AB 172: Public postsecondary education: residency: dependents of armed forces members.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-08-07
(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 establishes uniform student residency requirements for purposes of ascertaining the amount of tuition and fees to be paid by students of public postsecondary education institutions. Existing law entitles a student to resident classification for the purpose of determining tuition and fees if the student is a member, or a child or spouse who is a dependent of a member, of the Armed Forces of the United States stationed in the state on active duty, except as specified.
Existing law further provides that, 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 so long as he or she remains continuously enrolled at that institution.
This bill would extend that resident classification for designated dependents of transferred and retired members of the Armed Forces of the United States to those dependents who have been admitted to a public postsecondary institution before the transfer or retirement. The bill would request the Regents of the University of California to establish the same residency benefits as those established by this bill for students enrolled at the University of California.
To the extent that the bill 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 the statutory provisions noted above.
(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 establishes uniform student residency requirements for purposes of ascertaining the amount of tuition and fees to be paid by students of public postsecondary education institutions. Existing law entitles a student to resident classification for the purpose of determining tuition and fees if the student is a member, or a child or spouse who is a dependent of a member, of the Armed Forces of the United States stationed in the state on active duty, except as specified.
Existing law further provides that, 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 so long as he or she remains continuously enrolled at that institution.
This bill would extend that resident classification for designated dependents of transferred and retired members of the Armed Forces of the United States to those dependents who have been admitted to a public postsecondary institution before the transfer or retirement. The bill would request the Regents of the University of California to establish the same residency benefits as those established by this bill for students enrolled at the University of California.
To the extent that the bill 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 the statutory provisions noted above.
(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 establishes uniform student residency requirements for purposes of ascertaining the amount of tuition and fees to be paid by students of public postsecondary education institutions. Existing law entitles a student to resident classification for the purpose of determining tuition and fees if the student is a member, or a child or spouse who is a dependent of a member, of the Armed Forces of the United States stationed in the state on active duty, except as specified.
Existing law further provides that, 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 so long as he or she remains continuously enrolled at that institution.
This bill would extend that resident classification for designated dependents of transferred and retired members of the Armed Forces of the United States to those dependents who have been admitted to a public postsecondary institution before the transfer or retirement. The bill would request the Regents of the University of California to establish the same residency benefits as those established by this bill for students enrolled at the University of California.
To the extent that the bill 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 the statutory provisions noted above.
(a)A student 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 is entitled to resident classification only for the purpose of determining the amount of tuition and fees.
(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, or has been admitted to, a public postsecondary 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 so long as he or she remains continuously enrolled at that institution.
SEC. 2.The Legislature hereby requests the Regents of the University of California to establish the same residency benefits for students enrolled at the University of California as those enacted by Section 1 of this act.
SEC. 3.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.
(a)A student 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 is entitled to resident classification only for the purpose of determining the amount of tuition and fees.
(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, or has been admitted to, a public postsecondary 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 so long as he or she remains continuously enrolled at that institution.
SEC. 2.The Legislature hereby requests the Regents of the University of California to establish the same residency benefits for students enrolled at the University of California as those enacted by Section 1 of this act.
SEC. 3.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.
(a)A student 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 is entitled to resident classification only for the purpose of determining the amount of tuition and fees.
(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 at, or has been admitted to, a public postsecondary 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 so long as he or she remains continuously enrolled at that institution.
SEC. 2.The Legislature hereby requests the Regents of the University of California to establish the same residency benefits for students enrolled at the University of California as those enacted by Section 1 of this act.
SEC. 3.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.
REVISIONS: HeadingLine 4.|
Date
|
Status
|
|---|---|
| Aug 7, 2017 | Chaptered by Secretary of State - Chapter 165, Statutes of 2017. |
| Aug 7, 2017 | Approved by the Governor. |
| Jul 31, 2017 | Enrolled and presented to the Governor at 3:30 p.m. |
| Jul 20, 2017 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jul 20, 2017 | Read third time. Passed. Ordered to the Assembly. |
| Jul 18, 2017 | Read second time. Ordered to Consent Calendar. |
| Jul 17, 2017 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Jun 28, 2017 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 27). Re-referred to Com. on APPR. |
| Jun 7, 2017 | From committee: Do pass and re-refer to Com. on V.A. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 7). Re-referred to Com. on V.A. |
| May 18, 2017 | Referred to Coms. on ED. and V.A. |
| May 4, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 4, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1388.) |
| Apr 27, 2017 | Read second time. Ordered to Consent Calendar. |
| Apr 26, 2017 | Coauthors revised. |
| Apr 5, 2017 | Coauthors revised. |
| Mar 15, 2017 | From committee: Do pass and re-refer to Com. on V.A. (Ayes 13. Noes 0.) (March 14). Re-referred to Com. on V.A. |
| Feb 23, 2017 | Coauthors revised. |
| Feb 9, 2017 | Coauthors revised. |
| Jan 30, 2017 | Referred to Coms. on HIGHER ED. and V.A. |
| Jan 18, 2017 | From printer. May be heard in committee February 17. |
| Jan 17, 2017 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jul 20, 2017 | Consent Calendar 2nd AB172 | Senate Floor |
Passed |
|
| Jun 27, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Veterans Affairs |
Passed |
|
| Jun 7, 2017 | Do pass, but first be re-referred to the Committee on [Veterans Affairs] with the recommendation: To Consent Calendar | Senate Standing Committee on Education |
Passed |
|
| May 4, 2017 | AB 172 CHÁVEZ Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 26, 2017 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 4, 2017 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Veterans Affairs |
Passed |
|
| Mar 14, 2017 | Do pass and be re-referred to the Committee on [Veterans Affairs] | Assembly Standing Committee on Higher Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American G.I Forum of California | ** Support | Jul 19, 2017 |
| American Legion, Department Of California | ** Support | Jul 19, 2017 |
| Amvets, Department Of California | ** Support | Jul 19, 2017 |
| associated students, incorporated california state university, sacramento | ** Support | Jul 19, 2017 |
| California Association of County Veterans Services Officers | ** Support | Jun 23, 2017 |
| California Community Colleges Chancellor's Office | ** Support | Jul 19, 2017 |
| California Council of Chapters | ** Support | Jul 19, 2017 |
| California Faculty Association | ** Support | Jun 23, 2017 |
| California State University, Sacramento, Associated Students, Inc. | ** Support | Jun 23, 2017 |
| Faculty Association Of California Community Colleges | ** Support | Jul 19, 2017 |
| Military Officers Association of America | ** Support | Jul 19, 2017 |
| North Orange County Community College District | ** Support | Jul 19, 2017 |
| San Diego Military Advisory Council | ** Support | Jul 19, 2017 |
| Vietnam Veterans Of America, California State Council | ** Support | Jul 19, 2017 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
CONSENT
Bill No: AB 172
:
SENATE EDUCATION COMMITTEE: 7-0, 6/7/17
AYES: Allen, Wilk, Galgiani, Leyva, Mendoza, Pan, Vidak
SENATE VETERANS AFFAIRS COMMITTEE: 7-0, 6/27/17
AYES: Newman, Nielsen, Dodd, Hueso, Nguyen, Roth, Wilk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 76-0, 5/4/17 (Consent) - See last page for vote
DIGEST:
This bill expands the current eligibility for resident classification extended to enrolled dependents of an Armed Forces member who transfer or retire to include admitted dependents of the Armed Forces member, for purposes of determining postsecondary institution tuition and fees.
Existing law:
- Entitles a student 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 to resident classification only for the purpose of determining the amount of tuition and fees.
- Prohibits such a dependent from losing resident classification if the Armed Forces member is thereafter transferred on military orders to a place outside this state or thereafter retires as an active member of the Armed Forces, as long as the student remains continuously enrolled at that institution. (Education Code § 68074)
- Provides numerous exemptions from nonresident tuition, including for dependents of members of the Armed Forces stationed in California on active duty and for recipients of federal financial aid such as the Federal Montgomery GI bill or Post 9/11 GI bill program. (EC § 68074 and 68075.7)
This bill:
- Expands the current eligibility for resident classification extended to enrolled dependents of an Armed Forces member who transfer or retire to include admitted dependents of the Armed Forces member, for purposes of determining postsecondary institution tuition and fees. To qualify for the resident classification the dependent is required to remain continuously enrolled at the institution.
- Requests that the University of California (UC) to establish these same residency benefits for UC enrolled students.
Comments
- Rationale for the bill. According to the author, this bill clarifies the granting of resident classification for purposes of determining tuition and fees to a non-resident service member or dependent to be at the time of “admission or attendance” rather than solely “attendance.” The author asserts that there have been instances where loopholes have undermined the intent this resident classification resulting in a dependent losing their residency waiver after being accepted, committee to attending a school, and approved for a waiver but before attending classes.
Current law provides that in-state residency classification of the dependent of an Armed Forces member is contingent upon attendance and continuous enrollment at the institution. This bill additionally authorizes resident classification at the time of admission to ensure that a dependent does not lose the benefit of in-state residency if their sponsor is re-assigned by the military prior to the dependent beginning to attend classes.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
American G.I Forum of California
American Legion, Department of California
AMVETS, Department of California
Associated Students, Incorporated California State University, Sacramento
California Community Colleges Chancellor’s Office
California Council of Chapters
Faculty Association of California Community Colleges
Military Officers Association of America
North Orange County Community College District
San Diego Military Advisory Council
Vietnam Veterans of America, California State Council
OPPOSITION: (Verified 7/17/17)
None received
ASSEMBLY FLOOR: 76-0, 5/4/17
AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Travis Allen, Bigelow, Cristina Garcia, Patterson
7/19/17 15:19:51
**** END ****
SENATE COMMITTEE ON
Senator Josh Newman, Chair
2017 - 2018 Regular
Bill No: Hearing Date: 6/27/17
Author: | Chávez | ||
Version: | Introduced | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject:
DESCRIPTION
Summary:
For purpose of determining postsecondary institution tuition and fees, this bill extends the eligibility for resident classification currently provided to enrolled dependents of an Armed Forces servicemember, who transfers or retires, to include admitted dependents of the Armed Forces member.
Existing law:
- Entitles a student 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 to resident classification only for the purpose of determining the amount of tuition and fees.
- Prohibits such a dependent from losing resident classification if the Armed Forces member is thereafter transferred on military orders to a place outside this state or thereafter retires as an active member of the Armed Forces, as long as the student remains continuously enrolled at that institution.
- Provides numerous exemptions from nonresident tuition, including for dependents of members of the Armed Forces stationed in California on active duty and for recipients of federal financial aid such as the Federal Montgomery GI bill or Post 9/11 GI bill program.
This bill:
- Extends the current eligibility for resident classification currently provided to enrolled dependents of a servicemember, who transfers or retires, to include admitted dependents of the servicemember, for purposes of determining postsecondary institution tuition and fees. To qualify for the resident classification the dependent is required to remain continuously enrolled at the institution.
- Requests that the University of California (UC) to establish these same residency benefits for UC students.
BACKGROUND
Nonresident tuition fee waivers are available to eligible new and continuing undergraduate and graduate level military students, regardless of educational purposes. Active duty military personnel are eligible for a nonresident tuition fee waiver if the military member is stationed on active duty in California for more than 30 days on the residency determination date. The tuition fee waiver will be effective until the student's continuous enrollment ends, and still applies after graduating with an undergraduate degree and immediately enrolling in a graduate program the following term. The nonresident tuition fee waiver does not qualify students as a California residents; it simply waives the out-of-state tuition fee. Students who wish to have their residency status re-classified will need to apply for residency.
Dependents of active duty military personnel are eligible for a nonresident tuition fee waiver if the military member is stationed on active duty in California for more than 30 days on the residency determination date. The tuition fee waiver will be effective until the student's continuous enrollment ends, and still applies after graduating with an undergraduate degree and immediately enrolling in a graduate program the following term.
COMMENT
Committee Comments:
- This bill was approved by Senate Education Committee, 7-0.
- The nature of military service commonly requires moving between states and countries, sometimes on short notice. Therefore, it is reasonable that our State consider this in protecting the educational opportunities provided to servicemembers and their families.
This bill clarifies the granting of resident classification for purposes of determining tuition and fees to a non-resident servicemember or dependent to be at the time of “admission or attendance” rather than solely “attendance.” The author asserts that there have been instances where loopholes have undermined the intent this resident classification resulting in a dependent losing their residency waiver after being accepted to a school and approved for a waiver, but before attending classes.
Current law provides that in-state residency classification of the dependent of a servicemember is contingent upon attendance and continuous enrollment at the institution. This bill would additionally authorize resident classification at the time of admission to ensure that a dependent does not lose the benefit of in-state residency if their servicemember sponsor is re-assigned by the military prior to the dependent beginning to attend classes.
POSITIONS
Sponsor: Author.
Support:
American G.I. Forum of California
AMVETS – Dept of California
American Legion – Dept of California
California Association of County Veterans Services Officers
California Community Colleges, Chancellor’s Office
California Faculty Association
California State University, Sacramento, Associated Students, Inc.
Faculty Association of California Community Colleges
Military Officers Association of America – California Council of Chapters
North Orange County Community College District
San Diego Military Advisory Council
Vietnam Veterans of America – California State Council
Oppose: None received.
-- END --
SENATE COMMITTEE ON EDUCATION
Senator Benjamin Allen, Chair
2017 - 2018 Regular
Bill No: AB 172 Hearing Date: June 7, 2017
Author: | |||
Version: | January 17, 2017 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Olgalilia Ramirez | ||
Subject: Public postsecondary education: residency: dependents of armed forces members
NOTE: This bill has been referred to the Committees on Education and Veterans Affairs. A "do pass" motion should include referral to the Committee on Veterans Affairs.
SUMMARY
This bill expands the current eligibility for resident classification extended to enrolled dependents of an Armed Forces member who transfer or retires to include admitted dependents of the Armed Forces member, for purposes of determining postsecondary institution tuition and fees.
BACKGROUND
Existing law:
- Entitles a student 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 to resident classification only for the purpose of determining the amount of tuition and fees.
- Prohibits such a dependent from losing resident classification if the Armed Forces member is thereafter transferred on military orders to a place outside this state or thereafter retires as an active member of the Armed Forces, as long as the student remains continuously enrolled at that institution. (Education Code § 68074)
- Provides numerous exemptions from nonresident tuition, including for dependents of members of the Armed Forces stationed in California on active duty and for recipients of federal financial aid such as the Federal Montgomery GI bill or Post 9/11 GI bill program. (EC § 68074 and 68075.7)
ANALYSIS
This bill:
- This bill expands the current eligibility for resident classification extended to enrolled dependents of an Armed Forces member who transfer or retires to include admitted dependents of the Armed Forces member, for purposes of determining postsecondary institution tuition and fees. To qualify for the resident classification the dependent is required to remain continuously enrolled at the institution.
- Requests that the University of California (UC) to establish these same residency benefits for UC enrolled students.
STAFF COMMENTS
- Rationale for the bill. According to the author, this bill clarifies the granting of resident classification for purposes of determining tuition and fees to a non-resident service member or dependent to be at the time of “admission or attendance” rather than solely “attendance.” The author asserts that there have been instances where loopholes have undermined the intent this resident classification resulting in a dependent losing their residency waiver after being accepted, committee to attending a school, and approved for a waiver but before attending classes.
Current law provides that in-state residency classification of the dependent of an Armed Forces member is contingent upon attendance and continuous enrollment at the institution. This bill would additionally authorize resident classification at the time of admission to ensure that a dependent does not lose the benefit of in-state residency if their sponsor is re-assigned by the military prior to the dependent beginning to attend classes.
- Related legislation.
SB 25 (Portantino, 2017) would modify eligibility requirements for the exemption from paying nonresident tuition for students who meet the requirements to qualify for education benefits under either the federal Montgomery GI Bill or Post 9/11 GI Bill program, to align with federal law. SB 25 was approved by this committee by a vote of 7-0 and is pending a vote on the Senate Floor.
AB 1936 (Chavez, 2016) identical to this bill, would have expanded the current eligibility for resident postsecondary tuition and fees currently provided for enrolled dependents of an Armed Forces member who either transfers or retires, to those that are admitted to the institution. AB 1936 was approved by this committee by a vote of 9-0 and subsequently held in the Senate Appropriations committee’s suspense file.
SUPPORT
American G.I Forum of California
American Legion, Department of California
AMVETS, Department of California
Associated Students, Incorporated, California State University Sacramento
California Community Colleges Chancellor’s Office
California Council of Chapters
Faculty Association of California Community Colleges (FACC)
Military Officers Association of America
San Diego Military Advisory Council
Vietnam Veterans of America, California State Council
OPPOSITION
None received
-- END --
Date of Hearing: April 26, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 172
Author:(Chávez) – As Introduced Ver:January 17, 2017
Policy Committee: | Higher Education | Vote: | 13 - 0 |
Veterans Affairs | 10 - 0 |
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill expands the current eligibility for resident postsecondary tuition and fees currently provided for enrolled dependents of an Armed Forces (military) member who either transfers or retires, to those that are admitted to the institution. This bill also requests the University of California (UC) to establish the same residency benefits for students.
FISCAL EFFECT:
- The California Community Colleges indicates no costs associated with this bill. The Community Colleges abide by the federal Veteran Access, Choice and Accountability Act of 2014, which requires that all recipients of the G.I. bill be charged the same whether resident or nonresident.
- The California State University (CSU) anticipates that costs would be minor because few students would be affected.
- The UC indicates that the provisions of the bill are consistent with current practice.
COMMENTS:
- Background. Existing law entitles a student who is a dependent of a member of the military stationed in this state on active duty to resident classification only for the purpose of determining the amount of tuition and fees a student is charged. Existing law also prohibits this student from losing resident classification if the military member is thereafter transferred on military orders to a place outside this state or retires as an active member of the military, as long as the student remains continuously enrolled at that institution. This bill would expand this benefit to students who are admitted, so that if the parent transfers or retires before the student has begun classes, the dependent will not be charged out-of-state tuition.
- Purpose. This bill specifies the point at which in-state tuition is granted to a nonresident dependent to be at the time of admission or attendance rather than just attendance. According to the author, applying a dependent’s in-state residence classification at the time of admittance rather than just attendance will eliminate the issues that often arise when a member of the military is deployed before a dependent attends an institution.
- Related Legislation. This bill is identical to AB 1936 (Chávez), of the 2015-2016 Legislative Session, which was held in Senate Appropriations.
Analysis Prepared by: Daisy Gonzales / APPR. / (916) 319-2081
Date of Hearing: April 4, 2017
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Jacqui Irwin, Chair
ABPCA Bill Id:AB 172 (
Author:Chávez) – As Introduced Ver:January 17, 2017
SUBJECT: Public postsecondary education: residency: dependents of armed forces members
SUMMARY: Provides, for purposes of determining postsecondary institution tuition and fees, provides an exemption from nonresident tuition for dependents of members of the Armed Forces, as specified. Specifically, this bill:
- Provides that if a member of the Armed Forces of the United States stationed in California, whose dependent natural or adopted stepchild, or spouse has been admitted to a public postsecondary institution is thereafter transferred on military orders out of state where the member continues to serve, the student dependent shall not lose his or her resident classification as long as he or she is continuously enrolled.
- Requests the Regents of the University of California (UC) to establish the aforementioned residency benefits for students enrolled at the UC.
- Provides for reimbursement to local agencies and school districts for costs associated with this bill, should the Commission on State Mandates determine this bill contains state mandated local costs.
EXISTING LAW:
- Provides that each student shall be classified as a resident or nonresident at UC, the California State University (CSU), or the California Community Colleges (CCC). (Education Code Section 68040).
- Requires a student classified as a nonresident to pay, in addition to other fees required by the institution, nonresident tuition. (EC 68050).
- Provides numerous exemptions from nonresident tuition, including for dependents of members of the Armed Forces stationed in California on active duty. Provides that a student in attendance at a public institution that is granted residency status shall retain that residency classification so as long as he or she is continuously enrolled at that institution. (EC 68074).
FISCAL EFFECT: Unknown
COMMENTS:
At all three public higher education segments in California, the UC, the CSU, and the CCC, the difference in tuition charged residents vs non-residents is remarkable. With some variation, the cost for non-residents is approximately triple the cost for residents.
Under California law, to qualify for an exemption from non-resident tuition as a dependent child of a member of the military, the service member must be stationed in California on active duty as of the Residence Determination Date (EC 68074).
According to the author:
…[I]n the past … loopholes have undermined the purpose of this residency classification, resulting in a dependent losing their residency waiver after they were accepted, committed to attending a school, and approved for the waiver, but before they start attending classes. It is not uncommon in the military to be deployed anywhere in the world at a moment’s notice and this can jeopardize that residency classification for dependents who stay behind in CA to go to school.
The nature of service in the Armed Forces commonly requires moving between states and countries. Therefore, it is essential that our State protects the educational opportunities of those serving and their families to ensure that they do not lose their ability to go to a California State College.
Related Legislation: Last year, AB 1936 (Chávez), a bill identical in content to AB 172, was unanimously approved by this Committee. The Committee analysis for AB 1963 detailed the story of a servicemember’s dependent child who, after being admitted to a UC campus, lost her nonresident exemption because of a change in their parent’s military orders between the time of acceptance to the UC and the starting date of classes. (The servicemember parent’s start date was altered to be sooner than anticipated.)
This decision was later appealed, and the UC campus found that it would be unreasonable to withhold a military exemption due to the service member’s requirement to report prior to the original prospective rotation date. The UC campus determined that an exception to UC’s policy was appropriate in this case.
Double-Referral: This bill passed unanimously in the Assembly Higher Education Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
American GI Forum of California
American Legion- Department of California
AMVETS- Department of California
California Faculty Association
Military Officers Association of America, CA Council of Chapters
North Orange Community College District
San Diego Military Advisory Council
Vietnam Veterans of America- California State Council
Opposition
None on file.
Analysis Prepared by: Jessica Jin and John Spangler / V.A. / (916) 319-3550
Date of Hearing: March 14, 2017
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
ABPCA Bill Id:AB 172 (
Author:Chávez) – As Introduced Ver:January 17, 2017
[Note: This bill is doubled referred to the Assembly Veterans Affairs Committee and will be heard as it relates to issues under its jurisdiction.]
SUBJECT: Public postsecondary education: residency: dependents of armed forces members
SUMMARY: Provides, for purposes of determining postsecondary institution tuition and fees, provides an exemption from nonresident tuition for dependents of members of the Armed Forces, as specified. Specifically, this bill:
- Provides that if a member of the Armed Forces of the United States stationed in California, whose dependent natural or adopted stepchild, or spouse has been admitted to a public postsecondary institution is thereafter transferred on military orders out of state where the member continues to serve, the student dependent shall not lose his or her resident classification as long as he or she is continuously enrolled.
- Requests the Regents of the University of California (UC) to establish the aforementioned residency benefits for students enrolled at the UC.
- Provides for reimbursement to local agencies and school districts for costs associated with this bill, should the Commission on State Mandates determine this bill contains state mandated local costs.
EXISTING LAW:
- Provides that each student shall be classified as a resident or nonresident at UC, the California State University (CSU), or the California Community Colleges (CCC). (Education Code Section 68040).
- Requires a student classified as a nonresident to pay, in addition to other fees required by the institution, nonresident tuition. (EC 68050).
- Provides numerous exemptions from nonresident tuition, including for dependents of members of the Armed Forces stationed in California on active duty. Provides that a student in attendance at a public institution that is granted residency status shall retain that residency classification so as long as he or she is continuously enrolled at that institution. (EC 68074).
FISCAL EFFECT: Unknown
COMMENTS: Background. Under California law, to qualify for an exemption from nonresident tuition as a dependent child of a member of the military, the service member must be stationed in California on active duty as of the Residence Determination Date (EC 68074).
According to the author, there have “…been instances in the past where loopholes have undermined the purpose of this residency classification, resulting in [dependents] losing their residency waiver after they were accepted, committed to attending a school, and approved for the waiver, but before they start attending classes.”
Last year, this Committee heard and unanimously approved AB 1936 (Chávez), a bill that is identical in content to AB 172. The Committee analysis for AB 1936 detailed the story of a servicemember’s dependent child who, after being admitted to a UC campus, lost their nonresident exemption because of a change in their parent’s military orders.
This decision was later appealed, and the UC campus found that it would be unreasonable to withhold a military exemption due to the service member’s requirement to report prior to the original prospective rotation date. The UC campus determined that an exception to UC’s policy was appropriate in this case.
Purpose of this Bill. This bill specifies the point at which in-state tuition is granted to a nonresident dependent to be at the time of admission or attendance rather than just attendance. According to the author, applying a dependent’s in-state residence classification at the time of admittance rather than just attendance will eliminate the issues that often arise when a member of the Armed Forces is deployed before a dependent attends an institution.
REGISTERED SUPPORT / OPPOSITION:
Support
American G.I. Forum of California
American Legion-Department of California
AMVETS-Department of California
Faculty Association of the California Community Colleges
Military Officers Association of America, California Council of Chapters
Vietnam Veterans of America-California State Council
Opposition
None on file
Analysis Prepared by: Kevin J. Powers / HIGHER ED. / (916) 319-3960
Bill Author
Bill Co-Author(s):