BILL ANALYSIS Ó AB 2164 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2164 (O'Donnell and Cooper) As Amended August 16, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |78-0 |(June 1, 2016) |SENATE: |38-0 |(August 18, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: HIGHER ED. SUMMARY: Expands an existing exemption from mandatory tuition and fees at the University of California (UC), the Hastings College of Law, the California State University (CSU), and the California Community Colleges (CCC) - for an eligible survivor of a firefighter or law enforcement officer who died in the line of duty - to also include the survivor of a firefighter or law enforcement officer 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, provides, for student survivors receiving the existing waiver, an additional waiver of mandatory campus-based fees. The Senate amendments delete the requirement to waive campus-based fees; and, make technical changes. AB 2164 Page 2 EXISTING LAW: 1)Provides that no mandatory systemwide fees be required by the UC Regents, the Board of Directors of Hastings College of Law, or CSU Trustees, from any surviving spouse or child, of a deceased person, who met all of the following requirements: a) He or she was a resident of this state; b) He or she was employed by a public agency, or was a contractor, or an employee of a contractor, performing services for a public agency; c) His or her principal duties consisted of active law enforcement service or active fire suppression and prevention; and, d) He or she 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 (Education Code Section (EC) 68120). 2)Requires that any determination of eligibility, as specified, shall be consistent with any findings of the Workers' Compensation Appeals Board, using the same procedures as in workers' compensation hearings, as to whether the death of the person, as specified, was industrial (EC 68120.5). 3)Provides various workers' compensation benefits for firefighters, police officers, sheriffs, and their survivors in case of death for injuries and illness caused by the long terms exposures they face in their line of work, including, but not limited to: a) Cancer and leukemia that manifest during the time of active employment and up to 10 years after being employed AB 2164 Page 3 as a work-related illness (Labor Code Section(LAB) 3212.1); b) Tuberculosis that manifests during the time of active employment and up to six year after being employed as a presumed work-related illness (LAB 3212.6); and, c) Blood-born infectious diseases or specified skin infections that manifest during the time of active employment and up to six years after being employed as a presumed work-related illness (LAB 3212.8). FISCAL EFFECT: According to the Senate Appropriations Committee, unknown, but potentially significant revenue loss to the UC, CSU, and the CCC. The UC indicates less than 20 students are receiving the current waiver. The CSU and the CCC indicate that about 36 and about 350 students received the waiver in 2014-15, respectively. The number of additional students that would receive fee waivers as a result of this bill is unknown. Assuming the number of additional students is half of the existing recipients, revenue loss due to systemwide fee waivers would be about $123,000 at the UC; $98,000 at the CSU; and $160,000 at the CCC. COMMENTS: Background. The Alan Pattee Scholarship Act of 1970 (Act) was created in order to assist surviving family members of firefighters and law enforcement officers who died in the line of duty. The Act waives all mandatory tuition and fees at the public postsecondary institutions of learning for these survivors. Throughout the almost 50 years of the creation of the Act, California's workers' compensation laws have been amended to reflect other serious occupational hazards firefighters and law enforcement officers face, besides fire debris and bullets. Workers' compensation laws today provide for benefits to these public safety officers who also endure the cumulative effect of exposure to toxic materials. AB 2164 Page 4 However, the Act has not been updated to reflect the workers' compensation changes. Purpose of this measure. According to information provided by the author, tuition and fee waivers for eligible survivors have been "inconsistently awarded both within a single system and across the varying segments." The author states, "Currently, the Alan Pattee Scholarship Act does not recognize the long term health hazards and harm that firefighters and police officers face through the course of their careers, providing the fee waiver to survivors only if the firefighter or police officer '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.'" Additionally, when the Act was amended in 1999, it only spoke to the eligible survivors being waived mandatory systemwide fees. The author contends that in the wake of various campuses being able to charge campus based student success fees, some eligible survivors are being charged fees, and others are not. This measure amends the Act to specify eligible survivors shall have all fees and tuition waived. Furthermore, this bill makes it clear that survivors of firefighters and law enforcement officers who died from a work-related illness are eligible for all elements of the Act; and, conforms the Education Code regarding firefighters and law enforcement officers' benefits to reflect those found in the Labor and Government Codes. Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960 FN: 0004227 AB 2164 Page 5