California 2017-2018 Regular Session

California Assembly Bill AB2554 Compare Versions

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1-Assembly Bill No. 2554 CHAPTER 191 An act to amend Section 68120 of the Education Code, relating to public postsecondary education. [ Approved by Governor August 24, 2018. Filed with Secretary of State August 24, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 2554, Bonta. Public postsecondary education: exemption from mandatory systemwide tuition and fees: surviving child or spouse of a federal firefighter. (1) Existing law prohibits the Board of Directors of the Hastings College of the Law, the Board of Governors of the California Community Colleges, the Trustees of the California State University, 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 specify that the surviving child or spouse of a firefighter employed by the federal government whose duty assignment involved the performance of firefighting services in this state would also be eligible for exemption from mandatory systemwide tuition and fees under the provision described above.To the extent that this bill would impose new duties on community college districts, it would constitute a state-mandated local program.(2) 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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) In California, a firefighter is a firefighter no matter the color of the uniform. Californias federal firefighters are recognized by the Legislature as being trained to the same standards as their state and local government colleagues.(2) Californias federal firefighters are an integral part of Californias mutual aid network. They risk everything to protect our state from devastating fires and disasters, standing shoulder-to-shoulder with state and local government fire service personnel.(3) As California reels from another season of record-breaking fire events, which are now becoming the norm and putting thousands of firefighters in jeopardy, we hail their selfless devotion to duty. These incidents are poignant reminders that, when a firefighter puts on turnouts, regardless of who issues the uniform, and heads out on a call, there is always the chance that he or she will not return.(4) When a California firefighter falls in the line of duty, it is our duty as citizens to remember their sacrifice and to do everything we can to support the families they leave behind.(5) Survivors of federal firefighters killed in the line of duty, and who lived and worked as firefighters in California, are eligible for some of the same occupational death benefits extended to state and local governmental firefighters under current law.(6) With respect to survivor educational benefits, access to higher education is instrumental in a surviving family members ability to effectively achieve economic stability and for Californias surviving children of fallen firefighters to realize their full potential in the aftermath of their loved ones job-caused tragedy.(7) Since the enactment of the fee waivers in Section 68120 of the Education Code, colleges and universities have administered the section in a manner that excludes surviving spouses and children of fallen federal firefighters who were residents of, and provided services within, this state.(b) Therefore, it is the intent of the Legislature to clarify that Section 68120 of the Education Code applies to those survivors of California federal firefighters killed in the line of duty.SEC. 2. 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, or was a firefighter employed by the federal government whose duty assignment involved the performance of firefighting services in this state.(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) Spouse has the same meaning as defined in Section 22171.(4) 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 persons 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. 3. 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.
1+Enrolled August 10, 2018 Passed IN Senate August 09, 2018 Passed IN Assembly April 26, 2018 Amended IN Assembly March 12, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2554Introduced by Assembly Member BontaFebruary 15, 2018 An act to amend Section 68120 of the Education Code, relating to public postsecondary education.LEGISLATIVE COUNSEL'S DIGESTAB 2554, Bonta. Public postsecondary education: exemption from mandatory systemwide tuition and fees: surviving child or spouse of a federal firefighter. (1) Existing law prohibits the Board of Directors of the Hastings College of the Law, the Board of Governors of the California Community Colleges, the Trustees of the California State University, 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 specify that the surviving child or spouse of a firefighter employed by the federal government whose duty assignment involved the performance of firefighting services in this state would also be eligible for exemption from mandatory systemwide tuition and fees under the provision described above.To the extent that this bill would impose new duties on community college districts, it would constitute a state-mandated local program.(2) 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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) In California, a firefighter is a firefighter no matter the color of the uniform. Californias federal firefighters are recognized by the Legislature as being trained to the same standards as their state and local government colleagues.(2) Californias federal firefighters are an integral part of Californias mutual aid network. They risk everything to protect our state from devastating fires and disasters, standing shoulder-to-shoulder with state and local government fire service personnel.(3) As California reels from another season of record-breaking fire events, which are now becoming the norm and putting thousands of firefighters in jeopardy, we hail their selfless devotion to duty. These incidents are poignant reminders that, when a firefighter puts on turnouts, regardless of who issues the uniform, and heads out on a call, there is always the chance that he or she will not return.(4) When a California firefighter falls in the line of duty, it is our duty as citizens to remember their sacrifice and to do everything we can to support the families they leave behind.(5) Survivors of federal firefighters killed in the line of duty, and who lived and worked as firefighters in California, are eligible for some of the same occupational death benefits extended to state and local governmental firefighters under current law.(6) With respect to survivor educational benefits, access to higher education is instrumental in a surviving family members ability to effectively achieve economic stability and for Californias surviving children of fallen firefighters to realize their full potential in the aftermath of their loved ones job-caused tragedy.(7) Since the enactment of the fee waivers in Section 68120 of the Education Code, colleges and universities have administered the section in a manner that excludes surviving spouses and children of fallen federal firefighters who were residents of, and provided services within, this state.(b) Therefore, it is the intent of the Legislature to clarify that Section 68120 of the Education Code applies to those survivors of California federal firefighters killed in the line of duty.SEC. 2. 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, or was a firefighter employed by the federal government whose duty assignment involved the performance of firefighting services in this state.(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) Spouse has the same meaning as defined in Section 22171.(4) 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 persons 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. 3. 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.
22
3- Assembly Bill No. 2554 CHAPTER 191 An act to amend Section 68120 of the Education Code, relating to public postsecondary education. [ Approved by Governor August 24, 2018. Filed with Secretary of State August 24, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 2554, Bonta. Public postsecondary education: exemption from mandatory systemwide tuition and fees: surviving child or spouse of a federal firefighter. (1) Existing law prohibits the Board of Directors of the Hastings College of the Law, the Board of Governors of the California Community Colleges, the Trustees of the California State University, 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 specify that the surviving child or spouse of a firefighter employed by the federal government whose duty assignment involved the performance of firefighting services in this state would also be eligible for exemption from mandatory systemwide tuition and fees under the provision described above.To the extent that this bill would impose new duties on community college districts, it would constitute a state-mandated local program.(2) 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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
3+ Enrolled August 10, 2018 Passed IN Senate August 09, 2018 Passed IN Assembly April 26, 2018 Amended IN Assembly March 12, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2554Introduced by Assembly Member BontaFebruary 15, 2018 An act to amend Section 68120 of the Education Code, relating to public postsecondary education.LEGISLATIVE COUNSEL'S DIGESTAB 2554, Bonta. Public postsecondary education: exemption from mandatory systemwide tuition and fees: surviving child or spouse of a federal firefighter. (1) Existing law prohibits the Board of Directors of the Hastings College of the Law, the Board of Governors of the California Community Colleges, the Trustees of the California State University, 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 specify that the surviving child or spouse of a firefighter employed by the federal government whose duty assignment involved the performance of firefighting services in this state would also be eligible for exemption from mandatory systemwide tuition and fees under the provision described above.To the extent that this bill would impose new duties on community college districts, it would constitute a state-mandated local program.(2) 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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
4+
5+ Enrolled August 10, 2018 Passed IN Senate August 09, 2018 Passed IN Assembly April 26, 2018 Amended IN Assembly March 12, 2018
6+
7+Enrolled August 10, 2018
8+Passed IN Senate August 09, 2018
9+Passed IN Assembly April 26, 2018
10+Amended IN Assembly March 12, 2018
11+
12+ CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
413
514 Assembly Bill No. 2554
6-CHAPTER 191
15+
16+Introduced by Assembly Member BontaFebruary 15, 2018
17+
18+Introduced by Assembly Member Bonta
19+February 15, 2018
720
821 An act to amend Section 68120 of the Education Code, relating to public postsecondary education.
9-
10- [ Approved by Governor August 24, 2018. Filed with Secretary of State August 24, 2018. ]
1122
1223 LEGISLATIVE COUNSEL'S DIGEST
1324
1425 ## LEGISLATIVE COUNSEL'S DIGEST
1526
1627 AB 2554, Bonta. Public postsecondary education: exemption from mandatory systemwide tuition and fees: surviving child or spouse of a federal firefighter.
1728
1829 (1) Existing law prohibits the Board of Directors of the Hastings College of the Law, the Board of Governors of the California Community Colleges, the Trustees of the California State University, 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 specify that the surviving child or spouse of a firefighter employed by the federal government whose duty assignment involved the performance of firefighting services in this state would also be eligible for exemption from mandatory systemwide tuition and fees under the provision described above.To the extent that this bill would impose new duties on community college districts, it would constitute a state-mandated local program.(2) 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 the statutory provisions noted above.
1930
2031 (1) Existing law prohibits the Board of Directors of the Hastings College of the Law, the Board of Governors of the California Community Colleges, the Trustees of the California State University, 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.
2132
2233 This bill would specify that the surviving child or spouse of a firefighter employed by the federal government whose duty assignment involved the performance of firefighting services in this state would also be eligible for exemption from mandatory systemwide tuition and fees under the provision described above.
2334
2435 To the extent that this bill would impose new duties on community college districts, it would constitute a state-mandated local program.
2536
2637 (2) 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.
2738
2839 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 the statutory provisions noted above.
2940
3041 ## Digest Key
3142
3243 ## Bill Text
3344
3445 The people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) In California, a firefighter is a firefighter no matter the color of the uniform. Californias federal firefighters are recognized by the Legislature as being trained to the same standards as their state and local government colleagues.(2) Californias federal firefighters are an integral part of Californias mutual aid network. They risk everything to protect our state from devastating fires and disasters, standing shoulder-to-shoulder with state and local government fire service personnel.(3) As California reels from another season of record-breaking fire events, which are now becoming the norm and putting thousands of firefighters in jeopardy, we hail their selfless devotion to duty. These incidents are poignant reminders that, when a firefighter puts on turnouts, regardless of who issues the uniform, and heads out on a call, there is always the chance that he or she will not return.(4) When a California firefighter falls in the line of duty, it is our duty as citizens to remember their sacrifice and to do everything we can to support the families they leave behind.(5) Survivors of federal firefighters killed in the line of duty, and who lived and worked as firefighters in California, are eligible for some of the same occupational death benefits extended to state and local governmental firefighters under current law.(6) With respect to survivor educational benefits, access to higher education is instrumental in a surviving family members ability to effectively achieve economic stability and for Californias surviving children of fallen firefighters to realize their full potential in the aftermath of their loved ones job-caused tragedy.(7) Since the enactment of the fee waivers in Section 68120 of the Education Code, colleges and universities have administered the section in a manner that excludes surviving spouses and children of fallen federal firefighters who were residents of, and provided services within, this state.(b) Therefore, it is the intent of the Legislature to clarify that Section 68120 of the Education Code applies to those survivors of California federal firefighters killed in the line of duty.SEC. 2. 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, or was a firefighter employed by the federal government whose duty assignment involved the performance of firefighting services in this state.(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) Spouse has the same meaning as defined in Section 22171.(4) 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 persons 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. 3. 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.
3546
3647 The people of the State of California do enact as follows:
3748
3849 ## The people of the State of California do enact as follows:
3950
4051 SECTION 1. (a) The Legislature finds and declares all of the following:(1) In California, a firefighter is a firefighter no matter the color of the uniform. Californias federal firefighters are recognized by the Legislature as being trained to the same standards as their state and local government colleagues.(2) Californias federal firefighters are an integral part of Californias mutual aid network. They risk everything to protect our state from devastating fires and disasters, standing shoulder-to-shoulder with state and local government fire service personnel.(3) As California reels from another season of record-breaking fire events, which are now becoming the norm and putting thousands of firefighters in jeopardy, we hail their selfless devotion to duty. These incidents are poignant reminders that, when a firefighter puts on turnouts, regardless of who issues the uniform, and heads out on a call, there is always the chance that he or she will not return.(4) When a California firefighter falls in the line of duty, it is our duty as citizens to remember their sacrifice and to do everything we can to support the families they leave behind.(5) Survivors of federal firefighters killed in the line of duty, and who lived and worked as firefighters in California, are eligible for some of the same occupational death benefits extended to state and local governmental firefighters under current law.(6) With respect to survivor educational benefits, access to higher education is instrumental in a surviving family members ability to effectively achieve economic stability and for Californias surviving children of fallen firefighters to realize their full potential in the aftermath of their loved ones job-caused tragedy.(7) Since the enactment of the fee waivers in Section 68120 of the Education Code, colleges and universities have administered the section in a manner that excludes surviving spouses and children of fallen federal firefighters who were residents of, and provided services within, this state.(b) Therefore, it is the intent of the Legislature to clarify that Section 68120 of the Education Code applies to those survivors of California federal firefighters killed in the line of duty.
4152
4253 SECTION 1. (a) The Legislature finds and declares all of the following:(1) In California, a firefighter is a firefighter no matter the color of the uniform. Californias federal firefighters are recognized by the Legislature as being trained to the same standards as their state and local government colleagues.(2) Californias federal firefighters are an integral part of Californias mutual aid network. They risk everything to protect our state from devastating fires and disasters, standing shoulder-to-shoulder with state and local government fire service personnel.(3) As California reels from another season of record-breaking fire events, which are now becoming the norm and putting thousands of firefighters in jeopardy, we hail their selfless devotion to duty. These incidents are poignant reminders that, when a firefighter puts on turnouts, regardless of who issues the uniform, and heads out on a call, there is always the chance that he or she will not return.(4) When a California firefighter falls in the line of duty, it is our duty as citizens to remember their sacrifice and to do everything we can to support the families they leave behind.(5) Survivors of federal firefighters killed in the line of duty, and who lived and worked as firefighters in California, are eligible for some of the same occupational death benefits extended to state and local governmental firefighters under current law.(6) With respect to survivor educational benefits, access to higher education is instrumental in a surviving family members ability to effectively achieve economic stability and for Californias surviving children of fallen firefighters to realize their full potential in the aftermath of their loved ones job-caused tragedy.(7) Since the enactment of the fee waivers in Section 68120 of the Education Code, colleges and universities have administered the section in a manner that excludes surviving spouses and children of fallen federal firefighters who were residents of, and provided services within, this state.(b) Therefore, it is the intent of the Legislature to clarify that Section 68120 of the Education Code applies to those survivors of California federal firefighters killed in the line of duty.
4354
4455 SECTION 1. (a) The Legislature finds and declares all of the following:
4556
4657 ### SECTION 1.
4758
4859 (1) In California, a firefighter is a firefighter no matter the color of the uniform. Californias federal firefighters are recognized by the Legislature as being trained to the same standards as their state and local government colleagues.
4960
5061 (2) Californias federal firefighters are an integral part of Californias mutual aid network. They risk everything to protect our state from devastating fires and disasters, standing shoulder-to-shoulder with state and local government fire service personnel.
5162
5263 (3) As California reels from another season of record-breaking fire events, which are now becoming the norm and putting thousands of firefighters in jeopardy, we hail their selfless devotion to duty. These incidents are poignant reminders that, when a firefighter puts on turnouts, regardless of who issues the uniform, and heads out on a call, there is always the chance that he or she will not return.
5364
5465 (4) When a California firefighter falls in the line of duty, it is our duty as citizens to remember their sacrifice and to do everything we can to support the families they leave behind.
5566
5667 (5) Survivors of federal firefighters killed in the line of duty, and who lived and worked as firefighters in California, are eligible for some of the same occupational death benefits extended to state and local governmental firefighters under current law.
5768
5869 (6) With respect to survivor educational benefits, access to higher education is instrumental in a surviving family members ability to effectively achieve economic stability and for Californias surviving children of fallen firefighters to realize their full potential in the aftermath of their loved ones job-caused tragedy.
5970
6071 (7) Since the enactment of the fee waivers in Section 68120 of the Education Code, colleges and universities have administered the section in a manner that excludes surviving spouses and children of fallen federal firefighters who were residents of, and provided services within, this state.
6172
6273 (b) Therefore, it is the intent of the Legislature to clarify that Section 68120 of the Education Code applies to those survivors of California federal firefighters killed in the line of duty.
6374
6475 SEC. 2. 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, or was a firefighter employed by the federal government whose duty assignment involved the performance of firefighting services in this state.(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) Spouse has the same meaning as defined in Section 22171.(4) 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 persons 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.
6576
6677 SEC. 2. Section 68120 of the Education Code is amended to read:
6778
6879 ### SEC. 2.
6980
7081 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, or was a firefighter employed by the federal government whose duty assignment involved the performance of firefighting services in this state.(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) Spouse has the same meaning as defined in Section 22171.(4) 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 persons 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.
7182
7283 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, or was a firefighter employed by the federal government whose duty assignment involved the performance of firefighting services in this state.(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) Spouse has the same meaning as defined in Section 22171.(4) 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 persons 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.
7384
7485 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, or was a firefighter employed by the federal government whose duty assignment involved the performance of firefighting services in this state.(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) Spouse has the same meaning as defined in Section 22171.(4) 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 persons 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.
7586
7687
7788
7889 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:
7990
8091 (1) He or she was a resident of this state.
8192
8293 (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, or was a firefighter employed by the federal government whose duty assignment involved the performance of firefighting services in this state.
8394
8495 (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.
8596
8697 (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.
8798
8899 (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:
89100
90101 (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.
91102
92103 (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.
93104
94105 (c) As used in this section:
95106
96107 (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.
97108
98109 (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.
99110
100111 (3) Spouse has the same meaning as defined in Section 22171.
101112
102113 (4) Surviving child means either of the following:
103114
104115 (A) A surviving natural or adopted child of the deceased person.
105116
106117 (B) A surviving stepchild who meets both of the following requirements:
107118
108119 (i) He or she was living or domiciled with the deceased person at the time of his or her death.
109120
110121 (ii) He or she was claimed on the tax form most recently filed by the deceased person prior to that persons 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.
111122
112123 SEC. 3. 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.
113124
114125 SEC. 3. 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.
115126
116127 SEC. 3. 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.
117128
118129 ### SEC. 3.