BILL NUMBER: SB 1040	CHAPTERED  09/22/06

	CHAPTER  395
	FILED WITH SECRETARY OF STATE  SEPTEMBER 22, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 22, 2006
	PASSED THE SENATE  AUGUST 22, 2006
	PASSED THE ASSEMBLY  AUGUST 17, 2006
	AMENDED IN ASSEMBLY  JUNE 22, 2006
	AMENDED IN SENATE  JULY 11, 2005
	AMENDED IN SENATE  JUNE 20, 2005

INTRODUCED BY   Senators Dunn and Hollingsworth

                        FEBRUARY 22, 2005

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1040, Dunn  Public postsecondary education: fees and tuition:
waiver: survivors of deceased law enforcement and firefighting
personnel.
   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, or who was a
contractor, or who was an employee of a contractor, 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 those duties.
   Under existing law, a surviving stepchild living or domiciled with
the deceased person at the time of his or her death or at any time
while that stepchild was a minor, and claimed on a tax form filed by
or on behalf of the deceased person also qualifies for the waiver of
mandatory systemwide fees or tuition.
   This provision is applicable to the Regents of the University of
California only if the regents, by resolution, make it applicable.
   This bill would instead require that, to be eligible for the
waiver of mandatory systemwide fees or tuition under this provision,
a surviving stepchild live or be domiciled with the deceased person
at the time of his or her death.  The bill would also require that
the surviving stepchild be claimed on the tax form most recently
filed by the deceased person prior to that person's death, or receive
50% or more of his or her support from that deceased person in the
tax year immediately preceding the death of the deceased person, or
both.


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


  SECTION 1.  Section 68120 of the Education Code 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 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) Notwithstanding subdivision (a), a person who qualifies for
the waiver of mandatory systemwide fees and tuition under this
section as a surviving child of a contractor, or of an employee of a
contractor, who performed services for a public agency shall, in
addition to the requirements set forth in subdivision (a), meet both
of the following requirements:
   (1) Enrollment as an undergraduate student at a campus of the
University of California or the California State University.
   (2) Documentation that his or her annual income, including the
value of any support received from a parent, does not exceed the
maximum household income and asset level for an applicant for a Cal
Grant B award, as set forth in Section 69432.7.
   (c) As used in this section:
   (1) "Contractor" or "employee of a contractor" does not include a
security guard or security officer, as defined in Section 7582.1 of
the Business and Professions Code.
   (2) "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.
   (3) "Surviving child" means either of the following:
   (A) A surviving natural or adopted child of the deceased person.
   (B) A surviving stepchild who meets both of the following
requirements:
   (i) He or she was living or domiciled with the deceased person at
the time of his or her death.
   (ii) He or she was claimed on the tax form most recently filed by
the deceased person prior to that person's death, or he or she
received 50 percent or more of his or her support from that deceased
person in the tax year immediately preceding the death of the
deceased person, or both.