BILL ANALYSIS
SENATE COMMITTEE ON VETERANS AFFAIRS
JEFF DENHAM, CHAIRMAN
Bill No: SB 1075
Author: Correa
Version: As Proposed
Hearing Date: April 13, 2010
Fiscal: Yes
Consultant: Donald E. Wilson
SUBJECT OF BILL
Tuition refund for those ordered to active military duty
after the start of a semester or quarter.
PROPOSED LAW
1.Requires academic institutions to help students meet any
and all coursework requirements that may have been missed
after being called away for military service.
2. Requires the institution to credit the student 100
percent of tuition and fee charges towards the subsequent
academic term in which the student withdrawal is required
by compulsory military service.
3.Revises the definitions of "service member" and "military
service" for purposes of the California Military Families
Financial Relief Act.
EXISTING LAW AND BACKGROUND
1. California law requires colleges to issue a credit of a
100% refund of tuition and fees if the student withdraws
prior to the school's established withdraw date. This
credit is then applied to a subsequent academic year.
2. During the American Civil War Congress passed a
moratorium on civil actions against northern troops.
Certain southern states are said to have done the same
for their armies.
3. In World War 1 Congress passed the Soldiers' and
Sailors' Civil Relief Act of 1918 to protect service
members from losing at home what they were fighting for
on the front. The law gave courts the authority to make
equitable decisions involving military personnel.
4. In 1940 Congress renewed the Soldiers' and Sailors'
Civil Relief Act, now commonly called (SSCRA). Due to
the courts improperly carrying out the will of Congress
the SSCRA was amended in 1942 to give stronger
protections to those serving the United States of
America.
5. As some business owners have found new ways to attempt
to avoid the SSCRA law, Congress and state legislatures
have consistently returned to defend service members by
strengthening the law. In 1991 further amendments were
passed in response to the experience of Desert
Shield/Desert Storm personnel.
6. In 2002 SSCRA protections were extended to National
Guard members activated under Title 32 if activated for
federal reasons. [Note: Federal active duty is usually
activated under Title 10 of the United States Code
(U.S.C.). Usually Title 32 is state activation of the
National Guard. However, after 9-11 state National Guard
units were activated for state service in such places as
airports and bridges, but the activation was done by and
paid for by the Federal Government.]
7. In December 2003, President Bush signed a revised
version of the SSCRA, now known as the Federal Service
Members Civil Relief Act (SCRA), which again extended
SSCRA protections.
8. Since 2001, the California National Guard (CNG) has
responded to the needs of the state by deploying
thousands of Soldiers and Airmen throughout the state for
a multitude of missions, many lasting for months and some
for years. Many of these Guard members must leave their
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studies in order to respond to state emergencies. Some
may be required to perform duty for over 15 or more
consecutive days (as was the case with California's
recent wildfires).
9. After September 11, 2001 California also strengthened
SSCRA. In 2002, the Military Department sponsored AB
1433 (Horton)*, which was chaptered into law and repealed
California MVC 399 and 399.5 and added Chapter 7.5
"Protections," commencing with 400 through 420. The
passage of AB 1433 provided financial protection for
military members performing military service in regards
to court proceedings, credit contract obligations, rental
agreements, taxes (except income taxes), and
health/medical insurance, as well as eviction protection
for the military members' families. These new provisions
enabled National Guard members that are serving in state
or federal status and other military reservists
performing federal duty to receive financial protections
consistent with those found within the federal SSCRA.
10. Other previous pertinent state legislation-
a) California MVC 800-810 was codified by SB 1
(Calderon)** in 1991 to provide emergency economic relief
to California residents called to active military service
during the Iraq-Kuwait crises. This legislation augmented
protections that were already afforded under the federal
statute known as the Soldiers and Sailors Civil Relief Act
(SSCRA) of 1940.
b) Assembly Bill 306 (Baca)*** of 2005 addressed members of
the United States Military Reserve and CNG ordered to
active duty for the Iraq or Afghanistan conflicts and
ensured that Service members would be provided enhanced
financial protections.
c) AB 1666 (Frommer) of 2005, the California Families
Financial Relief Act of 2005, addressed (among other
things) the following:
Waives county recorder fee for power of attorney for
recording a service member's agent if that member is
performing military service.
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Allows for the cancellation of a cell phone contract
within 30 days if the member or spouse sends a written
notice to the cell phone service provider.
Requires a full refund of tuition and fees for college
students ordered to military service if they withdraw
prior to the school's withdrawal date.
Waiver of bar dues for the time period in which the
military member is serving military duty.
Allows for arrearages on a vehicle lease to be paid in
equal installments over the length of time the member
served military duty if a vehicle lease is terminated
pursuant to the federal Service Members Civil Relief Act.
Allows qualified customers to receive up to 180 days of
shutoff protection for utilities if income reduction is
due to a member of the family being activated to duty and
the individual notifies the public service provider of
the need for assistance.
COMMENT
1.In spite of all the protections that both the Federal and
State Governments have attempted to put in place the
author states, "it appears that some of California's
Community Colleges and State Universities have varying
policies concerning academic leaves of absence for those
students ordered to military service. There have been
some instances in which post-secondary institutions do
not extend these protections to California National Guard
members who are ordered to perform Emergency State Active
duty by the Governor."
2.This bill is another in a long line of amendments since
1942 that attempts to protect those serving our country
who otherwise are in situations beyond their control.
Theoretically one could refuse to report to duty but
would then would be thrown into the brig: either option
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means the service member is unable to pay bills or finish
the semester.
3.Military service for the provisions of this bill require
one of the following:
a)Members of the militia as defined in MVC 120 who are
activated under MVC sections 143 or 146 by the governor;
OR
b)Members of the militia as defined in MVC 120 who are
activated by the President under Titles 32 or 10 of the
U.S.C.; OR
c)Full-time Federal duty of over 30 days.
4.This bill clarifies that in order for this legislation to
apply to a reservist the service member must be "ordered"
to service.
5.This bill also clarifies that in order for the
institution to be obligated under this amendment that the
orders must have been "compulsory".
6. AUTHOR'S PROPOSED AMENDMENT - According to the author,
"the California National Guard (CNG), is proposing to
strike a "7-day" state service requirement in order to be
eligible for protections under 821-824. The sponsor
says it believes if a CNG soldier has to report to
training on say, a Friday and misses a mid-term or final
exam because of being gone for this one day, the
soldier/student should be allowed to make up the exam.
After receiving feedback from Guard members, the sponsor
indicates that it's really the instructors/professors who
either allow missed coursework to be made up, or not.
Some professors will work with the Guard member, but many
don't care, and don't accept copies of orders or letters
from the individual's unit explaining the military
obligation the student had to report to.
With the enhanced revisions to 824, the institution
(i.e. the professors) will have to accommodate the
student/military member in order for them to make up
missed work, or the student can get a refund (if they
withdraw within the timeframe established by the school),
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or the student/Guard member can restart the course in a
subsequent term without having to pay again for the
class. Under SB 1075 provisions, schools/professors will
have to coordinate with the Guard member so the
individual can complete any missed coursework or exams so
the semester/quarter isn't wasted. Just as important is
that all CSU's & CA Community Colleges will be required
to uniformly apply these revised provisions."
7.There are no previous votes on this bill.
SUPPORT
California National Guard (Sponsor)
Brigadier General Mary Kight, Adjutant General State of
California
National Guard Association of California
American Legion, Department of California
AMVETS, Department of California
Vietnam Veterans of America, California State Council
OPPOSE
None received
*Jerome Horton served in the Assembly in 2002
**Charles Calderon served in the Senate in 1991
*** Joe Baca, Jr. served in the Assembly in 2005.
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