BILL ANALYSIS Ó
AB 2164
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CONCURRENCE IN SENATE AMENDMENTS
AB
2164 (O'Donnell and Cooper)
As Amended August 16, 2016
Majority vote
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|ASSEMBLY: |78-0 |(June 1, 2016) |SENATE: |38-0 |(August 18, |
| | | | | |2016) |
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Original Committee Reference: HIGHER ED.
SUMMARY: Expands an existing exemption from mandatory tuition
and fees at the University of California (UC), the Hastings
College of Law, the California State University (CSU), and the
California Community Colleges (CCC) - for an eligible survivor
of a firefighter or law enforcement officer who died in the line
of duty - to also include the survivor of a firefighter or law
enforcement officer 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,
provides, for student survivors receiving the existing waiver,
an additional waiver of mandatory campus-based fees.
The Senate amendments delete the requirement to waive
campus-based fees; and, make technical changes.
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EXISTING LAW:
1)Provides that no mandatory systemwide fees be required by the
UC Regents, the Board of Directors of Hastings College of Law,
or CSU Trustees, from any surviving spouse or child, of a
deceased person, who met all of the following requirements:
a) He or she was a resident of this state;
b) He or she was employed by a public agency, or was a
contractor, or an employee of a contractor, performing
services for a public agency;
c) His or her principal duties consisted of active law
enforcement service or active fire suppression and
prevention; and,
d) He or she was killed in the performance of active law
enforcement or active fire suppression and prevention
duties, or died as a result of an accident or an injury
caused by external violence or physical force, incurred in
the performance of his or her active law enforcement or
active fire suppression and prevention duties (Education
Code Section (EC) 68120).
2)Requires that any determination of eligibility, as specified,
shall be consistent with any findings of the Workers'
Compensation Appeals Board, using the same procedures as in
workers' compensation hearings, as to whether the death of the
person, as specified, was industrial (EC 68120.5).
3)Provides various workers' compensation benefits for
firefighters, police officers, sheriffs, and their survivors
in case of death for injuries and illness caused by the long
terms exposures they face in their line of work, including,
but not limited to:
a) Cancer and leukemia that manifest during the time of
active employment and up to 10 years after being employed
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as a work-related illness (Labor Code Section(LAB) 3212.1);
b) Tuberculosis that manifests during the time of active
employment and up to six year after being employed as a
presumed work-related illness (LAB 3212.6); and,
c) Blood-born infectious diseases or specified skin
infections that manifest during the time of active
employment and up to six years after being employed as a
presumed work-related illness (LAB 3212.8).
FISCAL EFFECT: According to the Senate Appropriations
Committee, unknown, but potentially significant revenue loss to
the UC, CSU, and the CCC. The UC indicates less than 20
students are receiving the current waiver. The CSU and the CCC
indicate that about 36 and about 350 students received the
waiver in 2014-15, respectively. The number of additional
students that would receive fee waivers as a result of this bill
is unknown. Assuming the number of additional students is half
of the existing recipients, revenue loss due to systemwide fee
waivers would be about $123,000 at the UC; $98,000 at the CSU;
and $160,000 at the CCC.
COMMENTS: Background. The Alan Pattee Scholarship Act of 1970
(Act) was created in order to assist surviving family members of
firefighters and law enforcement officers who died in the line
of duty. The Act waives all mandatory tuition and fees at the
public postsecondary institutions of learning for these
survivors.
Throughout the almost 50 years of the creation of the Act,
California's workers' compensation laws have been amended to
reflect other serious occupational hazards firefighters and law
enforcement officers face, besides fire debris and bullets.
Workers' compensation laws today provide for benefits to these
public safety officers who also endure the cumulative effect of
exposure to toxic materials.
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However, the Act has not been updated to reflect the workers'
compensation changes.
Purpose of this measure. According to information provided by
the author, tuition and fee waivers for eligible survivors have
been "inconsistently awarded both within a single system and
across the varying segments." The author states, "Currently,
the Alan Pattee Scholarship Act does not recognize the long term
health hazards and harm that firefighters and police officers
face through the course of their careers, providing the fee
waiver to survivors only if the firefighter or police officer
'was killed in the performance of active law enforcement or
active fire suppression and prevention duties, or died as a
result of an accident or an injury caused by external violence
or physical force, incurred in the performance of his or her
active law enforcement or active fire suppression and prevention
duties.'"
Additionally, when the Act was amended in 1999, it only spoke to
the eligible survivors being waived mandatory systemwide fees.
The author contends that in the wake of various campuses being
able to charge campus based student success fees, some eligible
survivors are being charged fees, and others are not.
This measure amends the Act to specify eligible survivors shall
have all fees and tuition waived.
Furthermore, this bill makes it clear that survivors of
firefighters and law enforcement officers who died from a
work-related illness are eligible for all elements of the Act;
and, conforms the Education Code regarding firefighters and law
enforcement officers' benefits to reflect those found in the
Labor and Government Codes.
Analysis Prepared by:
Jeanice Warden / HIGHER ED. / (916) 319-3960
FN: 0004227
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