California Assembly Bill AB882 Amended / Bill

 BILL NUMBER: AB 882AMENDED BILL TEXT AMENDED IN SENATE JUNE 30, 2011 AMENDED IN ASSEMBLY MAY 27, 2011 AMENDED IN ASSEMBLY APRIL 25, 2011 INTRODUCED BY Assembly  Member   Cook   Members   Cook   and Blumenfield  FEBRUARY 17, 2011 An act  to amend Sections 68074 and 68075 of the Education Code, and  to repeal, add, and repeal Section 974.5 of the Military and Veterans Code, relating to  military and  veterans. LEGISLATIVE COUNSEL'S DIGEST AB 882, as amended, Cook. Veterans  and military  : benefits and services.  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 of the United States 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.   Existing law also grants a member of the Armed Forces who is stationed in the state on active duty, except a member assigned for educational purposes to a state-supported institution of higher education, to resident classification for tuition purposes. A member of the Armed Forces seeking a graduate degree is entitled to resident classification for no more than 2 academic years.   Federal law prohibits a state receiving federal assistance under the Higher Education Opportunity Act from charging a higher rate for attendance at a public institution of higher education than is charged to residents of the state to a member of the Armed Forces who is on active duty for more than 30 days and whose domicile or permanent duty station is in the state, or to his or her spouse or dependent child. Existing federal law requires that the rate continue to apply so long as the member or his or her spouse or dependent child 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.   This bill would amend state law to conform with federal law granting a member of the Armed Forces, or his or her dependent, as provided, entitlement to resident classification for so long as he or she is continuously enrolled at that institution.   The bill would request the Regents of the University of California to establish the same residency requirements as those established by this bill for students enrolled at the University of California.  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 establishes the California Veterans Board within the department and sets forth its powers and duties, including, but not limited to, its power to determine operational policy for the department. The federal Workforce Investment Act of 1998 provides for workforce investment activities, including activities in which states may participate. Existing law contains various programs for job training and employment investment, including work incentive and employment training outreach programs. Existing law, the California Workforce Investment Act, requires each local workforce investment board to establish at least one full service one-stop career center in the local workforce investment area and to provide specified job placement services. Existing law authorized the department and the Employment Development Department (EDD) to enter into interagency agreements with counties that elected to participate in a specified program. This bill would, by January 1, 2013, and until January 1, 2016, require the department and EDD to enter into agreements with no more than 4 counties that elect to participate in the County Veterans Service Center Pilot Program, which this bill would establish. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. 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 natural or adopted child, stepchild, or spouse who is a dependent of a member of the  armed forces   Armed Forces  of the United States stationed in this state on active duty  shall be   is  entitled to resident classification only for the purpose of determining the amount of tuition and fees.  (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   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   Armed Forces  of the United States, or (2) is thereafter retired as an active member of the  armed forces   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   so long as he or she remains continuously enrolled at that institution  .  SEC. 2.   Section 68075 of the   Education Code   is amended to read:  68075. (a)  An undergraduate  A  student who is a member of the Armed Forces of the United States stationed in this state on active duty, except a member of the Armed Forces assigned for educational purposes to a state-supported institution of higher education, is entitled to resident classification only for the purpose of determining the amount of tuition and fees.  (b) A student seeking a graduate degree who is a member of the Armed Forces of the United States stationed in this state on active duty, except a member of the Armed Forces assigned for educational purposes to a state-supported institution of higher education, shall be entitled to resident classification only for the purpose of determining the amount of tuition and fees for no more than two academic years, and shall thereafter be subject to Article 5 (commencing with Section 68060).   (b) If that member of the Armed Forces of the United States who is in attendance at an institution 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, he or she shall not lose his or her resident classification so long as he or she remains continuously enrolled at that institution.   SECTION 1.   SEC. 3.  Section 974.5 of the Military and Veterans Code is repealed.  SEC. 2.   SEC. 4.  Section 974.5 is added to the Military and Veterans Code, to read: 974.5. (a) The purpose of this section is to establish the County Veterans Service Center Pilot Program to provide a mechanism to facilitate the delivery of complete, efficient, information and other services to veterans in a convenient setting. (b) By January 1, 2013, the Department of Veterans Affairs and the Department of Employment Development shall enter into interagency agreements with no more than four individual counties that elect to participate in the program pursuant to this section, after a determination that services to be provided pursuant to this section could improve the state's delivery of services and benefits to veterans and aid veterans in obtaining services and benefits to which veterans are entitled. Services provided pursuant to this section shall not be contrary to the purposes of, nor shall they be in conflict with, any one-stop service program provided under federal guidelines. Pursuant to the agreements, the departments may agree to provide resources and staff, or both, as necessary to locate within a single facility owned by the participating county, the state, or both. (c) The veteran service center shall be staffed with persons knowledgeable in employment and veterans benefits issues, including, but not limited to, workforce development, job training, educational benefits, compensation and pension benefits, and low-interest financing offered through CalVet for home loans and farm purchases, and shall contain all necessary resources, information, forms, and other materials necessary for a veteran to receive full employment assistance and a complete assessment of veterans benefits to which he or she is entitled. (d) This section shall remain in effect only until January 1, 2016, and as of that date is repealed.  SEC. 5.   The Legislature hereby requests the Regents of the University of California to establish the same residency classifications for students enrolled at the University of California as those enacted by this act.