Bill Text: CA SB1355 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Vehicles: driver's licenses: veterans.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-05-24 - Held in committee and under submission. [SB1355 Detail]

Download: California-2011-SB1355-Amended.html

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BILL NUMBER: SB 1355	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 29, 2012

INTRODUCED BY   Senator Runner

                        FEBRUARY 24, 2012

    An act to add Section 821.1 to the Military and Veterans
Code, relating to veterans.   An act to add Section
12813.5 to the Vehicle Code, relating to veterans. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1355, as amended, Runner. Veterans:  academic leave.
  driver's license: designation.  
   Existing law requires the Department of Motor Vehicles to issue
driver's licenses to qualified individuals containing specified
information.  
   This bill would require the department to include the designation
"VETERAN" on a driver's license issued to a veteran who requests the
designation and provides proof of his or her military service and
honorable discharge.  
   (1) Existing law, the California Military Families Financial
Relief Act of 2005, generally provides financial relief, as
specified, for a service member who is called to active duty. Among
other provisions, the act requires, if requested by a student granted
an academic leave of absence for military service, not later than
one year after the student's release from military service, other
than a dishonorable release, that the institution in which the
student is enrolled either make arrangements to reasonably
accommodate and assist the student to meet coursework requirements
that he or she may have missed due to military service, or refund the
tuition and fees paid by the student for the academic term in which
the student is required to report for military service, as specified,
and as elected by the student.  
   The act holds a person who violates provisions of the act liable
for actual damages, reasonable attorney's fees, and costs incurred by
a person seeking to enforce his or her rights under the act.
Existing law also waives the filing fee and court costs for a person
seeking to enforce the specified rights.  
   Existing law establishes the University of California, the
California State University, the California Community Colleges, and
independent institutions of higher education as the 4 segments of
postsecondary education in this state. Existing law provides that
each of the 3 segments of public higher education are to establish,
and update as necessary, a written policy concerning students who are
called to active military service. Existing law further provides
that this policy ensure that those students do not lose academic
credits or degree status and that the policy provides for a refund of
fees paid by the student for the term in which he or she was called
to active military service.  
   This bill would add to the California Military Families Financial
Relief Act of 2005 a provision that requires that, if an academic
leave is requested by a student who is a member or honorably
discharged veteran of the Armed Forces of the United States, the
California National Guard, or the State Military Reserve because of a
disability or medical disorder documented or diagnosed to have
resulted from an injury or trauma suffered during active military
service, a postsecondary educational institution, as defined, shall
credit tuition and fees paid for the current academic term toward a
subsequent academic term or refund those amounts, under certain
conditions, as specified.  
   The bill would authorize an affected student who resides in this
state to bring an action, in a court of competent jurisdiction in the
county in which he or she resides, against an institution that fails
to comply with the requirements of the bill. The bill would
authorize an affected student who resides outside of the state to
bring an action in a court of competent jurisdiction in the county in
which the postsecondary educational institution is located.
 
   By imposing new duties on community college districts this 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: yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 12813.5 is added to the 
 Vehicle Code   , to read:  
   12813.5.  (a) The department shall include the designation
"VETERAN" on a driver's license issued to a veteran in an available
space on the face of the driver's license if both of the following
are satisfied:
   (1) The veteran requests the designation.
   (2) The veteran provides proof, as determined by the department,
of his or her military service and honorable discharge.
   (b) For the purposes of this section, "veteran" means a person who
has served in the Army, Navy, Air Force, Coast Guard, or Marine
Corps of the United States, or the California National Guard as
established pursuant to Chapter 3 (commencing with Section 210) of
Part 1 of Division 2 of the Military and Veterans Code. 

  SECTION 1.    Section 821.1 is added to the
Military and Veterans Code, to read:
   821.1.  (a) If an academic leave is requested by a student who is
a member or honorably discharged veteran of the Armed Forces of the
United States, the California National Guard, or the State Military
Reserve because of a disability or medical disorder documented or
diagnosed to have resulted from an injury or trauma suffered during
active military service, a postsecondary educational institution
shall credit tuition and fees paid for the current academic term
toward a subsequent academic term or refund those amounts as required
in subdivision (b), provided that both of the following conditions
are satisfied:
   (1) The medical condition limits the student's mobility or
capacity to concentrate so as to significantly impede his or her
ability to successfully complete the coursework.
   (2) The student has suffered paralysis, the loss of a limb, sight,
or hearing, or has been diagnosed with post-traumatic distress
disorder or another disability that causes academic leave to be
medically appropriate.
   (b) (1) If a request for academic leave under this section is made
before the academic withdrawal date established by the institution
for the general student population, a sum equal to 100 percent of the
tuition and fees paid by the student shall be refunded to the
Montgomery GI Bill Benefits Fund or other payer, including the
student for direct payments, unless the student requests that the
payment be credited to a subsequent academic term.
   (2) Any amount credited to a student's account incident to
withdrawal from a postsecondary educational institution shall be
refunded within 60 days of the student's subsequent request or, if he
or she fails to reregister, within two calendar years.
   (c) If a postsecondary educational institution fails to comply
with this section, an affected student who resides in this state may
bring an action against the institution to enforce this section in
any court of competent jurisdiction of the county in which the
student resides. If the student resides outside of this state, the
action shall be brought in a court of competent jurisdiction in the
county in which the campus of the postsecondary educational
institution previously attended by the student is located. Pursuant
to Section 829, the court may award reasonable attorney's fees and
expenses if the student prevails in the action.
   (d) As used in this section, "postsecondary educational
institution" means a campus of the University of California, the
California State University, the California Community Colleges, or an
independent institution of higher education that grants a
baccalaureate degree.  
  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.