BILL NUMBER: SB 1075	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 15, 2010

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 amended, 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
 ,   as defined  .
    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   either
 of the following:
   (1)  Members   A member  of the militia,
as defined in Section 120,  called or  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
  to Section 143 or 146, or in federal or state
military service  pursuant to Title 10 or 32 of the United
States Code.
   (2)  Reservists   A reservist  of the
United States Military Reserve who have been 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 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). 

   (b) "Military service" means either of the following:  
   (1) Full-time active state service or full-time active federal
service of a service member who is a member of the militia, as
described in paragraph (1) of subdivision (a).  
   (2) Full-time active duty of a service member who is a reservist,
as described 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
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.
   (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 is required to report for  compulsory 
military service.
   (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.