BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1075|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 1075
Author: Correa (D)
Amended: 4/28/10
Vote: 21
SENATE VETERANS AFFAIRS COMMITTEE : 4-0, 4/13/10
AYES: Denham, Correa, Negrete McLeod, Cedillo
NO VOTE RECORDED: Wyland, Vacancy, Vacancy
SENATE EDUCATION COMMITTEE : 8-0, 4/21/10
AYES: Romero, Huff, Alquist, Hancock, Liu, Price,
Simitian, Wyland
NO VOTE RECORDED: Maldonado
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/17/10
AYES: Kehoe, Cox, Alquist, Leno, Wolk, Wyland, Yee
NO VOTE RECORDED: Corbett, Denham, Price, Walters
SUBJECT : Military service: benefits
SOURCE : California National Guard
DIGEST : This bill requires academic institutions to
reasonably accommodate and assist students who are called
to active military duty so they can meet any and all
coursework requirements missed due to military service.
ANALYSIS : Existing federal law, the Servicemembers Civil
Relief Act (SCRA), which expanded the former Soldiers' and
Sailors' Civil Relief Act, provides a wide range of
CONTINUED
SB 1075
Page
2
protections for individuals entering, called to active
military duty, and deployed service members. The intent is
to postpone or suspend certain civil and financial
obligations to enable service members to devote "full
attention to duty." Reservists and members of the National
Guard when in active federal service are also protected
under SCRA. (Section 101 of the United States Code)
Existing state law provides various protections to service
members that are consistent with those found within the
SCRA including, but not limited to, protections regarding
court proceedings, credit contract obligations, rental
agreements, and eviction protections. (Sections 800-811 of
the Military and Veterans Code [MVC])
The California Military Families Financial Relief Act of
2005 protects college students called to active duty from
tuition loss by requiring institutions to either (1) credit
100 percent of the tuition and fees toward a subsequent
academic year or (2) provide a full refund of the tuition
and fees if the student withdraws before the withdraw date
established by the institution. (MVC Section 824)
Existing state law requests the University of California
(UC) and requires the California State University (CSU) and
each community college to grant priority registration for
enrollment to former members of the Armed Forces of the
United States within two years of leaving active military
duty. (Section 66025.8 of the Education Code)
This bill:
1. Revises the definitions of "service member" and
"military service" for purposes of the California
Military Families Financial Relief Act.
2. Requires academic institutions, upon request by a
student granted an academic leave of absence, to do one
of the following:
A. Make arrangements to reasonably accommodate and
assist the student so that he/she is able to meet any
and all coursework requirements that he/she may have
missed due to military service.
SB 1075
Page
3
B. Credit tuition and fee charges toward a subsequent
academic term in an amount that is equal to 100
percent of what the student paid for the academic
term in which the student is required to report for
military service.
C. Refund tuition and fees paid for the academic
term, provided the student withdraws before the
withdraw date established by the institution.
Comments
California has enacted many protections for California
service members serving in the active, reserve, and the
National Guard military components. According to the
author's office, it appears that California Community
Colleges and state universities have varying policies
concerning academic leaves of absence for students ordered
into military service. The author's office maintains that
there have been instances in which postsecondary
institutions have not extended statutory protections to
California National Guard members who are ordered into
Emergency State Active duty by the Governor.
This bill applies to members of the active duty and reserve
branches of the Armed Forces of the United States and the
militia of the state who are students enrolled in an
institution of higher education and "ordered to duty" by
either the President of the United States or the Governor
of California.
In recent years, it has become common to activate reserves
for short periods of time to provide service to communities
affected by natural or man-made disasters. While students
ordered to federal active duty service may have enough
advance notice to plan for and request a formal academic
leave of absence, students called to state military active
duty service are often called to service for shorter
periods within a grading term and may not have sufficient
notice to work out arrangements in advance with their
instructors. Students in such situations may miss critical
assignments or tests, which can delay their educational
progress if their instructors do not allow the students to
SB 1075
Page
4
make up missed coursework.
This bill adds to the protections currently provided with
regard to tuition by providing students the option to
request accommodations to enable them to meet "any and all"
coursework requirements they may have missed due to
military service. Since these students do not
realistically have the option of refusing to report to
duty, this bill helps ensure they are not treated in the
same ways as students who voluntarily choose to miss class
or complete required coursework.
Related and Prior Legislation
SB 361 (Runner), Chapter 351, Statutes of 2009, limited
priority registration for enrollment at the CSU and UC to
former military members who received an honorable
discharge.
SB 272 (Runner), Chapter 356, Statutes of 2007, required
the CSU and requested the UC to give priority registration
for enrollment to former members of the Armed Forces, as
specified.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
Military leave Indeterminable, though
likely minor costs General*
* Counts toward meeting the Proposition 98 minimum
funding guarantee
SUPPORT : (Verified 5/18/10)
California National Guard (source)
American Legion Department of California
SB 1075
Page
5
AMVETS, Department of California
Brigadier General Mary Kight, Adjutant General, State of
California
National Guard Association of California
Vietnam Veterans of America, California State Council
TSM:mw 5/18/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****