiary.
   (2) Documentation that a petition or application for lawful
immigration status has been initiated may include either or both of
the following:
   (A) A photocopy of the petition or application.
   (B) A letter or other document from the Immigration and
Naturalization Service or from another appropriate government agency,
or an affidavit from an attorney, indicating that the person is in
the process of petitioning or applying for lawful immigration status.

   (c) A student who is exempt from nonresident tuition pursuant to
this  section may be reported by a community college district as a
full-time equivalent student for apportionment purposes.
  SEC. 2.  Section 89706 of the Education Code is amended to read:
   89706.  (a) The trustees may, on the basis of demonstrated
financial need and scholastic achievement, waive entirely, or reduce
below the rate, or the minimum rate, fixed by Section 89705, the
tuition fee of a nonresident student, as defined in Section 68018,
who is a citizen and resident of a foreign country, who is an
undergraduate student of exceptional scholastic ability and prior
scholastic achievement, and who is enrolled in a course of study of
no less than 10 semester units.
   (b) The number of reductions and waivers granted by the trustees
under this section shall at no time exceed 71/2 percent of the
nonresident undergraduate students who are citizens and residents of
a foreign country, then enrolled in the California State University.

   (c) (1) Notwithstanding any other provision of law, any person,
including an alien precluded from establishing California residency
by reason of subdivision (h) of Section 68062, who meets all of the
 following requirements   requirements set forth
in paragraph (2)  is exempt from nonresident tuition:  

   (A)  
   (2) (A)  High school attendance in California for three or
more years.
   (B) Graduation from a California high school.
   (C) Continuation of his or her education at a California
institution of higher education within one year of high school
graduation or on or before January 1, 2001.
   (D)  Filing of   Presentation of
documentation that  a petition or application for lawful
immigration status  has been initiated  , either by the
person seeking the exemption from nonresident tuition or by another
person on behalf of the person seeking the exemption.  
   (2)  
   (3) Notwithstanding paragraph (1), subparagraph (D) of paragraph
(2) is applicable only to an alien precluded from establishing
California residency by reason of subdivision (h) of Section 68062.
   (4)  For the purposes of this subdivision:
   (A) "A petition or application for lawful immigration status"
includes a petition or application in relation to which the person is
a derivative beneficiary.
   (B) Documentation that a petition or application for lawful
immigration status has been initiated may include either or both of
the following:
   (i) A photocopy of the petition or application.
   (ii) A letter or other document from the Immigration and
Naturalization Service or from another appropriate government agency,
or an affidavit from an attorney, indicating that the person is in
the process of petitioning or applying for lawful immigration status.

  SEC. 3.  (a) The Legislature hereby requests the Regents of the
University of California to take action to exempt from nonresident
tuition any person, including an alien precluded from establishing
California residency by reason of subdivision (h) of Section 68062 of
the Education Code, who has attended high school in California for
three or more years, who has graduated from a California high school,
who continues his or her education at a California institution of
higher education within one year of high school graduation or on or
before January 1, 2001, and who  has filed   ,
only if he or she is an alien precluded from establishing California
residency by reason of subdivision (h) of Section 68062, presents
documentation that he or she has initiated  a petition or
application for lawful immigration status, or  on whose
behalf   that a petition or application for lawful
immigration status has been  filed   initiated
on his or her behalf  .
   (b) For the purposes of this section:
   (1) "A petition or application for lawful immigration status"
includes a petition or application in relation to which the person is
a derivative beneficiary.
   (2) Documentation that a petition or application for lawful
immigration status has been initiated may include either or both of
the following:
   (A) A photocopy of the petition or application.
   (B) A letter or other document from the Immigration and
Naturalization Service or from another appropriate government agency,
or an affidavit from an attorney, indicating that the person is in
the process of petitioning or applying for lawful immigration status.