BILL NUMBER: SB 1075	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Correa

                        FEBRUARY 17, 2010

   An act to amend Sections 821 and 824 of the Military and Veterans
Code, relating to military service.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1075, as introduced, Correa. Military service: benefits.
   The California Military Families Financial Relief Act of 2005
provides certain protections for service members of the military, as
defined. These protections include, for a student granted an academic
leave of absence for military service, a requirement that the
academic institution, at the student's election, credit the student's
tuition and fee charges toward a subsequent academic term or refund
tuition and fees paid, as specified.
   This bill would, as an alternative to the above protections for a
student granted an academic leave of absence for military service,
require an institution, upon election by the student, to make
arrangements to accommodate and assist the student so that he or she
is able to meet any and all coursework requirements that he or she
may have missed due to compulsory military service.
    The bill would revise the definition of "service member" and
"military service" for purposes of the California Military Families
Financial Relief Act, and would make other related changes.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 821 of the Military and Veterans Code is
amended to read:
   821.  For purposes of this chapter, the following definitions
apply:
   (a) "Service member" means both of the following:
   (1) Members of the militia  called or   , as
defined in Section 120,  ordered into active state  military
 service by the Governor pursuant to Section 143 or 146 or into
active federal  military  service by the President of the
United States pursuant to Title 10 or 32 of the United States Code.
   (2) Reservists of the United States Military Reserve who have been
 called   ordered  to full-time 
federal  active duty  by the President of the United States
pursuant to Title 10 of the United States Code  .
   (b) "Military service" means full-time active state 
service   duty of a member of the militia, as defined in
paragraph (1) of subdivision (a),  or full-time active federal
service  for a period of 30 consecutive days of a member of the
militia  , as defined in paragraph (1) of subdivision (a), or
full-time  federal  active duty of a reservist, as defined
in paragraph (2) of subdivision (a)  , for a period of 30
consecutive days  .
  SEC. 2.  Section 824 of the Military and Veterans Code is amended
to read:
   824.  (a) If requested by a student granted an academic leave of
absence for military service, not later than one year after the
student's release from military service, other than a dishonorable
release, the institution in which the student is enrolled shall do
 either   one  of the following, as elected
by the student: 
   (1) The institution shall make arrangements to accommodate and
assist the student so that he or she is able to meet any and all
coursework requirements that he or she may have missed due to
compulsory military service.  
   (1) Credit 
    (2)     The institution shall credit 
tuition and fee charges toward a subsequent academic term in an
amount that is equal to 100 percent of what the student paid the
institution for the academic term in which the student 
withdraws   is required to report for compulsory
military service  . 
   (2) Refund 
    (3)     The institution shall refund 
tuition and fees paid for the academic term, provided the student
withdraws before the withdraw date established by the institution.
The refund shall equal 100 percent of the tuition and fee charges the
student paid the institution for the academic term. If the student
withdraws after the withdraw date established by the institution, the
student is ineligible for a refund of tuition and fee charges. For
the purposes of this section, the "withdraw date" shall be the same
as the date set by the institution for its general student population
to withdraw from the institution or a course or class without
academic penalty.
   (b) If requested by a student granted an academic leave of absence
for military service, not later than one year after the student's
release from military service, other than a dishonorable release, the
institution shall restore the student to the educational status the
student had attained prior to being called to military service
without loss of academic credits earned, scholarships or grants
awarded, or tuition and other fees paid prior to the commencement of
military service, except as provided in subdivision (a).
   (c) If an institution fails to comply with this section, the
student may bring an action against the institution to enforce its
provisions in any court of competent jurisdiction of the county in
which the student resides. If the student resides outside of this
state, the action shall be brought in the court of the county in
which the campus of the institution previously attended by the
student is located. The court may award reasonable attorney's fees
and expenses if the student prevails in the action.
   (d) The Legislature hereby requests that the University of
California adopt policies similar to those set forth in this section.