Bill Text: CA AB2164 | 2015-2016 | Regular Session | Chaptered
Bill Title: Public postsecondary education: tuition and fees.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2016-09-21 - Chaptered by Secretary of State - Chapter 435, Statutes of 2016. [AB2164 Detail]
Download: California-2015-AB2164-Chaptered.html
BILL NUMBER: AB 2164 CHAPTERED
BILL TEXT
CHAPTER 435
FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2016
APPROVED BY GOVERNOR SEPTEMBER 21, 2016
PASSED THE SENATE AUGUST 18, 2016
PASSED THE ASSEMBLY AUGUST 29, 2016
AMENDED IN SENATE AUGUST 16, 2016
AMENDED IN SENATE JUNE 27, 2016
AMENDED IN SENATE JUNE 9, 2016
AMENDED IN ASSEMBLY MAY 27, 2016
AMENDED IN ASSEMBLY APRIL 18, 2016
INTRODUCED BY Assembly Members O'Donnell and Cooper
(Coauthors: Assembly Members Cristina Garcia, Medina, and Travis
Allen)
(Coauthors: Senators Hertzberg and Vidak)
FEBRUARY 17, 2016
An act to amend Section 68120 of the Education Code, relating to
public postsecondary educational institutions.
LEGISLATIVE COUNSEL'S DIGEST
AB 2164, 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,
the governing boards of each community college district, 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 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. The bill
would also make conforming changes.
To the extent the bill would impose additional duties on community
college districts, the bill would impose a state-mandated local
program.
The 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.
This 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.
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 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, the Trustees of the California State
University, or the Board of Governors of the California Community
Colleges from any surviving spouse or surviving child of a deceased
person who met all of the following requirements:
(1) He or she was a resident of this state.
(2) 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.
(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) He or she was killed in the performance of active law
enforcement or active fire suppression and prevention duties, 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, or 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.
(b) Notwithstanding subdivision (a), a person who qualifies for
the waiver of mandatory systemwide fees and tuition under this
section as a surviving child of a contractor, or of an employee of a
contractor, who performed services for a public agency shall, in
addition to the requirements set forth in subdivision (a), meet both
of the following requirements:
(1) Enrollment as an undergraduate student at a campus of the
University of California or the California State University or as a
student at a community college campus.
(2) Documentation that his or her annual income, including the
value of any support received from a parent, does not exceed the
maximum household income and asset level for an applicant for a Cal
Grant B award, as set forth in Section 69432.7.
(c) As used in this section:
(1) "Contractor" or "employee of a contractor" does not include a
security guard or security officer, as defined in Section 7582.1 of
the Business and Professions Code.
(2) "Public agency" means the state or any city, county, city and
county, district, or other local authority or public body of or
within the state.
(3) "Surviving child" means either of the following:
(A) A surviving natural or adopted child of the deceased person.
(B) A surviving stepchild who meets both of the following
requirements:
(i) He or she was living or domiciled with the deceased person at
the time of his or her death.
(ii) He or she was claimed on the tax form most recently filed by
the deceased person prior to that person's death, or he or she
received 50 percent or more of his or her support from that deceased
person in the tax year immediately preceding the death of the
deceased person, or both.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
