AB 2164, as amended, O'Donnell. Public postsecondary education: tuition and fees.
Existing law prohibits the Board of Directors of the Hastings College of the Law, the Trustees of the California State University, the governing boards of each community college district, and, if they adopt an appropriate resolution, the Regents of the University of California from collecting mandatory systemwide tuition and fees from any surviving spouse or surviving child of a deceased person who was a resident of the state and employed by or contracting with a public agency, whose principal duties consisted of active law enforcement service or active fire suppression and prevention, and who died as a result of his or her duties, as specified.
This bill would make that prohibition applicable to any mandatory tuition and fees rather than mandatory systemwide tuition and fees. The bill would also extend the application of those provisions to the surviving spouse or surviving child of a person who died as a result of an industrial injury or illness arising out of and in the course of active law enforcement or fire suppression and prevention duties, and who otherwise met the above-referenced requirements. The bill would also make conforming changes.
To the extent the bill would impose additional duties on community college districts, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 68120 of the Education Code is amended
2to read:
(a) Notwithstanding any other law, no mandatory fees
4or tuition of any kind shall be required of or collected by the
5Regents of the University of California, the Board of Directors of
6the Hastings College of the Law, the Trustees of the California
7State University, or the Board of Governors of the California
8Community Colleges from any surviving spouse or surviving child
9of a deceased person who met all of the following requirements:
10(1) He or she was a resident of this state.
11(2) He or she was employed by a public agency or was a
12contractor, or an employee of a contractor, performing services
13for
a public agency.
14(3) His or her principal duties consisted of active law
15enforcement service or active fire suppression and prevention.
16This section shall not apply to a person whose principal duties
P3 1were clerical, even if he or she was subject to occasional call or
2was occasionally called upon to perform duties within the scope
3of active law enforcement or active fire suppression and prevention.
4(4) He or she was killed in the performance of active law
5enforcement or active fire suppression and prevention duties, died
6as a result of an accident or an injury caused by external violence
7or physical force incurred in the performance of his or her active
8law enforcement or active fire suppression and prevention duties,
9or died as a result of an industrial injury or illness arising out
of
10and in the course of active law enforcement or fire suppression
11and prevention duties.
12(b) Notwithstanding subdivision (a), a person who qualifies for
13the waiver of mandatory fees and tuition under this section as a
14surviving child of a contractor, or of an employee of a contractor,
15who performed services for a public agency shall, in addition to
16the requirements set forth in subdivision (a), meet both of the
17following requirements:
18(1) Enrollment as an undergraduate student at a campus of the
19University of California or the California State University or as a
20student at a community college campus.
21(2) Documentation that his or her annual income, including the
22value of any support received from a parent, does not exceed the
23
maximum household income and asset level for an applicant for
24a Cal Grant B award, as set forth in Section 69432.7.
25(c) As used in this section:
26(1) “Contractor” or “employee of a contractor” does not include
27a security guard or security officer, as defined in Section 7582.1
28of the Business and Professions Code.
29(2) “Public agency” means the state or any city,begin delete city and county,end delete
30 county,begin insert city and county,end insert district, or other local authority or public
31body of or within the state.
32(3) “Surviving child” means either of the following:
33(A) A surviving natural or adopted child of the deceased person.
34(B) A surviving stepchild who meets both of the following
35requirements:
36(i) He or she was living or domiciled with the deceased person
37at the time of his or her death.
38(ii) He or she was claimed on the tax form most recently filed
39by the deceased person prior to that person’s death, or he or she
40received 50 percent or more of his or her support from that
P4 1deceased person in the tax year immediately preceding the death
2of the deceased person, or both.
If the Commission on State Mandates determines that
4this act contains costs mandated by the state, reimbursement to
5local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.
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