BILL NUMBER: AB 38AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 14, 2009 INTRODUCED BY Assembly Member Salas DECEMBER 1, 2008 An act to add Section 68085 to, and to repeal Section 68075.5 of, the Education Code, relating to postsecondary education. LEGISLATIVE COUNSEL'S DIGEST AB 38, as amended, Salas. Postsecondary education: resident classification: veterans. (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 who was a member of the Armed Forces of the United States stationed in this state on active duty for more than one year immediately prior to being discharged from the Armed Forces to resident classification for the length of time he or she lives in this state after being discharged up to the minimum time necessary to become a resident. This bill would repeal that provision and would instead enact the Veterans Education Assistance Act of 2009, which would entitle a student who was a member of the Armed Forces to resident classification for the length of time he or she lives in this state after being discharged up to the minimum time necessary to become a resident, if the student meets specified eligibility requirements, including, among other requirements, being eligible for federal veterans education benefits. By requiring community college districts to change their practices with respect to determining residency, this bill would impose 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 these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 68075.5 of the Education Code is repealed. SEC. 2. Section 68085 is added to the Education Code, to read: 68085. (a) This section shall be known and may be cited as the Veterans Education Assistance Act of 2009. (b) A student who was a member of the Armed Forces of the United States shall be entitled to resident classification for the length of time he or she lives in this state after being discharged up to the minimum time necessary to become a resident, if the student meets all of the following requirements: (1) Is eligible for benefits pursuant to the federal Post-9/11 Veterans Educational Assistance Act of 2008 (Public Law 110-252) or any other federal act establishing veterans education benefits. (2) Is honorably discharged or released from service. (3) Provides documentation of a domicile in the state, as specified in subdivision (c).(4) Provides documentation of a community service position approved by the institution, as specified in subdivision (d). For purposes of this section, a qualifying community service position shall be determined by the institution.(c) For purposes of paragraph (3) of subdivision (b), documentation of domicile shall include one of the following: (1) A copy of a lease under which the student or the student's spouse is the lessee and occupant of a residential rental property in this state. (2) A copy of a closing statement on a residential real property in this state, of which the student or the student's spouse is the owner and occupant. (3) If the student or the student's spouse is not the lessee or owner of a residence in the state, a letter from the owner of a residential real property certifying that the student resides at that property.(d) For purposes of paragraph (4) of subdivision (b), documentation of a community service position approved by the institution shall include a sworn statement by the community service provider or the community service provider's representative on the letterhead of the community service provider that the student has agreed to volunteer or work for the community service provider during the time that the student is enrolled at the institution.(e)(d) As used in this section, "domicile" means a place in which the student's habitation is fixed, where the student has the intention of remaining, and to which, whenever he or she is absent, he or she has the intention of returning. At a given time, a student may have only one domicile. 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.