Bill Text: CA AB2164 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 2164	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 27, 2016
	AMENDED IN ASSEMBLY  APRIL 18, 2016

INTRODUCED BY   Assembly Members O'Donnell and Cooper

                        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, 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,
 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 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.  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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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 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,  or  the Trustees of
the California State  University   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 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.
  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, city and county,
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.