BILL ANALYSIS Ó
AB 2166
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Date of Hearing: April 12, 2016
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
AB 2166
(Cooper) - As Introduced February 17, 2016
SUBJECT: Public postsecondary education: waiver of mandatory
campus-based fees.
SUMMARY: Requires the University of California (UC) Regents,
the Board of Directors of the Hastings College of Law, the
California State University (CSU) Trustees, or any campus of the
UC or CSU to excuse any mandatory campus-based fees for eligible
survivors, as specified, of a firefighter or law enforcement
officer, who 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 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.
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:
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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 (EC) Section 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,
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but not limited to:
a) Cancer and leukemia that manifest during the time of
active employment and up to 10 years after being employed
as a work-related illness (Labor Code (LAB) Section
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 Section 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 Section 3212.8).
FISCAL EFFECT: Unknown
COMMENTS: Background. The Alan Pattee Scholarship Act of 1970
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.
Purpose of this measure. According to the author, "There is
ambiguity in the law [The Alan Pattee Scholarship Act] inasmuch
as the statute exempts surviving relatives from systemwide
tuition and fees, but leaves these individuals subject to
mandatory campus wide fees levied by an individual campus."
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The author contends that this measure will clarify that eligible
survivors of law enforcement and fire fighters killed in the
line of duty are exempt from paying campus-wide fees when
attending a UC or CSU campus.
How many have fallen? According to information provided by the
author, from 2010 - 2015, 54 peace officers and 90 firefighters
were killed in the line of duty. The author assumes if each of
the fallen has a college-aged child attending a UC or CSU, it
would yield 24 new students per year.
Related legislation. AB 2164 (O'Donnell), which will be heard
in this Committee today, is similar in nature to this measure.
Committee consideration. As stated above, AB 2164 is similar in
nature to this measure; however, AB 2164 seeks to correct
necessary changes to in order to align the Act with current
workers' compensation and other labor laws.
The Committee may wish to consider if it is prudent to pass out
two bills similar in nature, instead of one comprehensive
measure; and, encourage the authors of both measures to jointly
author the more comprehensive measure.
REGISTERED SUPPORT / OPPOSITION:
Support
California Association of Highway Patrolmen
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California Correctional Peace Officers Association
California Police Chiefs Association
California State Sheriffs' Association (Sponsor)
Los Angeles County Professional Peace Officers Association
Opposition
None on file.
Analysis Prepared by:Jeanice Warden / HIGHER ED. / (916)
319-3960