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california legislation > AB 2478

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Date of Hearing: March 27, 2012

Marty Block, Chair
AB 2478 (Hayashi) - As Introduced: February 24, 2012

: Student residency requirements: veterans.

SUMMARY : Extends resident classification for four years to
California Community College (CCC) students who were stationed
in California on active duty for more than one year immediately
prior to being discharged, creating a reimbursable state mandate
if so determined by the Commission on State Mandates.

EXISTING LAW establishes uniform residency requirements for
purposes of ascertaining the amount of fees to be paid by
students at the University of California (UC), the California
State University (CSU), and CCC and establishes various
exceptions to these residency requirements, including the

1)A member of the Armed Forces who is stationed in the state on
active duty, except a member assigned for educational
purposes. (Education Code 68075)

2)A member of the Armed Forces who is transferred to another
state but continuously enrolled at a college in California.
(EC 68075)

3)A student who is a dependent of a member of the Armed Forces
stationed in this state on active duty. (EC 68074)

4)A student dependent of a member of the Armed Forces may 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. (EC


COMMENTS : This bill is double-referred to the Assembly
Veterans Affairs Committee.

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Background . Current law establishes the requirements for
determining residency for purposes of paying the lower-cost
"in-state" student fees at UC, CSU, and CCC. To qualify for the
lower resident fees, students are generally required to have
resided in California for more than one year immediately
preceding the residence determination date and undertake other
specified actions, such as registering to vote or registering
one's car in California, in order to demonstrate that they
intend to make California their home and to pay the taxes that
support California's public services.

Need for this bill . According to the author, this bill will
allow veterans who were discharged from a military installation
in California additional time to establish residency, if they
need to briefly return to their home state prior to attending
community college.

Benefits of California-resident classification for tuition and
fee purposes
. UC, CSU, and CCC are publicly subsidized with the
proceeds of state taxes; the lower resident fees for students
who reside in California reflect the contribution they and their
parents have already made by paying taxes in California. The
fees charged to non-California residents are intended to cover
the cost of the subsidy that is generated by California
taxpayers. Currently, CCC charges $36 per unit for California
residents and $244 per unit to those who have not established
California residency.

Other states . All states appear to require a veteran be a state
resident in order to qualify for in-state tuition/fee, and state
policies on spouses and dependents also require the veteran be a
state resident.

What benefit does this bill provide ?

1)Veterans from other states would be charged nonresident fees
during their first year while they establish residency. The
Post-GI Bill benefits fund a student's in-state tuition and
fees for 36 months. Thus, this bill would provide a subsidy
equaling the difference between the resident and non-resident
fees at the student's college for four academic years. The
Committee may wish to consider whether it is appropriate to
provide this subsidy to students who do not have to
demonstrate any intent to make California their home or
support its public services, including higher education.

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2)A student with resident classification is eligible for a Board
of Governors Fee Waiver; however, a veteran would probably use
his or her Post-9/11 GI Bill benefits to cover fees in order
to receive the stipend for housing and living expenses.

Recent hearing on student veteran issues . On February 28, 2012,
the Assembly Higher Education and Assembly Veterans Affairs
Committees held a joint oversight hearing on the challenges
facing California student veterans. Several students and
representatives from the higher education institutions spoke for
the need for more resources for veterans services, including
more transition assistance, improving outreach and campus-based
programs, and easing the matriculation of prior military
learning. The Committee may wish to consider whether funding
fee waivers for out-of-state CCC student veterans should be a
priority in light of the need to improve services for California
student veterans whose taxes help support their colleges and

Related legislation . AB 2250 (Gaines), which is set for hearing
in this Committee on March 27, 2012, would remove the one-year
residency requirement for veterans and their spouses. AB 38
(Salas, 2009), which died in the Assembly Appropriations
Committee, would have waived nonresident tuition for one year.
SB 272 (Runner), Chapter 356, Statutes of 2007, as introduced
would have waived the one-year residency requirement for former
military members. This provision was deleted from the chaptered
version. AB 2472 (Wyland) of 2006, was substantially similar to
this bill and was held in the Assembly Appropriations Committee.



Board of Governors of the California Communit Colleges



Analysis Prepared by
: Sandra Fried / HIGHER ED. / (916)

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