BILL NUMBER: SB 311	CHAPTERED  09/25/01

	CHAPTER  347
	FILED WITH SECRETARY OF STATE  SEPTEMBER 25, 2001
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2001
	PASSED THE SENATE  SEPTEMBER 10, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 5, 2001
	AMENDED IN ASSEMBLY  AUGUST 31, 2001

INTRODUCED BY   Senator Chesbro

                        FEBRUARY 20, 2001

   An act to amend Section 68120 of the Education Code, relating to
public postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 311, Chesbro.  Public postsecondary education:  excuse of
tuition and fees.
   Existing law requires the Regents of the University of California,
the Board of Directors of the Hastings College of the Law, and the
Trustees of the California State University to excuse the mandatory
systemwide tuition and fees of any surviving spouse or surviving
child, natural or adopted, of a deceased person who was a resident of
the state, who was employed by a public agency, as defined, whose
principal duties consisted of active law enforcement service or
active fire suppression and prevention, and who was killed in the
performance of active law enforcement or active fire suppression and
prevention duties.  This provision is applicable to the Regents of
the University of California only if the regents, by resolution, make
it applicable.
   Until January 1, 2002, these provisions also apply to the
surviving spouse or surviving child of a person who died while
performing these duties, and who was employed as a contractor, or as
an employee of a contractor, performing services for a public agency,
as defined.
   This bill would extend until January 1, 2004, the application of
these provisions to the surviving spouse or surviving child of a
person who died while performing these duties, and who was a
contractor, or an employee of a contractor, performing services for a
public agency.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 68120 of the Education Code, as amended by
Section 1 of Chapter 40 of the Statutes of 2000, is amended to read:

   68120.  (a) Notwithstanding any other provision of law, no
mandatory systemwide fees or tuition of any kind shall be required of
or collected by the Regents of the University of California, the
Board of Directors of the Hastings College of the Law, or the
Trustees of the California State University from any surviving spouse
or surviving child, natural or adopted, of a deceased person who met
all of the following requirements:
   (1) He or she was a resident of this state.
   (2) He or she was employed by a public agency, or was a
contractor, or an employee of a contractor, performing services for a
public agency.
   (3) His or her principal duties consisted of active law
enforcement service or active fire suppression and prevention.  This
section shall not apply to a person whose principal duties were
clerical, even if he or she was subject to occasional call or was
occasionally called upon to perform duties within the scope of active
law enforcement or active fire suppression and prevention.
   (4) He or she was killed in the performance of active law
enforcement or active fire suppression and prevention duties or died
as a result of an accident or an injury caused by external violence
or physical force, incurred in the performance of his or her active
law enforcement or active fire suppression and prevention duties.
   (b) As used in this section, "public agency" means the state or
any city, city and county, county, district, or other local authority
or public body of or within the state.
   (c) This section shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2004, deletes or extends
that date.
  SEC. 2.  Section 68120 of the Education Code, as amended by Section
2 of Chapter 40 of the Statutes of 2000, is amended to read:
   68120.  (a) Notwithstanding any other provision of law, no
mandatory systemwide fees or tuition of any kind shall be required of
or collected by the Regents of the University of California, the
Board of Directors of the Hastings College of the Law, or the
Trustees of the California State University from any surviving spouse
or surviving child, natural or adopted, of a deceased person who met
all of the following requirements:
   (1) He or she was a resident of this state.
   (2) He or she was employed by a public agency.
   (3) His or her principal duties consisted of active law
enforcement service or active fire suppression and prevention.  This
section shall not apply to a person whose principal duties were
clerical, even if he or she was subject to occasional call or was
occasionally called upon to perform duties within the scope of active
law enforcement or active fire suppression and prevention.
   (4) He or she was killed in the performance of active law
enforcement or active fire suppression and prevention duties or died
as a result of an accident or an injury caused by external violence
or physical force, incurred in the performance of his or her active
law enforcement or active fire suppression and prevention duties.
   (b) As used in this section, "public agency" means the state or
any city, city and county, county, district, or other local authority
or public body of or within the state.
   (c) This section shall become operative on January 1, 2004.