Bill Text: CA AB1969 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Regulations: filing.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-07-03 - From committee without further action pursuant to Joint Rule 62(a). [AB1969 Detail]

Download: California-2011-AB1969-Amended.html

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BILL NUMBER: AB 1969	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly  Members   Beth
Gaines     and Norby  
Member   Beth Gaines 
    (   Principal coauthor:   Assembly Member
  Norby   ) 

                        FEBRUARY 23, 2012

   An act to  add Section 68074.5 to the Education Code,
relating to public postsecondary education.   amend
Section 11349.3 of the Government Code, relating to regulations.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 1969, as amended, Beth Gaines.  Public postsecondary
education: nonresident tuition: military members.  
Regulations: filing.  
   The Administrative Procedure Act generally sets forth the
requirements for the adoption, publication, review, and
implementation of regulations by state agencies, and for review of
those regulatory actions by the Office of Administrative Law. That
act requires the office to transmit a copy of a regulation to the
Secretary of State for filing if the office approves the regulation
or fails to act on it within 30 days. That act provides that a
regulation or an order of repeal of a regulation becomes effective on
the 30th day after it is filed with the Secretary of State, unless
prescribed conditions occur.  
   This bill would prohibit the office from transmitting any
regulation to the Secretary of State for filing that it receives
between January 1, 2013, and January 1, 2015, inclusive, until after
January 1, 2015.  
   Existing law 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 the Trustees of the
California State University, and the California Community Colleges
administered by the Board of Governors of the California Community
Colleges. Existing law 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.
 
   This bill would require a student who is a member or former member
of the Armed Forces of the United States, as defined, or the State
Military Reserve, except former members who received a specified
discharge, to be exempt from paying nonresident tuition at the
California State University and the California Community Colleges,
and would request those members and former members to be exempt from
paying nonresident tuition at the University of California. By
requiring community college districts to exempt these students from
paying nonresident tuition, this bill would impose a state-mandated
local program.  
   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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


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

   SECTION 1.    Section 11349.3 of the   
 Government Code   is amended to read: 
   11349.3.  (a)  The   (1)   
 Subject to paragraph (2), the  office shall either approve
a regulation submitted to it for review and transmit it to the
Secretary of State for filing or disapprove it within 30 working days
after the regulation has been submitted to the office for review. If
the office fails to act within 30 days, the regulation shall be
deemed to have been approved and the office shall transmit it to the
Secretary of State for filing. 
   (2) The office shall not transmit any regulation to the Secretary
of State for filing that it receives between January 1, 2013, and
January 1, 2015, inclusive, until after January 1, 2015. 
   (b) If the office disapproves a regulation, it shall return it to
the adopting agency within the 30-day period specified in subdivision
(a) accompanied by a notice specifying the reasons for disapproval.
Within seven calendar days of the issuance of the notice, the office
shall provide the adopting agency with a written decision detailing
the reasons for disapproval. No regulation shall be disapproved
except for failure to comply with the standards set forth in Section
11349.1 or for failure to comply with this chapter.
   (c) If an agency determines, on its own initiative, that a
regulation submitted pursuant to subdivision (a) should be returned
by the office prior to completion of the office's review, it may
request the return of the regulation. All requests for the return of
a regulation shall be memorialized in writing by the submitting
agency no later than one week following the request. Any regulation
returned pursuant to this subdivision shall be resubmitted to the
office for review within the one-year period specified in subdivision
(b) of Section 11346.4 or shall comply with Article 5 (commencing
with Section 11346) prior to resubmission.
   (d) The office shall not initiate the return of a regulation
pursuant to subdivision (c) as an alternative to disapproval pursuant
to subdivision (b). 
  SECTION 1.    Section 68074.5 is added to the
Education Code, to read:
   68074.5.  (a) A student who is a member of the Armed Forces of the
United States or the State Military Reserve or former member of the
Armed Forces of the United States or the State Military Reserve who
has received an honorable discharge, a general discharge, or an other
than honorable discharge shall be exempt from paying nonresident
tuition at the California State University and the California
Community Colleges, and is requested to be exempt from paying
nonresident tuition at the University of California. A former member
of the Armed Forces of the United States or the State Military
Reserve who received a dishonorable discharge or a bad conduct
discharge shall not be exempt from paying nonresident tuition
pursuant to this section.
   (b) For purposes of this section, "Armed Forces of the United
States" means the Air Force, Army, Coast Guard, Marine Corps,
National Guard, Naval Militia, Navy, and the reserve components of
each of those forces, including the California National Guard.
 
  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.