Bill Text: CA AB853 | 2011-2012 | Regular Session | Introduced

California Assembly Bill 853 (Prior Session Legislation)

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

Bill Title: Sharks.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2011-10-07 - Chaptered by Secretary of State - Chapter 525, Statutes of 2011. [AB853 Detail]

Download: California-2011-AB853-Introduced.html

BILL NUMBER: AB 853	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Blumenfield

                        FEBRUARY 17, 2011

   An act to amend Sections 68074 and 68075 of the Education Code,
relating to public postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 853, as introduced, Blumenfield. Public postsecondary
education: tuition and fees: veterans.
   Existing law establishes uniform student residency requirements
for purposes of ascertaining the amount of fees to be paid by
students at public institutions of higher education in the state.
Existing law entitles an undergraduate student who is a dependent of
a member of the Armed Forces of the United States stationed in this
state on active duty to resident classification for purposes of
determining the amount of tuition and fees. Existing law entitles a
graduate student, under the same circumstances, to resident
classification for no more than one academic year, after which he or
she is subject to the general provisions otherwise establishing
student residency requirements.
   Existing law allows a student dependent of a member of the Armed
Forces to 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.
   Existing law also grants a member of the Armed Forces who is
stationed in the state on active duty, except a member assigned for
educational purposes to a state-supported institution of higher
education, to resident classification for tuition purposes. A member
of the Armed Forces seeking a graduate degree is entitled to resident
classification for no more than 2 academic years.
   Federal law prohibits a state receiving federal assistance under
the Higher Education Opportunity Act from charging a higher rate for
attendance at a public institution of higher education than is
charged to residents of the state to a member of the Armed Forces who
is on active duty for more than 30 days and whose domicile or
permanent duty station is in the state, or to his or her spouse or
dependent child. Existing federal law requires that the rate continue
to apply so long as the member or his or her spouse or dependent
child 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.
   This bill would amend state law to conform with federal law
granting a member of the Armed Forces, or his or her dependent, as
provided, entitlement to resident classification for so long as he or
she is continuously enrolled at that institution.
   The bill would request the Regents of the University of California
to establish the same residency requirements as those established by
this bill for students enrolled at the University of California.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 68074 of the Education Code is amended to read:

   68074.  (a)  (1)     An
undergraduate   A  student who is a natural or
adopted child, stepchild, or spouse who is a dependent of a member of
the  armed forces  Armed Forces  of the
United States stationed in this state on active duty  shall
be   is  entitled to resident classification only
for the purpose of determining the amount of tuition and fees.

   (2) A student seeking a graduate degree who is a natural or
adopted child, stepchild, or spouse who is a dependent of a member of
the armed forces of the United States stationed in this state on
active duty shall be entitled to resident classification only for the
purpose of determining the amount of tuition and fees for no more
than one academic year, and shall thereafter be subject to Article 5
(commencing with Section 68060). 
   (b) If that member of the  armed forces  
Armed Forces  of the United States, whose dependent natural or
adopted child, stepchild, or spouse is in attendance at an
institution, (1) is thereafter transferred on military orders to a
place outside this state where the member continues to serve in the
 armed forces  Armed Forces  of the United
States, or (2) is thereafter retired as an active member of the
 armed forces   Armed Forces  of the United
States, the student dependent shall not lose his or her resident
classification  until he or she has resided in the state the
minimum time necessary to become a resident   so long as
he or she remains continuously enrolled at that institution  .
  SEC. 2.  Section 68075 of the Education Code is amended to read:
   68075.  (a)  An undergraduate   A 
student who is a member of the Armed Forces of the United States
stationed in this state on active duty, except a member of the Armed
Forces assigned for educational purposes to a state-supported
institution of higher education, is entitled to resident
classification only for the purpose of determining the amount of
tuition and fees. 
   (b) A student seeking a graduate degree who is a member of the
Armed Forces of the United States stationed in this state on active
duty, except a member of the Armed Forces assigned for educational
purposes to a state-supported institution of higher education, shall
be entitled to resident classification only for the purpose of
determining the amount of tuition and fees for no more than two
academic years, and shall thereafter be subject to Article 5
(commencing with Section 68060).  
   (b) If that member of the Armed Forces of the United States who is
in attendance at an institution is thereafter transferred on
military orders to a place outside this state where the member
continues to serve in the Armed Forces of the United States, he or
she shall not lose his or her resident classification so long as he
or she remains continuously enrolled at that institution. 
  SEC. 3.  The Legislature hereby requests the Regents of the
University of California to establish the same residency
classifications for students enrolled at the University of California
as those enacted by this act.