BILL ANALYSIS                                                                                                                                                                                                    






                          SENATE COMMITTEE ON EDUCATION
                               Gloria Romero, Chair
                            2009-2010 Regular Session
                                         

          BILL NO:       SB 361
          AUTHOR:        Runner
          AMENDED:       April 13, 2009
          FISCAL COMM:   Yes            HEARING DATE:  April 29, 2009
          URGENCY:       No             CONSULTANT:Beth Graybill

           SUBJECT  :  Public Postsecondary Education:  priority  
          registration.
          
           SUMMARY:   

          This bill clarifies that only former members of the military  
          who have received an honorable discharge are eligible for  
          priority registration for enrollment in public postsecondary  
          institutions and extends the priority enrollment benefit to  
          members and former members of the National Guard and  
          Reserves.

           BACKGROUND  

          Existing law requests the University of California, and  
          requires the California State University (CSU) and each  
          community college district to grant priority for registration  
          for enrollment to any member or former member of the Armed  
          Forces of the United States for any academic term within two  
          years of leaving active military duty.  

          Existing law generally precludes individuals dishonorably  
          discharged from the armed forces from receiving veteran's  
          benefits, such as healthcare and certain educational loans. 

           ANALYSIS  

           This bill  :

          1)   Extends the benefit of priority for registration for  
               enrollment to any member or former member of the State  
               Military Reserve who is within two years of leaving  
               active duty.  

          2)   Requires former members of the Armed Forces of the  
               United States to have received an honorable discharge in  



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               order to qualify for priority for registration for  
               enrollment.  

          3)   Defines Armed Forces of the United States to mean the  
               Air Force, Army, Coast Guard, Marine Corps, National  
               Guard, Navy, and the reserve components of each of those  
               forces, including the California National Guard.  




           STAFF COMMENTS  

              1)   Mandate  .  The Legislative Counsel notes that this  
               measure imposes mandated costs by requiring a higher  
               level of service on community college districts to  
               extend the priority registration for enrollment benefit  
               as specified.  

              2)   Who's included  ?  Under the provisions of this bill,  
               members and former members of the following armed forces  
               would be entitled to priority enrollment:  

                         ------------------------------------ 
                        |Air Force       |Air Force Reserve  |
                        |----------------+-------------------|
                        |Army            |Army Reserve       |
                        |----------------+-------------------|
                        |Coast Guard     |Coast Guard        |
                        |                |Reserve            |
                        |----------------+-------------------|
                        |Marine Corps    |Marine Corps       |
                        |                |Reserve            |
                        |----------------+-------------------|
                        |Navy            |Navy Reserve       |
                        |----------------+-------------------|
                        |National Guard  |Army National      |
                        |                |Guard              |
                        |----------------+-------------------|
                        |                |Air National Guard |
                        |----------------+-------------------|
                        |                |State Military     |
                        |                |Reserve            |
                         ------------------------------------ 
               
               The bill does not include the California Naval Militia,  
               which a small unit of military lawyers and strategists  



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               who provide advice and legal expertise in the field of  
               military and naval matters for the benefit of  
               California's state defense force.  Although currently  
               inactive, the Naval Militia is reactivated periodically.  
                As a matter of consistency, should the priority for  
               enrollment benefit extend to this branch of the armed  
               forces?  If the author wishes to include the Naval  
               Militia, staff recommends amending the bill to add this  
               branch of the armed forces to the bill.  

              3)   Honorable discharge  .  Historically, veterans'  
               benefits are provided to veterans who have received  
               honorable discharges or discharges other than  
               dishonorable.  SB 372 (Chapter 356, 2006) gave priority  
               for registration for enrollment to specified former  
               members of the armed forces if they were within two  
               years of discharge from military service but did not  
               specify the type of discharge that would qualify a  
               former member for the benefit.  Several community  
               college campuses have reported that dishonorably  
               discharged individuals have been seeking priority  
               enrollment privileges pursuant to SB 372.  This bill  
               seeks to limit the benefit to individuals who received  
               an honorable discharge.  

              4)   Other committee action  .  The Committee on Veterans  
               Affairs passed this bill on a 7-0 vote on April 14,  
               2009.  

           SUPPORT
           
          The American Legion

           OPPOSITION
           
          None received.