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 wouldbegin delete make that prohibition applicable to any mandatory tuition and fees rather than mandatory systemwide tuition and fees. The bill would alsoend delete
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
4begin insert systemwideend insert fees or tuition of any kind shall be required of or
5collected by the Regents of the University of California, the Board
6of Directors of the Hastings College of the Law, the Trustees of
7the California State University, or the Board of Governors of the
8California Community Colleges from any surviving spouse or
9surviving child of a deceased person who met all of the following
10requirements:
11(1) He or she was a resident of this state.
12(2) He or she
was employed by a public agency or was a
13contractor, or an employee of a contractor, performing services
14for a public agency.
15(3) His or her principal duties consisted of active law
16enforcement service or active fire suppression and prevention.
P3 1This section shall not apply to a person whose principal duties
2were clerical, even if he or she was subject to occasional call or
3was occasionally called upon to perform duties within the scope
4of active law enforcement or active fire suppression and prevention.
5(4) He or she was killed in the performance of active law
6enforcement or active fire suppression and prevention duties, died
7as a result of an accident or an injury caused by external violence
8or physical force incurred in the performance of his or her active
9law enforcement or
active fire suppression and prevention duties,
10or died as a result of an industrial injury or illness arising out of
11and in the course of active law enforcement or fire suppression
12and prevention duties.
13(b) Notwithstanding subdivision (a), a person who qualifies for
14the waiver of mandatorybegin insert systemwideend insert fees and tuition under this
15section as a surviving child of a contractor, or of an employee of
16a contractor, who performed services for a public agency shall, in
17addition to the requirements set forth in subdivision (a), meet both
18of the following requirements:
19(1) Enrollment as an undergraduate student at a campus of the
20University of California or the California State University or as a
21student
at a community college campus.
22(2) Documentation that his or her annual income, including the
23value of any support received from a parent, does not exceed the
24
maximum household income and asset level for an applicant for
25a Cal Grant B award, as set forth in Section 69432.7.
26(c) As used in this section:
27(1) “Contractor” or “employee of a contractor” does not include
28a security guard or security officer, as defined in Section 7582.1
29of the Business and Professions Code.
30(2) “Public agency” means the state or any city, county, city
31and county, district, or other local authority or public body of or
32within the state.
33(3) “Surviving child” means either of the following:
34(A) A surviving natural or adopted child of the deceased person.
35(B) A surviving stepchild who meets both of the following
36requirements:
37(i) He or she was living or domiciled with the deceased person
38at the time of his or her death.
39(ii) He or she was claimed on the tax form most recently filed
40by the deceased person prior to that person’s death, or he or she
P4 1received 50 percent or more of his or her support from that
2deceased person in the tax year immediately preceding the death
3of the deceased person, or both.
If the Commission on State Mandates determines that
5this act contains costs mandated by the state, reimbursement to
6local agencies and school districts for those costs shall be made
7pursuant to Part 7 (commencing with Section 17500) of Division
84 of Title 2 of the Government Code.
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