Today's Law As Amended


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SB-701 Public postsecondary education: federal GI Bill: nonresident tuition: real property.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 68075.7 of the Education Code is amended to read:

68075.7.
 Notwithstanding any other law:
(a) Effective for academic terms beginning on or  after July August  1, 2019, 2021,  a student enrolled at a campus of the California Community Colleges or the California State University who meets all of the following requirements shall be exempt from paying nonresident tuition or any other fee that is exclusively applicable to nonresident students:
(1) The student resides in California.
(2) The student meets the definition of “covered individual,” as that term is defined in Section 3679(c)(2) of Title 38 of the United States Code.
(3) The student is eligible for education benefits under the federal Montgomery GI Bill–Active Duty program (Chapter 30 (commencing with Section 3001) of Title 38 of the United States Code), the Vocational Rehabilitation Veterans Readiness  and Employment program (Chapter 31 (commencing with Section 3100) of Title 38 of the United States Code), or the Post-9/11 GI Bill program (Chapter 33 (commencing with Section 3301) of Title 38 of the United States Code), as each read on January 1, 2019. 5, 2021. 
(b) After the expiration of the three-year period following discharge as described in Section 3679(c)(2)(A) or (B)(ii)(I) of Title 38 of the United States Code, a  A  student who qualifies for an exemption from paying nonresident tuition and other applicable fees under paragraph (2) of subdivision (a) shall be deemed to maintain “covered individual” status as long as the student remains continuously enrolled at a campus, even if the student enrolls in multiple programs, and the student shall continue to be exempt from paying nonresident tuition and other fees that are exclusively applicable to nonresident students. As used in this section, “continuously enrolled” means enrolled for at least the fall and spring semesters of an academic year, or for at least three of the quarters in an academic year for an institution using the quarter system.
(c) The attendance of a community college student who is exempt from paying nonresident tuition and other fees pursuant to this section may be reported by the community college district of attendance for apportionment purposes.

SEC. 3.SEC. 2.

 Section 89705 of the Education Code is amended to read:

89705.
 (a) Except as provided in subdivision (c), and as otherwise specially provided, an admission fee and rate of tuition fixed by the trustees shall be required of each nonresident student. The rate of tuition to be paid by each nonresident student, as defined in Section 68018, shall not be less than three hundred sixty dollars ($360) per year. The rate of tuition paid by each nonresident student who is a citizen and resident of a foreign country and not a citizen of the United States, except as otherwise specifically provided, shall be fixed by the trustees and shall not be less than three hundred sixty dollars ($360) per year.
(b) The trustees may waive entirely, or reduce below the rate, or the minimum rate, fixed by this section, the tuition fee of a nonresident student who is a citizen and resident of a foreign country and not a citizen of the United States and  who attends a state university or college under an agreement entered into by a governmental agency or a nonprofit corporation or organization with a similar agency, or corporation or association, domiciled in and organized under laws of a foreign country, where a principal purpose of the agreement is to encourage the exchange of students with the view of enhancing international good will and understanding. The trustees shall, in each instance, determine whether the conditions for this exemption from fees exist and may prescribe appropriate procedures to be complied with in obtaining the exemption.
(c) The trustees shall waive entirely the admission fee and rate of tuition fixed under this section for a nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(1) Demonstrates a financial need for the exemption.
(2) Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her  the student’s  parent or guardian.
(3) Moved abroad as a result of the deportation or voluntary departure specified in paragraph (2).
(4) Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(5) Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her  the student’s  secondary school attendance.
(6) Upon enrollment, will be in his or her  the student’s  first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she  the student  intends to establish residency in California as soon as possible.

SEC. 4.SEC. 3.

 Section 89706 of the Education Code is amended to read:

89706.
 (a)  The trustees may, on the basis of demonstrated financial need and scholastic achievement, waive entirely, or reduce below the rate, or the minimum rate, fixed by Section 89705, the tuition fee of a nonresident student, as defined in Section 68018, who is a citizen and resident of a foreign country, who is an undergraduate student of exceptional scholastic ability and prior scholastic achievement, and who is enrolled in a course of study of no less than 10 semester units. full-time course of study. 
(b)  The number of reductions and waivers granted by the trustees under this section shall at no time exceed 7 7.5 1/2 percent of the nonresident undergraduate students who are citizens and residents of a foreign country, then enrolled in the California State University.

SEC. 5.SEC. 4.

 Section 89707 of the Education Code is amended to read:

89707.
 (a)  The trustees may, on the basis of demonstrated financial need and scholastic achievement, waive entirely, or reduce below the rate, or the minimum rate, fixed by Section 89705, the tuition fee of a nonresident student or a nonresident student, as defined in Section 68018, who is a citizen and resident of a foreign country, who is a graduate student of exceptional scholastic ability and prior scholastic achievement, and who, while not employed full time by a state university, is employed 20 hours or more a week by a state university or is enrolled in a course of study of not less than 10 semester or quarter units. full-time course of study. 
(b)  The number of reductions and waivers granted by the trustees under this section shall at no time exceed 25 percent of the nonresident graduate students, including nonresident graduate students who are citizens and residents of a foreign country, then enrolled in the California State University.

SEC. 6.SEC. 5.

 Section 14673 of the Government Code is amended to read:

14673.
 (a)  (1)  The jurisdiction of real property owned by the state may be transferred from one state agency to another state agency with the written approval of the director. For purposes of this section only, and as provided in Section 66606.2 of the Education Code, “state agency” shall include the California State University, provided that the California State University consents to the transfer. 
(2)  In connection with such a transfer,  a transfer made pursuant to this subdivision,  the director may authorize the payment of the consideration he or she that the director  deems proper from available funds of the receiving agency to the transferring agency.
(b)  Where the interest the state owns in real property is not under the jurisdiction of any specified state agency agency,  the department may act as the transferring agency.
(c)  Upon request and without fee, the recorder of each county in which any portion of real property so transferred is located shall record any instruments executed in connection with such a transfer.
SEC. 6.
 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.