BILL NUMBER: AB 13 CHAPTERED
BILL TEXT
CHAPTER 639
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2014
APPROVED BY GOVERNOR SEPTEMBER 27, 2014
PASSED THE SENATE AUGUST 29, 2014
PASSED THE ASSEMBLY AUGUST 29, 2014
AMENDED IN SENATE AUGUST 29, 2014
AMENDED IN SENATE AUGUST 28, 2014
AMENDED IN SENATE AUGUST 11, 2014
AMENDED IN SENATE JUNE 2, 2014
AMENDED IN SENATE SEPTEMBER 6, 2013
AMENDED IN SENATE SEPTEMBER 3, 2013
AMENDED IN SENATE JUNE 24, 2013
AMENDED IN ASSEMBLY MARCH 11, 2013
AMENDED IN ASSEMBLY JANUARY 31, 2013
INTRODUCED BY Assembly Member Conway
(Principal coauthors: Assembly Members Chávez and Quirk-Silva)
(Principal coauthor: Senator Block)
(Coauthors: Assembly Members Grove, Melendez, and Wilk)
(Coauthors: Senators Anderson, Correa, Fuller, Galgiani, Hueso,
Huff, Knight, Roth, and Wyland)
DECEMBER 3, 2012
An act to amend Section 68075.5 of the Education Code, relating to
postsecondary education, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 13, Conway. Nonresident tuition exemption: veterans.
(1) Under existing law, the segments of the public postsecondary
education system in the state include the University of California,
which is administered by the Regents of the University of California,
the California State University, which is administered by the
Trustees of the California State University, and the California
Community Colleges, which are administered by the Board of Governors
of the California Community Colleges.
Existing law exempts a student of the California Community
Colleges or the California State University 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 paying nonresident tuition for the length of time he or she
lives in the state after being discharged up to the minimum time
necessary to become a resident.
Existing law also exempts one of those students if he or she is
enrolled, or intending to enroll, at a campus of the California
Community Colleges or as an undergraduate at a campus of the
California State University from paying nonresident tuition for up to
one year if he or she files an affidavit with the institution
stating that he or she intends to establish residency in California
as soon as possible. Existing law requires a student to use this
exemption within 2 years of being discharged.
Existing law prohibits a former member of the Armed Forces who
received a dishonorable or bad conduct discharge from receiving an
exemption from paying nonresident tuition under either of the
provisions described above.
Existing law provides that the statutory provisions relating to
student residency requirements for public postsecondary education
apply to the University of California only to the extent that the
regents act, by resolution, to make these provisions applicable.
The bill, notwithstanding the requirements of existing law as
referenced above, would require the California Community Colleges and
the California State University, and request the University of
California, to update and adopt policies no later than July 1, 2015,
regarding tuition rates for eligible veterans and their eligible
dependents to ensure conformity to, and compliance with, a specified
federal statute and the requirements of existing law as described
above. To the extent that this provision would impose new duties on
community college districts, it would constitute a state-mandated
local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(3) This bill would declare that it is to take effect immediately
as an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 68075.5 of the Education Code is amended to
read:
68075.5. (a) Except as provided for in subdivisions (b), (c), and
(d), a student of the California Community Colleges or the
California State University 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 shall be exempt
from paying nonresident tuition 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.
(b) (1) Except as provided for in subdivisions (c) and (d), a
student enrolled, or intending to enroll, at a campus of the
California Community Colleges, or as an undergraduate at a campus of
the California State University, 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 shall be exempt
from paying nonresident tuition for up to one year if he or she files
an affidavit with the institution at which he or she is enrolled, or
intends to enroll, stating that he or she intends to establish
residency in California as soon as possible.
(2) The one-year exemption provided in paragraph (1) shall be used
by the student within two years of being discharged.
(c) Notwithstanding any other law, the California Community
Colleges and the California State University shall, and the
University of California is requested to, update and adopt policies
no later than July 1, 2015, regarding tuition rates for eligible
veterans and their eligible dependents to ensure conformity to, and
compliance with, the federal Veterans Access, Choice, and
Accountability Act of 2014 (Public Law 113-146) and the requirements
of this section.
(d) A former member of the Armed Forces of the United States who
received a dishonorable or bad conduct discharge shall not be
eligible for an exemption pursuant to this section.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to allow the segments of public postsecondary education
adequate time to prepare for the implementation of this act, it is
necessary that this act take effect immediately.