AB 853
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Date of Hearing: March 29, 2011
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Marty Block, Chair
AB 853 (Blumenfield) – As Introduced: February 17, 2011
SUBJECT: Public postsecondary education: tuition and fees: veterans.
SUMMARY: Conforms to federal law nonresident tuition exemptions for members of the
United States Armed Services and their dependents, as defined, who are enrolled at a California
public postsecondary education institution. Specifically, this bill:
1) Allows a member of the Armed Forces who is a student at a California public postsecondary
education institution and is transferred on military orders to a place outside the state to
maintain his or her residency status for tuition purposes so long as the student remains
continuously enrolled at that institution.
2) Allows a student at a California public postsecondary education institution who is the
dependent (natural or adopted child, stepchild or spouse) of a member of the Armed Forces
who is transferred on military orders to a place outside the state to maintain his or her
residency status for tuition purposes so long as the student remains continuously enrolled at
that institution.
EXISTING LAW establishes uniform residency requirements for purposes of ascertaining the
amount of fees to be paid by students at University of California (UC), California State
University (CSU), and California Community Colleges (CCC) and establishes various
exceptions to these residency requirements, including the following:
1) A member of the Armed Forces who is stationed in the state on active duty, except a member
assigned for educational purposes.
2) A member of the Armed Forces seeking a graduate degree, for no more than two academic
years.
3) An undergraduate student who is a dependent of a member of the Armed Forces stationed in
this state on active duty.
4) A graduate student who is a dependent of a member of the Armed Forces stationed in this
state on active duty, for no more than one academic year.
5) 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.
FISCAL EFFECT: Unknown. This bill is tagged nonfiscal by Legislative Counsel.
COMMENTS: This bill is double-referred to the Assembly Veterans Affairs Committee.
AB 853
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Background. The federal government enacted the Higher Education Opportunity Act of 2008
(H.R. 4137), which stipulates that a state receiving assistance under H.R. 4137 shall not charge
members of the Armed Forces, or their spouses or dependents, tuition at a public postsecondary
education institution in that state at a rate that is greater than the rate charged residents of that
state, so long as the student 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.
The Armed Services member must be on active duty for more than 30 days, and his or her
domicile or permanent duty must be in the state.
Federal compliance. As noted above, California provides several exceptions to its uniform
residency requirements for members of the Armed Forces and their dependents in order to allow
them to pay in-state tuition, instead of the more expensive nonresident tuition. However,
California does not require the student to be continuously enrolled or extend the benefit when the
Armed Services member is transferred out of the state on permanent duty, and California limits
the benefit for graduate students to two years for members of the Armed Services and one year
for their dependents. UC, CSU, and CCC have changed their practices to reflect federal law.
Related legislation. AB 63 (Donnelly, 2011) includes the continuous enrollment provision
contained in this bill, along with a prohibition for undocumented students to qualify for a
specified exemption from nonresident tuition, and will be heard by this Committee on March 29,
2011.
Prior legislation. AB 1569 (Veterans Affairs Committee, 2010), which was held in the Senate,
included the continuous enrollment provision contained in this bill. AB 950 (Salas), Chapter
362, Statutes of 2007, extended from one year to two years the period of time that graduate
students who are non-California members of the United States Armed Forces stationed in
California are entitled to pay resident fees.
REGISTERED SUPPORT / OPPOSITION:
Support
Community College League of California
Opposition
None on file.
Analysis Prepared by:
Sandra Fried / HIGHER ED. / (916) 319-3960