AB 2164, as amended, O'Donnell. Public postsecondary education: tuition and fees.
Existing law prohibits the Board of Directors of the Hastings College of the Law, the Trustees of the California State University,begin insert the governing boards of each community college district,end insert and, if they adopt an appropriate resolution, the Regents of the University of California from collecting mandatory systemwide tuition and fees from any surviving spouse or surviving child of a deceased person who was a resident of the state and employed by or contracting with a public agency, whose principal duties consisted of active law enforcement service or active fire suppression and prevention, and who died as a result of his or her duties, as specified.
This bill would make that prohibition applicable to any mandatory tuition and fees rather than mandatory systemwide tuition and fees. The bill would also extend the application of those provisions to the surviving spouse or surviving child of a person who died as a result of an industrial injury or illness arising out of and in the course of active law enforcement or fire suppression and prevention duties, and who otherwise met the above-referenced requirements.begin insert The bill would also make conforming changes.end insert
begin insertTo the extent the bill would impose additional duties on community college districts, the bill would impose a state-mandated local program.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
end insertVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
Section 68120 of the Education Code is amended
2to read:
(a) Notwithstanding any other law, no mandatory fees
4or tuition of any kind shall be required of or collected by the
5Regents of the University of California, the Board of Directors of
6the Hastings College of the Law,begin delete orend delete the Trustees of the California
7Statebegin delete Universityend deletebegin insert University, or the Board of Governors of the
8California Community Collegesend insert from any surviving spouse or
9surviving child of a deceased person who met all of the following
10requirements:
11(1) He or she was a resident of this state.
12(2) He or she was employed by a public agency or was a
13contractor, or an employee of a contractor, performing services
14for a public agency.
15(3) His or her principal duties consisted of active law
16enforcement service or active fire suppression and prevention.
17This section shall not apply to a person whose principal duties
18were clerical, even if he or she was subject to occasional call or
19was occasionally called upon to perform duties within the scope
20of active law enforcement or active fire suppression and prevention.
21(4) He or she was killed in the performance of active law
22enforcement or active fire suppression and
prevention duties, died
23as a result of an accident or an injury caused by external violence
P3 1or physical force, incurred in the performance of his or her active
2law enforcement or active fire suppression and prevention duties,
3or died as a result of an industrial injury or illness arising out of
4and in the course of active law enforcement or fire suppression
5and prevention duties.
6(b) Notwithstanding subdivision (a), a person who qualifies for
7the waiver of mandatory fees and tuition under this section as a
8surviving child of a contractor, or of an employee of a contractor,
9who performed services for a public agency shall, in addition to
10the requirements set forth in subdivision (a), meet both of the
11following requirements:
12(1) Enrollment as an undergraduate student at a campus
of the
13University of California or the California Statebegin delete University.end delete
14
begin insert University or as a student at a community college campus.end insert
15(2) Documentation that his or her annual income, including the
16value of any support received from a parent, does not exceed the
17maximum household income and asset level for an applicant for
18a Cal Grant B award, as set forth in Section 69432.7.
19(c) As used in this section:
20(1) “Contractor” or “employee of a contractor” does not include
21a security guard or security officer, as defined in Section 7582.1
22of the Business and Professions
Code.
23(2) “Public agency” means the state or any city, city and county,
24county, district, or other local authority or public body of or within
25the state.
26(3) “Surviving child” means either of the following:
27(A) A surviving natural or adopted child of the deceased person.
28(B) A surviving stepchild who meets both of the following
29requirements:
30(i) He or she was living or domiciled with the deceased person
31at the time of his or her death.
32(ii) He or she was claimed on the tax form most recently filed
33by the deceased person prior to that person’s
death, or he or she
34received 50 percent or more of his or her support from that
35deceased person in the tax year immediately preceding the death
36of the deceased person, or both.
If the Commission on State Mandates determines that
38this act contains costs mandated by the state, reimbursement to
39local agencies and school districts for those costs shall be made
P4 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
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