BILL NUMBER: SB 391 CHAPTERED 10/10/99 CHAPTER 953 FILED WITH SECRETARY OF STATE OCTOBER 10, 1999 APPROVED BY GOVERNOR OCTOBER 10, 1999 PASSED THE SENATE AUGUST 26, 1999 PASSED THE ASSEMBLY AUGUST 19, 1999 AMENDED IN ASSEMBLY JULY 8, 1999 AMENDED IN ASSEMBLY JUNE 22, 1999 AMENDED IN SENATE MARCH 11, 1999 INTRODUCED BY Senator Chesbro (Principal coauthor: Assembly Member Strom-Martin) (Coauthors: Assembly Members House, Kuehl, and Longville) FEBRUARY 12, 1999 An act to amend, repeal, and add Section 68120 of, and to repeal Section 68121 of, the Education Code, relating to public postsecondary education, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 391, Chesbro. Public postsecondary education: excuse of tuition and fees. (1) Existing law requires the Regents of the University of California and the Trustees of the California State University to excuse the tuition and fees of any surviving child, natural or adopted, of a deceased person who was a resident of the state, who was employed by a public agency, as defined, whose principal duties consisted of active law enforcement service or active fire suppression and prevention, as specified, and who was killed in the performance of active law enforcement or active fire suppression and prevention duties, as specified. This provision is applicable to the Regents of the University of California only if the regents, by resolution, make it applicable. This bill would specify that this provision applies to mandatory systemwide tuition and fees. The bill would extend the scope of this provision so that it would apply to the Board of Directors of the Hastings College of the Law. The bill would also extend the scope of this provision so that it would apply, until January 1, 2002, to the surviving child of a person who died while performing these duties, and who was employed as a contractor, or as an employee of a contractor, performing services for a public agency, as defined. (2) The bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 68120 of the Education Code is amended to read: 68120. (a) Notwithstanding any other provision of law, no mandatory systemwide fees or tuition of any kind shall be required of or collected by the Regents of the University of California, the Board of Directors of the Hastings College of the Law, or the Trustees of the California State University from any surviving child, natural or adopted, of a deceased person who met all of the following requirements: (1) Was a resident of this state. (2) Was employed by a public agency, or was a contractor, or an employee of a contractor, performing services for a public agency. (3) His or her principal duties consisted of active law enforcement service or active fire suppression and prevention. This section shall not apply to a person whose principal duties were clerical, even if he or she was subject to occasional call or was occasionally called upon to perform duties within the scope of active law enforcement or active fire suppression and prevention. (4) 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. (b) As used in this section, "public agency" means the state or any city, county, district, or other local authority or public body of or within the state. (c) This section shall remain in effect only until January 1, 2002, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2002, deletes or extends that date. SEC. 2. Section 68120 is added to the Education Code, to read: 68120. (a) Notwithstanding any other provision of law, no mandatory systemwide fees or tuition of any kind shall be required of or collected by the Regents of the University of California, the Board of Directors of the Hastings College of the Law, or the Trustees of the California State University from any surviving child, natural or adopted, of a deceased person who met all of the following requirements: (1) Was a resident of this state. (2) Was employed by a public agency. (3) His or her principal duties consisted of active law enforcement service or active fire suppression and prevention. This section shall not apply to a person whose principal duties were clerical, even if he or she was subject to occasional call or was occasionally called upon to perform duties within the scope of active law enforcement or active fire suppression and prevention. (4) 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. (b) As used in this section, "public agency" means the state or any city, county, district, or other local authority or public body of or within the state. (c) This section shall become operative on January 1, 2002. SEC. 3. Section 68121 of the Education Code is repealed. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: So that the surviving children of contractors or of the employees of contractors who died while providing essential service to the people of this state may have their mandatory systemwide tuition and fees excused as soon as possible, it is necessary that this act take effect immediately.