BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 361
                                                                  Page  1

          Date of Hearing:   June 23, 2009

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                              Anthony Portantino, Chair
                     SB 361 (Runner) - As Amended:  June 11, 2009

           SENATE VOTE  :   39-0
           
          SUBJECT  :   Public postsecondary education: priority  
          registration: Armed Forces and State Military Reserve service.

           SUMMARY  :  Clarifies eligibility requirements for former members  
          of the Armed Forces of the United States (Armed Forces) and  
          State Military Reserve to receive priority enrollment for  
          classes at the California State University (CSU) and California  
          Community Colleges (CCC).  Specifically,  this bill  :   

          1)Provides that only former members of the Armed Forces or State  
            Military Reserve who have received an honorable discharge, a  
            general discharge, or an other than honorable discharge are  
            eligible for priority registration for enrollment at CSU and  
            CCC within two years of leaving state or federal active duty.

          2)Specifies that a former member of the Armed Forces or the  
            State Military Reserve who received a dishonorable discharge  
            or a bad conduct discharge is not eligible for the  
            aforementioned benefit.

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

           EXISTING LAW provides, for campuses that administer a priority  
          enrollment system, priority enrollment for classes at CSU and  
          CCC to members of the Armed Forces within two years after  
          leaving active duty and requests the University of California  
          (UC) do the same.

           FISCAL EFFECT  :  Unknown

           COMMENTS  :    Purpose of this bill  :  According to the author,  
          "Current law does not specify that dishonorably discharged  
          members of the armed forces are not eligible to receive the  
          priority registration benefit granted by SB 272 (Runner),  








                                                                  SB 361
                                                                  Page  2

          Chapter 356, Statutes of 2007.  Additionally, current law does  
          not specify that the priority registration benefit should be  
          extended to members of the National Guard and Reserve.  It is  
          current practice of the military to exclude members with bad  
          conduct and dishonorable discharges from receiving benefits."   
          This bill seeks to extend the priority registration to members  
          of the National Guard and reserve components, and to clarify  
          that members of the military who have received a dishonorable  
          discharge are not eligible for priority registration. 

           Dishonorable Discharge  :  According to the Senate Veterans  
          Affairs Committee, historically veterans' benefits are offered  
          only to those who have received honorable discharges or, at  
          least, to veterans who have other than a dishonorable discharge.  
           Those who have received dishonorable discharges are not  
          considered to have held up their end of their enlistment  
          contract, and therefore, are not eligible to receive benefits.   
          This bill brings this state benefit into line with standards set  
          at the federal level.

           State-mandated local program  :  Legislative Counsel has tagged  
          this bill as a state-mandated local program as it imposes a  
          mandated cost on CCC districts by requiring a higher level of  
          service to be provided through priority registration for  
          enrollment to qualified former members of the Armed Forces.  The  
          Senate Appropriations Committee, which reported this bill  
          directly to the Senate Floor pursuant to Senate Rule 28.8, found  
          that this bill does not provide for significant additional costs  
          to the state and will not cause significant reductions in  
          revenues.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California Community Colleges Chancellor's Office
          Community College League of California
           
            Opposition 
           
          None on file

           Analysis Prepared by  :    Laura Metune / HIGHER ED. / (916)  
          319-3960