BILL ANALYSIS                                                                                                                                                                                                    


          |SENATE RULES COMMITTEE            |                  SB 1075|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |Version:                 |
          |327-4478                          |                         |
                              UNFINISHED BUSINESS

          Bill No:  SB 1075
          Author:   Correa (D)
          Amended:  6/24/10
          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

           SENATE FLOOR  :  33-0, 5/24/10
          AYES:  Aanestad, Alquist, Ashburn, Calderon, Cedillo,  
            Corbett, Correa, Cox, Denham, DeSaulnier, Ducheny,  
            Dutton, Florez, Hancock, Harman, Hollingsworth, Huff,  
            Kehoe, Leno, Liu, Lowenthal, Negrete McLeod, Padilla,  
            Pavley, Romero, Runner, Simitian, Strickland, Walters,  
            Wolk, Wright, Wyland, Yee
          NO VOTE RECORDED:  Cogdill, Oropeza, Price, Steinberg,  
            Wiggins, Vacancy, Vacancy

           ASSEMBLY FLOOR  :  78-0, 8/12/10 (Consent) - See last page  
          for vote



                                                               SB 1075

           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.  

           Assembly Amendments  clarify that "institution" includes any  
          public or private postsecondary institution, as defined  
          under current law.

           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  
          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  


                                                               SB 1075

          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.  

             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.  


          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  


                                                               SB 1075

          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  
          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  

          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  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No


                                                               SB 1075

          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  8/12/10)

          California National Guard (source)
          American Legion Department of California
          AMVETS, Department of California
          Brigadier General Mary Kight, Adjutant General, State of  
          Department of Finance
          National Guard Association of California
          Vietnam Veterans of America, California State Council

           OPPOSITION  :    (Verified  >)


           ARGUMENTS IN SUPPORT  :    >

           ARGUMENTS IN OPPOSITION  :    >  

           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Tom Berryhill, Blakeslee, Block,  
            Blumenfield, Bradford, Brownley, Buchanan, Caballero,  
            Charles Calderon, Carter, Chesbro, Conway, Cook, Coto,  
            Davis, De La Torre, De Leon, DeVore, Eng, Evans, Feuer,  
            Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,  
            Galgiani, Garrick, Gatto, Gilmore, Hagman, Hall, Harkey,  
            Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,  
            Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,  
            Mendoza, Miller, Monning, Nava, Nestande, Niello,  


                                                               SB 1075

            Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,  
            Saldana, Silva, Skinner, Smyth, Solorio, Audra  
            Strickland, Swanson, Torlakson, Torres, Torrico, Tran,  
            Villines, Yamada, John A. Perez
          NO VOTE RECORDED:  Norby, Vacancy

          TSM:mw  8/16/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE


                                ****  END  ****