AB 91 — Community colleges: exemption from nonresident tuition fee: residence near the California-Mexico border.

Summary

(1) Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state and authorizes them to operate campuses and provide instruction to students. Existing law authorizes community college districts to admit nonresident students, and requires that nonresident students be charged a nonresident tuition fee unless an exemption applies. Existing law includes among these exemptions any nonresident who is both a citizen and resident of a foreign country if the nonresident has demonstrated a financial need, as specified. Existing law authorizes the attendance of certain exempted, nonresident students to be reported as resident full-time equivalent students (FTES) for state apportionment purposes. This bill would additionally exempt from the nonresident tuition fee a nonresident, low-income student who: (1) is a resident of Mexico, (2) registers for lower division courses at Cuyamaca College, Grossmont College, Imperial Valley College, MiraCosta College, Palomar College, San Diego City College, San Diego Mesa College, San Diego Miramar College, or Southwestern College, and (3) has residence within 45 miles of the California-Mexico border, as provided. The bill would, in any academic year, prohibit more than 150 FTES at each of these community colleges from being exempted from payment of the nonresident tuition fee. The bill would require the governing boards of the community colleges that choose to use this exemption to adopt one uniform policy to determine a student's residence classification, establish procedures for an appeal and review of the residence classification, and determine whether a student is low income. The bill also would require the governing boards of the community colleges that choose to use this exemption, as a condition of its students receiving the exemption described above, to collaborate with each other to ensure the adoption of the uniform policy. The bill would additionally authorize the attendance of nonresident students who receive this exemption to be reported as resident FTES for state apportionment purposes, as specified. The bill would provide that a nonresident student exempted under the above-mentioned exemption is not exempted pursuant to the existing provision involving any nonresident who is both a citizen and resident of a foreign country. The bill would require the governing boards of the community colleges that choose to use this exemption, on or before January 1, 2028, to jointly submit a report to the Legislature that includes, but is not limited to, the demographics, attendance rate, and class completion rate of nonresident students who receive the exemption described above. The bill's provisions would become inoperative on July 1, 2028, and would be repealed on January 1, 2029, as specified. The bill would also make related findings and declarations. (2) This bill would make legislative findings and declarations as to the necessity of a special statute for Cuyamaca College, Grossmont College, Imperial Valley College, MiraCosta College, Palomar College, San Diego City College, San Diego Mesa College, San Diego Miramar College, and Southwestern College. (3) This bill would not become operative unless the Board of Governors of the California Community Colleges enters into an attendance agreement that provides reciprocal rights to California residents attending a university in the State of Baja California that reasonably conforms to the benefits conferred upon residents of Mexico pursuant to certain provisions of the bill, as provided.

Bill Text

• Chaptered 10/13/23 - Chaptered Current pdf October 13, 2023
• Enrolled 09/12/23 - Enrolled pdf September 12, 2023
• Amended 09/01/23 - Amended Senate pdf September 01, 2023
• Amended 07/05/23 - Amended Senate pdf July 05, 2023
• Amended 03/13/23 - Amended Assembly pdf March 13, 2023
• Introduced 01/05/23 - Introduced pdf January 05, 2023
• AB91 View text html

Action History

1. October 13, 2023

   Chaptered by Secretary of State - Chapter 796, Statutes of 2023.

2. October 13, 2023

   Approved by the Governor.

3. September 15, 2023

   Enrolled and presented to the Governor at 4 p.m.

4. September 11, 2023

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 64. Noes 12. Page 3187.).

5. September 07, 2023

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 9 pursuant to Assembly Rule 77.

6. September 07, 2023

   Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 6. Page 2485.).

7. September 05, 2023

   Read second time. Ordered to third reading.

8. September 01, 2023

   Read second time and amended. Ordered returned to second reading.

9. September 01, 2023

   From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (September 1).

10. August 14, 2023

    In committee: Referred to APPR suspense file.

11. July 05, 2023

    Read second time and amended. Re-referred to Com. on APPR.

12. July 03, 2023

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 28).

13. June 14, 2023

    Referred to Com. on ED.

14. June 01, 2023

    In Senate. Read first time. To Com. on RLS. for assignment.

15. May 31, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 8. Page 1964.)

16. May 18, 2023

    Read second time. Ordered to third reading.

17. May 18, 2023

    From committee: Do pass. (Ayes 11. Noes 3.) (May 18).

18. April 19, 2023

    In committee: Set, first hearing. Referred to APPR. suspense file.

19. March 22, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (March 21). Re-referred to Com. on APPR.

20. March 22, 2023

    Coauthors revised.

21. March 14, 2023

    Re-referred to Com. on HIGHER ED.

22. March 13, 2023

    From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended.

23. January 26, 2023

    Referred to Com. on HIGHER ED.

24. January 06, 2023

    From printer. May be heard in committee February 5.

25. January 05, 2023

    Read first time. To print.

Sponsors

• Stephen C. Padilla · Cosponsor
• David Alvarez · Primary
• McCarty · Cosponsor
• Dawn Addis · Cosponsor
• Robert Garcia · Cosponsor

Votes

Subjects