BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: SB 893
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|Author: |Nguyen |
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|Version: |January 20, 2016 Hearing |
| |Date: April 6, 2016 |
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|Urgency: |Yes |Fiscal: |Yes |
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|Consultant:|Olgalilia Ramirez |
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Subject: Postsecondary education: tuition and fees
SUMMARY
This bill, an urgency measure, prohibits the Regents of
University of California (UC), the board of Directors of the
Hastings College of the Law, the Trustees of the California
State University (CSU) and governing board of each community
college district from collecting systemwide fees or tuition from
an undergraduate student who is the surviving dependent of any
individual killed in the San Bernardino terrorist attack on
December 2, 2015, as specified.
BACKGROUND
Existing law authorizes the UC, CSU and requires the California
Community Colleges (CCC) to collect fees from students attending
those postsecondary education institutions. (EC § 89700)
Existing law prohibits UC, CSU and CCC from charging tuition or
fees to the surviving spouse or child of a deceased law
enforcement or fire suppression personnel, as specified. Current
law also prohibits those institutions from charging mandatory
systemwide tuition or fees to the surviving dependent of any
California resident killed in the September 11, 2001 attack, as
specified. The fee waivers are limited to undergraduate students
who meet the specified financial need requirements.
(EC § 68123 and EC § 76300)
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Existing law also exempts certain CCC students from the fee
requirement, including students who meet specified income
thresholds and students who are the dependent or surviving
spouse of a California National Guard member killed or disabled
as a result of their service, as specified. (EC § 76300)
Existing law provides that statutes related to UC (and most
other aspects of the governance and operation of UC) are
applicable only to the extent that the Regents of UC make such
provisions applicable. (EC § 67400 and 68134)
ANALYSIS
This bill:
1) Prohibits the Regents of University of California, the
board of Directors of the Hastings College of the Law, the
Trustees of the California State University and
governing board of each community college district from
collecting systemwide fees or tuition from an undergraduate
student who is the surviving dependent of any individual
killed in the San Bernardino terrorist attack on December
2, 2015, as specified. Specifically it,
2) Requires, in order to be eligible, that a student:
i) Meet the financial need requirements of
the Cal Grant A program.
ii) Be enrolled in an undergraduate
program.
iii) Be a California resident or a dependent
of California resident killed on the date of the
attack.
3) Requires the Victims Compensation and Government Claims
Board to:
a) Notify beneficiaries in writing about this fee
waiver by July 1, 2016.
b) Confirm an individual's eligibility if
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so requested by University of California (UC),
California State University (CSU), California
Community College (CCC), or Hastings College of Law
4) Defines, for purpose of this bill, "dependent," to mean the
surviving spouse or a surviving child, natural or adopted,
of an individual killed during the attack, as specified.
5) Provides that a surviving child be entitled to a waiver
until age 30 and specifies that a surviving spouse and
dependent deemed eligible by the Victim Compensation
Government Claims Board be entitled to a waiver for an
unspecified length of time.
6) Provides that these provisions are applicable to UC only if
the Board of Regents, by resolution, make it applicable.
7) Establishes, if the Commission on State Mandates determines
that this act contains costs mandated by the state, the
state will reimburse applicable entities.
8) Makes the bill an urgency measure in order to provide
immediate educational and economic relief to the specified
surviving dependent.
9) Makes various technical and clarifying changes.
STAFF COMMENTS
1) Need for the bill. On December 2, 2015, 14 people were
killed and 22 people injured at the Inland Regional Center
in San Bernardino County. President Obama recognized the
attack as an act of terrorism and Governor Brown issued
a State of Emergency to assist San Bernardino County with
state resources. According to the author, historically the
surviving dependents of victims of the September 11th
terror attacks received tuition fee waivers and currently
there is no such benefit for family members of those killed
in the San Bernardino attack. This bill provides financial
assistance to the surviving dependents of the San
Bernardino terrorist attack by waiving undergraduate
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tuition fees at public postsecondary institutions.
2) Who is eligible? This bill outlines various eligibility
criteria for the fee waiver including a financial need
determination based upon Cal Grant A. Cal Grant A is also
the basis for determining eligibility for the September
11th tuition fee waiver. The 2016-17 income ceiling for the
Cal Grant A is $90,500 for a family of four. The fee waiver
proposed by this bill would offer financial assistance to
students with low to moderate incomes. Of those eligible,
it's unclear how many would use the San Bernardino waiver.
Arguably, the number could be relatively low given that
some dependents would naturally qualify for other student
aid programs (i.e. Board of Governors waiver or Cal Grant).
This bill limits the length of eligibility for a surviving
child but is silent with regard to the length of
eligibility for a surviving spouse. Consistent with the
author's request, staff recommends the bill be amended to
set January 1, 2027 as the eligibility cutoff date for a
surviving spouse. This date mirrors the length of time (10
years) given to those eligible for the September 11th fee
waiver program.
This bill specifies that a dependent, who is identified by
the Victim Compensation and Government Claims Board, be
entitled to a waiver until an unspecified length. There are
no other dependents, beyond a child or spouse, who would
qualify for a fee waiver under this bill's provisions. As
such, it is redundant to grant or determine a length of
eligibility for this group (dependents identified by the
Victim Compensation and Government Claims Board). For this
reason staff recommends the bill be amended to strike
provisions on page 4, lines 19-23 and on page 9, lines
36-40.
3) Other technical amendments. Consistent with the author's
request, staff recommends technical amendments as follows:
Under findings and declarations, clarify the
number of people injured in the attack from 21 to 22.
Modify the date by which the Victim
Compensation and Government Claims Board identifies
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all persons eligible for the waiver from July 1, 2016
to July 1, 2017.
1) Other fee waiver programs. As noted in the background of
this analysis, current law prohibits public postsecondary
institutions from applying certain fees to various groups
impacted by other tragic events. The fee waiver program
outlined
in this bill only applies to those impacted by the San
Bernardino attack and not to victims of other tragedies
that occur in the state or even on college campuses.
SUPPORT
California Teamsters Public Affairs Council
County of San Bernardino
OPPOSITION
None received.
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