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.

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.

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.

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.

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.

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.

Existing law prohibits the Board of Directors of the Hastings College of the Law, 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 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.

Existing law prohibits the Board of Directors of the Hastings College of the Law, 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 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.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2164

Author:(O'Donnell and Cooper)

As Amended Ver:August 16, 2016

Majority vote

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.

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:
   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; and,
   4. 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:
   1. Cancer and leukemia that manifest during the time of active employment and up to 10 years after being employed as a work-related illness (Labor Code Section(LAB) 3212.1);
   2. 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,
   3. 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.

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

 THIRD READING  

Bill No: AB 2164

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 9-0, 6/15/16

AYES: Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan, Vidak

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16

AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

ASSEMBLY FLOOR: 78-0, 6/1/16 - See last page for vote

SUBJECT:

SOURCE: California Professional Firefighters

DIGEST: This bill expands fee waiver requirements for survivors of deceased law enforcement or firefighters at California’s public postsecondary education institutions to include mandatory campus-based fees, and expands eligibility for the waiver to include survivors of a law enforcement officer or firefighter who died as the result of an industrial injury or illness related to their job duties.

ANALYSIS:

Existing law:

1. Requires that mandatory systemwide fees be waived by the University of California (UC) Regents, the Board of Directors of Hastings College of Law, or California State University (CSU) Trustees, for any surviving spouse or child, of a deceased person, who met all of the following requirements:
   
   1. Was a California resident.
      
   2. Was employed by a public agency, or was a contractor, or an employee of a contractor, performing services for a public agency.
      
   3. The person’s principal duties consisted of active law enforcement service or active fire suppression and prevention.
      
   4. 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 § 68120)
      
2. Requires that enrollment fees at the California Community Colleges (CCC) be waived for any student who meets the requirements outlined above.

(EC § 76300(i))

1. Requires that any determination of eligibility for these fee waiver requirements to 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)
   
2. 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 cancer and leukemia, tuberculosis, and blood-borne infectious diseases or skin infections, as specified. (Labor Code § 3212.1,

§ 3212.6, and § 3212.8)

This bill:

1. Expands the fee waiver requirements applicable to the survivors of deceased law enforcement or firefighters at California’s public postsecondary education institutions, as follows:
   1. Expands the waiver beyond systemwide fees to also include mandatory campus-based fees.
   2. Expands eligibility for the waiver to include the survivors of a law enforcement officer or a firefighter who died as the result of an industrial injury or illness related to their job duties.
   3. Expands fee waiver provisions to apply to the CCC.
      
2. Makes several technical and conforming changes.

Comments

Expansion of eligibility. According to the sponsor, the fee waiver requirements in existing law were enacted before many of the existing public safety job-caused illnesses were deemed compensable under the state worker’s compensation system. This bill clarifies that the fee waiver eligibility would be consistent with any findings of the Workers’ Compensation Appeals Board and ensures that fee waiver benefits would extend to survivors of first responders whose death resulted from occupational illnesses.

Existing fees. Existing law provides for a number of additional mandatory fee waivers, including for dependents or survivors of disabled or deceased California veterans, certain recipients (or children of recipients) of a Congressional Medal of Honor, and dependents of victims of the September 11, 2001, terrorist attacks. These statutory waivers apply exclusively to systemwide mandatory fees.

Campuses may also charge additional mandatory campus-based fees related to student services. For example:

1. Community college students may have enrollment fees waived under the Board of Governor Fee Waiver programs, but could still be subject to a health fee, the student representation fee, and parking or transportation fees (although existing law caps the allowable fee for students on financial assistance).
2. At the CSU, these could include fees for health facilities, health services, associated student body, materials services and facilities, instructionally related activities, orientation, athletics recreation and transit. Recently enacted legislation, AB 1000 (Weber, Chapter 636, 2015) requires a binding student vote prior to implementation and provides that these fees may be rescinded at any time after six years with another binding majority student vote, except that student success fees supporting ongoing and long-term obligations may not be rescinded until the obligation is satisfied.
3. At the UC, campus-based fees support a variety of campus-specific, student-related expenditures and programs such as student government, and construction, renovation, and maintenance of student activities and recreational facilities, which are not funded by mandatory university wide fees. Campus-based fees are initiated or modified by student referendum with final approval by the President of the UC.

Although campus-based fees are not currently waived as part of the state mandated program, both the UC and the CSU report that campus-based mandatory fees are included in the cost of attendance, and most low-income students would have these fees covered via their award package (federal Pell grant, Cal Grant, State University Grant).

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

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 36 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.
  
• Because eligibility for this award requires income and asset levels of no more than those allowed for Cal Grant B award eligibility, it is possible that a portion of these recipients may have otherwise received a Cal Grant or a Board of Governor’s fee waiver at the CCC, without this bill.

SUPPORT: (Verified 8/15/16)

California Professional Firefighters (source)

OPPOSITION: (Verified 8/15/16)

None received

ASSEMBLY FLOOR: 78-0, 6/1/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

NO VOTE RECORDED: Cooper, Gordon

Prepared by:

8/16/16 17:33:34

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 2164 (O'Donnell) - Public postsecondary education: tuition and fees

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 11, 2016

Bill Summary:

This bill expands eligibility for mandatory systemwide fee waivers for surviving spouses and dependents of deceased law enforcement officers or firefighters at California’s public postsecondary education institutions to include survivors of those who died as the result of an industrial injury or illness related to their job duties.

Fiscal Impact:

• Unknown, but potentially significant revenue loss to the University of California (UC), California State University (CSU), and the California Community Colleges (CCC). UC indicates less than 20 students are receiving the current waiver. The CSU and the CCC indicate that 36 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.

Staff notes that because eligibility for this award requires income and asset levels of no more than those allowed for Cal Grant B award eligibility, it is possible that a portion of these recipients may have otherwise received a Cal Grant or a Board of Governor’s fee waiver at the CCC, without this bill.

Committee Amendments:

Delete the requirement to waive campus-based fees.

-- END --

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 2164 (O'Donnell) - Public postsecondary education: tuition and fees

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill expands fee waiver requirements for survivors of deceased law enforcement officers or firefighters at California’s public postsecondary education institutions to include mandatory campus-based fees, and expands eligibility for the waiver to include survivors of a law enforcement officer or firefighter who died as the result of an industrial injury or illness related to their job duties.

Fiscal Impact:

• Unknown, but potentially significant revenue loss to the University of California (UC), California State University (CSU), and the California Community Colleges (CCC). UC indicates less than 20 current students are receiving the current waiver; for CSU 36 students; and for the CCC about 350 students received the waiver in 2014-15. 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 and campus-based fee waivers would be about $136,000 at the UC; $123,000 at the CSU; and $160,000 at the CCC.

Staff notes that because eligibility for this award requires income and asset levels of no more than those allowed to be eligible for a Cal Grant B award, it is possible that a portion of these recipients may have otherwise received a Cal Grant or a Board of Governor’s fee waiver at the CCC, without this bill.

Background:

Existing law requires that mandatory systemwide fees be waived by the University of California (UC) Regents, the Board of Directors of Hastings College of Law, or California State University (CSU) Trustees, for any surviving spouse or child, of a deceased person, who met all of the following requirements:

• Was a California resident.
• Was employed by a public agency, or was a contractor, or an employee of a contractor, performing services for a public agency.
• The person’s principal duties consisted of active law enforcement service or active fire suppression and prevention.
• 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 § 68120)

Existing law requires that enrollment fees at the California Community Colleges be waived for any student who meets the requirements outlined above. (EC § 76300(i)).

Existing law requires that any determination of eligibility for these fee waiver requirements to 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)

Existing law also 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 term exposures they face in their line of work, including, but not limited to cancer and leukemia, tuberculosis, and blood-borne infectious diseases or skin infections, as specified. (Labor Code § 3212.1, § 3212.6, and § 3212.8)

According to the sponsor, the fee waiver requirements in existing law were enacted before many of the existing public safety job-caused illnesses were deemed compensable under the state worker’s compensation system. This bill clarifies that the fee waiver eligibility would be consistent with any findings of the Workers’ Compensation Appeals Board and ensures that fee waiver benefits would extend to survivors of first responders whose death resulted from occupational illnesses.

Proposed Law:

This bill expands the fee waiver requirements applicable to the survivors of deceased law enforcement or firefighters at California’s public postsecondary education institutions, as follows:

• Expands the waiver beyond systemwide fees to also include mandatory campus-based fees.
• Expands eligibility for the waiver to include the survivors of a law enforcement officer or a firefighter who died as the result of an industrial injury or illness related to their job duties.

Staff Comments: It is difficult to isolate the effect of this bill as it would be limited to fire fighter and law enforcement officers that 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. According to Firefighter Fatalities in the United States – 2015 by the National Fire Protection Association Fire Analysis and Research (June 2016), a total of 68 firefighters died while on-duty in the United States in 2015. Of these deaths, 24 occurred at fire scenes. These are the deaths that are likely covered under current law. Of the 68 deaths, 40 were by cause of fatal injury or illness (35 of which were classified as sudden cardiac deaths). Using 2015 as an example it could be generally assumed, though with caution, in order to account for duplicated counts, that 16 additional deaths (or 33 percent more) could be included under this bill for a particular year; for firefighters only. This cost estimate assumes an increase of 50 percent of current recipients.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Carol Liu, Chair

2015 - 2016 Regular

Bill No: AB 2164

Subject: Public postsecondary education: tuition and fees

SUMMARY

This bill expands fee waiver requirements for survivors of deceased law enforcement or firefighters at California’s public postsecondary education institutions to include mandatory campus-based fees, and expands eligibility for the waiver to include survivors of a law enforcement officer or firefighter who died as the result of an industrial injury or illness related to their job duties.

BACKGROUND

Existing law:

1. Requires that mandatory systemwide fees be waived by the University of California (UC) Regents, the Board of Directors of Hastings College of Law, or California State University (CSU) Trustees, for any surviving spouse or child, of a deceased person, who met all of the following requirements:
   
   1. Was a California resident.
      
   2. Was employed by a public agency, or was a contractor, or an employee of a contractor, performing services for a public agency.
      
   3. The person’s principal duties consisted of active law enforcement service or active fire suppression and prevention.
      
   4. 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 § 68120)
      
2. Requires that enrollment fees at the California Community Colleges be waived for any student who meets the requirements outlined above. (EC § 76300(i))
   
3. Requires that any determination of eligibility for these fee waiver requirements to 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)
   
4. 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 cancer and leukemia, tuberculosis, and blood-borne infectious diseases or skin infections, as specified. (Labor Code § 3212.1, § 3212.6, and § 3212.8)

ANALYSIS

This bill:

1. Expands the fee waiver requirements applicable to the survivors of deceased law enforcement or firefighters at California’s public postsecondary education institutions, as follows:
   1. Expands the waiver beyond systemwide fees to also include mandatory campus-based fees.
   2. Expands eligibility for the waiver to include the survivors of a law enforcement officer or a firefighter who died as the result of an industrial injury or illness related to their job duties.
   3. Expands fee waiver provisions to apply to the California Community Colleges.
2. Makes several technical and conforming changes.

STAFF COMMENTS

1. Need for the bill. According to the author, tuition and fee waivers for eligible survivors have been "inconsistently awarded both within a single system and across the varying segments." The sponsors of the bill (California Professional Firefighters) note that the California Fire Foundation, which assists families of fallen fire-fighters, brought this issue to their attention when one surviving child of a firefighter who died as a result of job related cancer (an industrial illness) was granted a tuition waiver by a community college while the other surviving child was denied the waiver by the California State University system.

This fee waiver currently only applies to mandatory systemwide fees. This bill prohibits the collection of mandatory fees or tuition of any kind, thereby requiring the waiver of campus-based fees.

1. Expansion of eligibility. According to the sponsor, the fee waiver requirements in existing law were enacted before many of the existing public safety job-caused illnesses were deemed compensable under the state worker’s compensation system. This bill clarifies that the fee waiver eligibility would be consistent with any findings of the Workers’ Compensation Appeals Board and ensures that fee waiver benefits would extend to survivors of first responders whose death resulted from occupational illnesses.
2. Existing fees. Existing law provides for a number of additional mandatory fee waivers, including for dependents or survivors of disabled or deceased California veterans, certain recipients (or children of recipients) of a Congressional Medal of Honor, and dependents of victims of the September 11, 2001, terrorist attacks. These statutory waivers apply exclusively to systemwide mandatory fees.

Campuses may also charge additional mandatory campus-based fees related to student services. For example:

• 1. Community college students may have enrollment fees waived under the Board of Governor Fee Waiver programs, but could still be subject to a health fee, the student representation fee, and parking or transportation fees (although existing law caps the allowable fee for students on financial assistance).
  2. At the California State University (CSU), these could include fees for health facilities, health services, associated student body, materials services and facilities, instructionally related activities, orientation, athletics recreation and transit. Recently enacted legislation, AB 1000 (Weber, Chapter 636, 2015) requires a binding student vote prior to implementation and provides that these fees may be rescinded at any time after six years with another binding majority student vote, except that student success fees supporting ongoing and long-term obligations may not be rescinded until the obligation is satisfied.
  3. At the University of California (UC), campus-based fees support a variety of campus-specific, student-related expenditures and programs such as student government, and construction, renovation, and maintenance of student activities and recreational facilities, which are not funded by mandatory university wide fees. Campus-based fees are initiated or modified by student referendum with final approval by the President of the UC.

Although campus-based fees are not currently waived as part of the state mandated program, both the UC and the CSU report that campus-based mandatory fees are included in the cost of attendance, and most low-income students would have these fees covered via their award package (federal Pell grant, Cal Grant, State University Grant).

1. How many students? According to the Assembly Appropriations Committee analysis, the UC indicates less than 20 students are currently receiving the systemwide fee waiver. The total is 36 students at CSU and was about 350 at the community colleges in 2014-15. The numbers of additional students at each segment who would become eligible for a waiver under this bill is unknown, but assuming it is one-half the above numbers, the Assembly Appropriations Committee estimates annual revenue losses of about $134,000 at UC, $123,000 at CSU and $160,000 at the CCC. In addition, since the bill waives mandatory campus-based fees, there would be additional revenue losses of $11,000 at UC and $48,000 at CSU.

SUPPORT

California Professional Firefighters

Peace Officers Research Association of California

OPPOSITION

None received.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2164

Author:(O'Donnell and Cooper)

As Amended Ver:May 27, 2016

Majority vote

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.

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:
   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; and,
   4. 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 (EC) Section 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:
   1. Cancer and leukemia that manifest during the time of active employment and up to 10 years after being employed as a work-related illness (Labor Code (LAB) Section 3212.1);
   2. Tuberculosis that manifests during the time of active employment and up to six year after being employed as a presumed work-related illness (LAB Section 3212.6); and,
   3. 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 Section 3212.8).

FISCAL EFFECT: According to the Assembly Appropriations Committee, expanding the circumstances under which the survivor of a firefighter or law enforcement officer would be eligible for tuition and fee waivers would result in losses of revenue at UC, CSU, and the CCC.

UC indicates less than 20 current students are receiving the current waiver. The total is 36 students at CSU and was about 350 at the community colleges in 2014-15. The numbers of additional students at each segment who would become eligible for a waiver under this bill is unknown, but assuming it is one-half of the above numbers, the annual revenue losses would be about $134,000 at UC, $123,000 at CSU and $160,000 at the CCC. Additionally, since the bill waives mandatory campus-based fees, there would be additional revenue losses of $11,000 at UC and $48,000 at CSU.

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.

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: 0003272

Date of Hearing: May 4, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 2164

Author:(O'Donnell) – As Amended Ver:April 18, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill 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—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. The bill also provides, for student survivors receiving the existing waiver, an additional waiver of mandatory campus-based fees.

FISCAL EFFECT:

Expanding the circumstances under which the survivor of a firefighter or law enforcement officer would be eligible for tuition and fee waivers would result in losses of revenue at UC, CSU, and the CCC.

UC indicates less than 20 current students are receiving the current waiver. The total is 36 students at CSU and was about 350 at the community colleges in 2014-15. The numbers of additional students at each segment who would become eligible for a waiver under this bill is unknown, but assuming it is one-half the above numbers, the annual revenue losses would be about $134,000 at UC, $123,000 at CSU and $160,000 at the CCC. In addition, since the bill waives mandatory campus-based fees, there would be additional revenue losses of $11,000 at UC and $48,000 at CSU.

COMMENTS:

Background and Purpose. The Alan Pattee Scholarship Act of 1970 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 UC, Hastings, and CSU for these survivors. By reference to the Act in Education Code Section 76300, fees are also waived at the CCC. Since 1970, California's workers' compensation laws have been amended to reflect other serious occupational hazards firefighters and law enforcement officers face. Today these laws provide for benefits to these public safety officers who also endure the cumulative effect of exposure to toxic materials. The Act has never been updated to reflect these changes, which AB 2164 would accomplish.

Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081

Date of Hearing: April 12, 2016

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Jose Medina, Chair

ABPCA Bill Id:AB 2164 (

Author:O'Donnell) – As Introduced Ver:February 17, 2016

SUBJECT: Public postsecondary education: tuition and fees.

SUMMARY: Specifies that an eligible survivor, as specified, 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 fire suppression and prevention or active law enforcement duties, shall not be charged mandatory tuition or fees of any kind by the University of California (UC) Regents, the Board of Directors of the Hastings College of Law, or the California State University (CSU) Trustees.

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:
   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; and,
   4. 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 (EC) Section 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:
   1. Cancer and leukemia that manifest during the time of active employment and up to 10 years after being employed as a work-related illness (Labor Code (LAB) Section 3212.1);
   2. Tuberculosis that manifests during the time of active employment and up to six year after being employed as a presumed work-related illness (LAB Section 3212.6); and,
   3. 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 Section 3212.8).

FISCAL EFFECT: Unknown

COMMENTS: Background. The Alan Pattee Scholarship Act of 1970 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.

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.

How many are benefiting? It is presently unclear as to the full number of eligible survivors who have been awarded a full waiver. Committee staff understands that anecdotally, the number is rather small for various reasons, among others, that not all eligible survivors have been awarded the scholarship under the Act at various campuses. However, according to information provided by the author, during the 2013-14 academic year, 39 eligible survivors enrolled at the CSU received the scholarship.

Related legislation. AB 2166 (Cooper), which will be heard in this Committee today, is similar in nature to this measure.

Committee consideration. As stated above, AB 2166 is similar in nature to this measure; however, this measure seeks to correct necessary changes to in order to align the Act with current workers' compensation and other labor laws.

The Committee may wish to consider if it is prudent to pass out two bills similar in nature, instead of one comprehensive measure; and, encourage the authors of both measures to jointly author the more comprehensive measure.

REGISTERED SUPPORT / OPPOSITION:

Support

American Federation of State, County and Municipal Employees (AFSCME), Local 685

Association for Los Angeles Deputy Sheriffs

California Association of Highway Patrolmen (CAHP)

California Fire Chiefs Association (CFCA)

California Labor Federation

California Police Chiefs Association

California Professional Firefighters (Sponsor)

California State Firefighters' Association

Fire Districts Association of California (FDAC)

Laborers' International Union of America (LiUNA), Local 792

Los Angeles County Probation Officers' Union

Los Angeles Police Protective League

Peace Officers Research Association of California

Riverside Sheriffs' Association

Opposition

None on file.

Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960