Bill Text: CA SB842 | 2011-2012 | Regular Session | Amended

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

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Bill Title: California residency.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB842 Detail]

Download: California-2011-SB842-Amended.html

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BILL NUMBER: SB 842	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 24, 2011

INTRODUCED BY   Senator Rubio

                        FEBRUARY 18, 2011

    An act relating to state government.   An
act to amend Section 68074 of the Education Code, to add Section
13005.2 to the Vehicle Code, and to add Section 10003 to the Welfare
and Institutions Code, relating to state residency, and ma  
king an appropriation therefor. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 842, as amended, Rubio.  State government. 
 California residency.  
   (1) 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 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.  
   This bill would instead provide that a student who is a spouse,
domestic partner, or dependent natural or adopted child or stepchild
of a member of the Armed Forces, as defined, who is, or was, on
active duty at any time on or after January 1, 1991, is exempt from
paying nonresident tuition at the California State University and the
California Community Colleges. Because this bill would impose new
duties on community college districts relating to determining whether
a student is eligible for this exemption, it would constitute a
state-mandated local program.  
   The bill would request the Regents of the University of California
to establish the same requirements for exemption from nonresident
tuition as those established by this bill for students enrolled at
the University of California.  
   (2) Existing law establishes the Department of Veterans Affairs
within state government and sets forth its powers and duties,
including, but not limited to, administration of veterans benefits
programs. Existing law also establishes the Department of Motor
Vehicles, which is charged with various duties, including reviewing
applications and issuing drivers' licenses.  
   This bill would require the Department of Veterans Affairs to
develop and maintain a program for the issuance of identification
cards establishing California residency to any eligible person, as
defined, who is the spouse, domestic partner, or dependent child of a
member or veteran of the Armed Services of the United States or the
California National Guard, in accordance with specified requirements.
Possession of a valid California residency identification card would
be evidence that the person is a California resident for the
purposes of entitlement to benefits at all state and local offices.
The bill would require each office of the Department of Motor
Vehicles to perform various duties with respect to distribution,
collection, and processing of the application forms and issuing the
identification cards. Among other responsibilities, the Department of
Veterans Affairs would be responsible for developing protocols to be
used by it and the Department of Motor Vehicles in administering the
program.  
   (3) Existing law includes various public social services programs
to provide for protection, care, and assistance to the people of the
state in need of those services, by providing appropriate aid and
services to the needy and distressed. Counties are responsible for
administrating these programs, such as CalWORKs, Medi-Cal, and
in-home supportive services. State funds are continuously
appropriated to pay for a share of costs under the CalWORKs program.
 
   Existing federal law limits eligibility of aliens for federal
public benefits to those who satisfy the definition of a qualified
alien, with specified exceptions. Existing federal law similarly
limits the provision of state or local public benefits, but
authorizes a state to provide state and local public benefits, as
defined, to an alien who is not lawfully present in the United States
by enactment of a state law that affirmatively provides for that
eligibility.  
   This bill, notwithstanding any other law, would make the spouse or
domestic partner, or a dependent natural or adopted child or
stepchild, of a member of the Armed Forces of the United States
stationed in this state who is, or was, on active duty at any time on
or after January 1, 1991, eligible to apply for and receive defined
state and local public social services benefits to the same extent as
any other applicant or recipient, regardless of the individual's
immigration status.  
   This bill would make an appropriation by expanding eligibility for
the CalWORKs program. In addition, the bill would increase the
duties of counties administering public social services programs,
thereby imposing a state-mandated local program.  
   (4) 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.  
   Existing law generally authorizes the Legislature to grant various
residency privileges to California residents who meet specified
requirements.  
   This bill would state the intent of the Legislature to enact
legislation relative to granting of California residency privileges
to undocumented persons serving, who have served honorably, in the
United States Armed Forces (including the Reserves and the National
Guard) and any of their undocumented, immediate family members.

   Vote:  majority   2/3  . Appropriation:
 no   yes  . Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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  spouse,
domestic partner, or a dependent  natural or adopted child
 ,   or  stepchild  , or spouse who
is a dependent  of a member of the  armed forces
  Armed Forces  of the United States 
stationed in this state   who is, or was,  on
active duty  shall be entitled to resident classification
only for the purpose of determining the amount of tuition and fees
 at any time on or after January 1, 1991, is exempt from
paying nonresident tuition at the California State University and
the California Community Colleges  . 
   (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 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 of the United States, or (2)
is thereafter retired as an active member of the 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.  
   (b) As used in 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, but not necessarily limited to, the California
National Guard.  
   (c) Eligibility under this section may be demonstrated by
presentation of a California residency identification card issued
pursuant to Section 13005.2 of the Vehicle Code. 
   SEC. 2.    Section 13005.2 is added to the  
Vehicle Code   , to read:  
   13005.2.  (a) The Department of Veterans Affairs shall develop and
maintain a program for the issuance of identification cards to an
eligible person who is the spouse, domestic partner, or dependent
child of a member or veteran of the armed services of the United
States or the California National Guard.
   (b) The identification card issued pursuant to this section shall
be known as the California residency identification card. Possession
of a valid California residency identification card shall be prima
facia evidence that the person is a California resident for purposes
of entitlement to any state or local benefits for which that person
may be otherwise eligible.
   (c) The Department of Motor Vehicles shall, in consultation with
the Department of Veterans Affairs, develop an application form and
any other information necessary to administer this section. The
Department of Motor Vehicles shall provide the application form and
instructions related to the form and shall be responsible for the
distribution of the application form, the collection of applications,
and the processing of the forms.
   (d) Each office of the Department of Motor Vehicles shall do all
of the following:
   (1) Provide applications upon request to persons seeking to obtain
a California residency identification card.
   (2) Receive and process completed applications.
   (3) Transmit completed applications to the Department of Veterans
Affairs for review and determination of eligibility.
   (4) Maintain records of California residency identification cards
granted.
   (5) Issue a California residency identification card to an
applicant who is deemed to be an eligible person, after review of the
person's application by the Department of Veterans Affairs. Upon
request of an applicant, the California residency identification card
shall be mailed to the applicant at his or her address of record.
   (e) The Department of Veterans Affairs shall develop appropriate
protocols that shall be used by it and the Department of Motor
Vehicles in administering this section, including, but not limited
to, protocols to confirm the accuracy of information contained in any
application.
   (f) For purposes of this section, an "eligible person" means a
person who is the spouse, domestic partner, or dependent child of a
person who is a member or veteran of the armed services of the United
States or the California National Guard on or after January 1, 1991.

   SEC. 3.    Section 10003 is added to the  
Welfare and Institutions Code   , to read:  
   10003.  (a) Notwithstanding any other law, and pursuant to the
authority granted under Section 1621(d) of Title 8 of the United
States Code, an individual who is the spouse or domestic partner, or
a dependent natural or adopted child or stepchild, of a member of the
Armed Forces of the United States stationed in this state who is, or
was, on active duty at any time on or after January 1, 1991, shall
be eligible to apply for and receive state and local public social
services, to the same extent as any other applicant or recipient,
regardless of that individual's immigration status. Proof of
eligibility for this purpose may include the presentation of a
California residency identification card issued pursuant to Section
13005.2 of the Vehicle Code. No federal funds shall be used to
provide any service provided pursuant to this section.
   (b) (1) As used in 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, but not necessarily limited to, the
California National Guard.
   (2) As used in this section, "state and local public social
services" means any welfare, health, disability, food assistance, or
similar benefit for which payments or assistance is provided to an
individual, household, or family assistance unit by an agency of the
state or a local government, or by appropriated funds of a state or
local government. "State and local public social services" include,
but are not limited to, all of the following programs:
   (A) The CalWORKs program (Chapter 2 (commencing with Section
11200) of Part 3).
   (B) The In-Home Supportive Services program (Article 7 (commencing
with Section 12300) of Chapter 3 of Part 3).
   (C) The Medi-Cal program (Chapter 7 (commencing with Section
14000) of Part 3).
   (D) The general assistance program (Part 5.5 (commencing with
Section 17000)).
   (E) The California Food Assistance Program (Chapter 10.1
(commencing with Section 18930) of Part 6). 
   SEC. 4.    The Legislature hereby requests the
Regents of the University of California to establish the same
requirements for exemption from payment of nonresident tuition for
students enrolled at the University of California as those enacted by
Section 68074 of the Education Code. 
   SEC. 5.    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.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation relative to granting of California residency
privileges to undocumented persons serving, or who have served
honorably, in the United States Armed Forces (including the Reserves
and the National Guard) and any of their undocumented, immediate
family members.