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AB-3015 Public postsecondary education: exemption from nonresident tuition and fees: federally recognized Indian tribes.(2023-2024)

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Date Published: 07/02/2024 09:00 PM
AB3015:v98#DOCUMENT

Amended  IN  Senate  July 02, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3015


Introduced by Assembly Member Ramos
(Coauthors: Assembly Members Boerner and Muratsuchi)

February 16, 2024


An act to add Section 68087 to the Education Code, relating to public postsecondary education.


LEGISLATIVE COUNSEL'S DIGEST


AB 3015, as amended, Ramos. Public postsecondary education: exemption from nonresident tuition and fees: federally recognized Indian tribes.
Existing law requires each student to be classified as a resident or nonresident at the University of California, the California State University, or the California Maritime Academy, or at a California community college. Existing law requires a student classified as a nonresident to pay nonresident tuition, in addition to other fees required by the institution, except as provided. Existing law entitles a student to resident classification only for the purpose of determining tuition and fees if the student is a member of the Armed Forces of the United States stationed in the state, except as provided.
This bill would entitle a student to resident classification only for the purpose of determining tuition and fees if the student is a member of a federally recognized Indian tribe, as defined, whose tribal land lies across the state border of California and Arizona, Nevada, or Oregon, and the student has a residence in the bordering state. If the Regents of the University of California, the Trustees of the California State University, or the Board of Governors of the California Community Colleges enter into an interstate tuition and fee agreement between (1) a respective campus that enrolls students who meet the criteria for resident classification and (2) an out-of-state regionally accredited public postsecondary institution located in the bordering state where those enrolled students reside, the bill would require those agreements to provide for reciprocal benefits for students whose tribal land lies across the state border of California and Arizona, Nevada, or Oregon, but whose residence is in California, as provided. To the extent the bill would require community college districts to exempt more students from nonresident tuition, the bill would impose a state-mandated local program.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 68087 is added to the Education Code, immediately following Section 68086, to read:

68087.
 (a) A student who meets both of the following requirements shall be entitled to resident classification only for the purpose of determining tuition and fees:
(1) The student is a member of a federally recognized Indian tribe in California whose tribal land lies across the state border of California and Arizona, Nevada, or Oregon.
(2) The student has a residence in the bordering state identified in paragraph (1).
(b) (1) The Regents of the University of California, the Trustees of the California State University, and the Board of Governors of the California Community Colleges are strongly encouraged to enter into an interstate tuition and fee agreement between a respective campus that enrolls students who meet the criteria in subdivision (a) and an out-of-state regionally accredited public postsecondary institution located in the bordering state where those enrolled students reside.
(2) If an interstate agreement is entered into pursuant to this subdivision, the agreement shall provide for reciprocal benefits for students who meet the criteria of paragraph (1) of subdivision (a) but whose residence is in California and shall allow those students to have the same benefits at the out-of-state regionally accredited public postsecondary institution as the benefits conferred upon students who meet the criteria of subdivision (a).

(b)

(c) For purposes of this section, “federally recognized Indian tribe” means an Indian tribe acknowledged recognized by the federal government on the annual list published pursuant to Section 5131 of Title 25 of the United States Code.

SEC. 2.

 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.