AB 1090: Public postsecondary education: waiver of mandatory campus-based fees.
- Session Year: 2019-2020
- House: Assembly
- Latest Version Date: 2019-10-04
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Date
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Status
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| Oct 4, 2019 | Chaptered by Secretary of State - Chapter 516, Statutes of 2019. |
| Oct 4, 2019 | Approved by the Governor. |
| Sep 17, 2019 | Enrolled and presented to the Governor at 3:30 p.m. |
| Sep 9, 2019 | In Assembly. Ordered to Engrossing and Enrolling. |
| Sep 9, 2019 | Read third time. Passed. Ordered to the Assembly. |
| Sep 4, 2019 | Ordered to special consent calendar. |
| Aug 30, 2019 | From committee: Do pass. (Ayes 7. Noes 0.) (August 30). |
| Jun 24, 2019 | In committee: Referred to APPR. suspense file. |
| Jun 5, 2019 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 5). Re-referred to Com. on APPR. |
| May 16, 2019 | Referred to Com. on ED. |
| May 6, 2019 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 6, 2019 | Read third time. Passed. Ordered to the Senate. |
| Apr 25, 2019 | Read second time. Ordered to third reading. |
| Apr 24, 2019 | From committee: Do pass. (Ayes 18. Noes 0.) (April 24). |
| Apr 3, 2019 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (April 2). Re-referred to Com. on APPR. |
| Mar 7, 2019 | Referred to Com. on HIGHER ED. |
| Feb 22, 2019 | From printer. May be heard in committee March 24. |
| Feb 21, 2019 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Sep 9, 2019 | Special Consent AB1090 | Senate Floor |
Passed |
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| Aug 30, 2019 | Do pass | Senate Standing Committee on Appropriations |
Passed |
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| Jun 24, 2019 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
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| Jun 5, 2019 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Education |
Passed |
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| May 6, 2019 | AB 1090 Medina Assembly Third Reading | Assembly Floor |
Passed |
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| Apr 24, 2019 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
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| Apr 2, 2019 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Higher Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1090 |
THIRD READING
Bill No: AB 1090
Introduced: 2/21/19
SENATE EDUCATION COMMITTEE: 7-0, 6/5/19
AYES: Leyva, Wilk, Chang, Durazo, Glazer, McGuire, Pan
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/30/19
AYES: Portantino, Bates, Bradford, Durazo, Hill, Jones, Wieckowski
ASSEMBLY FLOOR: 76-0, 5/6/19 - See last page for vote
SUBJECT: Public postsecondary education: waiver of mandatory campus-based fees
DIGEST:
This bill expands an existing exemption from mandatory systemwide 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 active duty law enforcement or firefighters who died in the line of duty to also exempt these eligible survivors from mandatory campus-based fees.
Existing law:
- Provides that no mandatory systemwide fees be required by the UC Regents, the Board of Directors of Hastings College of Law, the CSU Trustees, or the Board of Governors of the CCC from any surviving spouse or child, of a deceased person, who met all of the following requirements:
- He or she was a resident of this state;
- He or she was employed by a state or local 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 performing firefighting services in California;
- His or her principal duties consisted of active law enforcement service or active fire suppression and prevention; and,
- 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 during the performing those duties, or died as a result of an industrial injury or illness arising out of and in the course of performing those duties. (Education Code (EC) § 68120.)
- Provides that no mandatory systemwide fees be required by the UC Regents, the CSU Trustees, or the Board of Governors of the CCC from any of the following: (EC § 66025.3 and 76300.)
- The dependent of any California resident killed in the September 11, 2001 terrorist attacks;
- The dependent of veteran killed or permanently disabled in the line of duty, as specified; and
- Current and former foster youth, as specified.
This bill expands an existing exemption from mandatory systemwide tuition and fees at the UC, the Hastings College of Law, the CSU, and the CCC for an eligible survivor of active duty law enforcement or firefighters who died in the line of duty to also exempt these eligible survivors from mandatory campus-based fees.
Comments
- Need for the bill. Existing law provides that no mandatory systemwide fees or tuition of any kind be collected by the UC (if so directed by the UC Regents), CSU or the CCC from any surviving spouse or child of a deceased firefighter or law enforcement officer who was killed in the line of duty. This exemption is known as the Alan Pattee Scholarship Act. According to the author, campus based fees could add up thousands of dollars and prohibition of such campus based fees will lighten the burden of Alan Pattee Scholarship Act recipients and will reduce the stress of working and attending college.
- Alan Pattee Scholarship Act. 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 systemwide fees at UC, Hastings, CSU and the CCC for these survivors. AB 2164 (O'Donnell and Cooper, Chapter 435, Statutes of 2016) expanded the eligibility for this tuition exemption to survivors of firefighters and law enforcement officers who died as a result of an industrial injury or illness arising out of and in the course of performing their duties. Last year, AB 2554 (Bonta, Chapter 191, Statutes of 2018) expanded the exemption to apply to an eligible survivor of a firefighter employed by the federal government who was a resident of California and whose duty assignment involved firefighting in California. This bill adds a new fee category to the list of fees waived for these survivors.
- Campus based fees. Campus mandatory fees are paid in addition to systemwide tuition and vary by campus. Campus fees are assessed for a various things for example, for health facilities, instructionally related activities or student centers. Unlike tuition fees, certain campus mandatory fees are agreed upon by the students through referendum conducted by the student body association or via alternative consultation with student representatives. Campus mandatory fees are not as common at community colleges. This bill in addition to waiving tuition cost for surviving dependents of law enforcement and firefighters exempts these individuals from paying mandatory campus-based fees at UC, CSU and CCC.
- Growing number of waivers. Current law prohibits public postsecondary institutions from applying certain fees to various groups impacted by a tragic event, these waivers include:
- A surviving spouse or child of a deceased person of active law enforcement service.
- A surviving spouse or child of a deceased person of active fire suppression and prevention.
- The dependent of any California resident killed in the September 11, 2001 terrorist attacks.
- The dependent of veteran killed or permanently disabled in the line of duty, as specified.
- Current and former foster youth.
Last year, about 10 UC students and 25 CSU students would have qualified for this exemption. As such, this bill’s provisions are anticipated to impact a small number of people, within the entire population of students, therefore, in isolation its impact to each segment is expected to be minimal. However, this bill expands overall the category of fees waived at a public higher education institution for Alan Pattee Scholarship Act beneficiaries. It is likely that future legislation prohibiting public colleges and universities from charging tuition or fees to other groups of students will follow suit. The cost of college is a barrier for many individuals with financial hardship, while providing fee exemptions for dependents of those kill in the line of duty is reasonable, the committee may wish to consider the broader policy implications of establishing numerous waiver programs and whether group by group exemptions are an appropriate remedy or whether a comprehensive solution is warranted.
Related/Prior Legislation
AB 703 (Weber, 2019) prohibits mandatory systemwide fees or tuition of any kind from being required or collected by the Regents of the UC, the Trustees of the CSU, the Board of Governors of the CCC, or any community college district from a student who has been exonerated, as defined in the Penal Code.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, by further exempting eligible survivors to mandatory campus-based fees, this bill could result in unknown General Fund cost pressures to the UC, Hastings College of Law, CSU, and the CCCs, likely in the tens of thousands of dollars each year. A precise estimate would depend on the number of students that qualify for the exemption each year and the extent of the fees, which are adopted at the local level and vary by campus. For the 2018-19 academic year, the average fees were $1,386 for UC, $1,561 at CSU, and limited to $92 for CCCs. Additionally, the total number of students that qualified for 2018-19 was less than 40 combined at the UC and CSU.
California Professional Firefighters
Faculty Association of California Community Colleges
Peace Officers Research Association of California
OPPOSITION: (Verified 8/30/19)
None received
ASSEMBLY FLOOR: 76-0, 5/6/19
AYES: Aguiar-Curry, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chiu, Choi, Chu, Cooley, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon
NO VOTE RECORDED: Arambula, Chen, Cooper, Salas
Prepared by: Olgalilia Ramirez / ED. /
9/1/19 11:04:11
**** END ****
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2019 - 2020 Regular Session
AB 1090 (Medina) - Public postsecondary education: waiver of mandatory campus-based fees
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: June 24, 2019 | Consultant: |
Bill Summary:
This bill exempts eligible survivors of a state or local public agency law enforcement officer or a federal, state or local firefighter who died in the line of duty from mandatory campus-based fees at the University of California (UC), the Hastings College of Law, the California State University (CSU), and the California Community Colleges (CCCs).
Fiscal Impact: By further exempting eligible survivors to mandatory campus-based fees, this bill could result in unknown General Fund cost pressures to the UC, Hastings College of Law, CSU, and the CCCs, likely in the tens of thousands of dollars each year. A precise estimate would depend on the number of students that qualify for the exemption each year and the extent of the fees which are adopted at the local level and vary by campus. For the 2018-19 academic year, the average fees were $1,386 for UC, $1,561 at CSU, and limited to $92 for CCCs. Additionally, the total number of students that qualified for 2018-19 was less than 40 combined at the UC and CSU.
Background:
Existing law provides that no mandatory systemwide fees shall be required by the UC, Hastings College of Law, the CSU, or the CCCs from any surviving spouse or child, of a person killed in the performance of active law enforcement or active fire suppression and prevention duties or who died as a result of an accident or an injury caused by external violence or physical force during the performing those duties. Existing law also provides that no mandatory systemwide fees shall be required by the UC Regents, the CSU Trustees, or the Board of Governors of the CCC from the dependent of any California resident killed in the September 11, 2001 terrorist attacks, the dependent of veteran killed or permanently disabled in the line of duty, as specified; and current and former foster youth, as specified.
Proposed Law:
This bill expands the existing exemption from mandatory systemwide tuition and fees at the UC, Hastings College of Law, CSU, and the CCCs for an eligible survivor of active duty law enforcement or firefighter who died in the line of duty to mandatory campus-based fees.
Related Legislation:
AB 703 (Weber) prohibits mandatory systemwide fees or tuition of any kind from being required or collected by the UC, CSU, the CCCs from a student who has been exonerated, as specified. This bill is scheduled to be heard by this Committee on June 24, 2019.
-- END --
SENATE COMMITTEE ON EDUCATION
Senator Connie Leyva, Chair
2019 - 2020 Regular
Bill No: AB 1090 Hearing Date: June 5, 2019
Author: | Medina | ||
Version: | February 21, 2019 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Olgalilia Ramirez | ||
Subject: Public postsecondary education: waiver of mandatory campus-based fees
SUMMARY
This bill expands an existing exemption from mandatory systemwide 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 active duty law enforcement or firefighters who died in the line of duty to also exempt these eligible survivors from mandatory campus-based fees.
BACKGROUND
Existing law:
- Provides that no mandatory systemwide fees be required by the UC Regents, the Board of Directors of Hastings College of Law, the CSU Trustees, or the Board of Governors of the CCC from any surviving spouse or child, of a deceased person, who met all of the following requirements:
- He or she was a resident of this state;
- He or she was employed by a state or local 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 performing firefighting services in California;
- His or her principal duties consisted of active law enforcement service or active fire suppression and prevention; and,
- 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 during the performing those duties, or died as a result of an industrial injury or illness arising out of and in the course of performing those duties. (Education Code (EC) § 68120.)
- Provides that no mandatory systemwide fees be required by the UC Regents, the CSU Trustees, or the Board of Governors of the CCC from any of the following: (EC § 66025.3 and 76300.)
- The dependent of any California resident killed in the September 11, 2001 terrorist attacks;
- The dependent of veteran killed or permanently disabled in the line of duty, as specified; and
- Current and former foster youth, as specified.
ANALYSIS
This bill expands an existing exemption from mandatory systemwide 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 active duty law enforcement or firefighters who died in the line of duty to also exempt these eligible survivors from mandatory campus-based fees.
STAFF COMMENTS
- Need for the bill. Existing law provides that no mandatory systemwide fees or
tuition of any kind be collected by the UC (if so directed by the UC regents ),
CSU or the CCC from any surviving spouse or child of a deceased firefighter or
law enforcement officer who was killed in the line of duty. This exemption is
known as the Alan Pattee Scholarship Act. According to the author campus based fees could add up thousands of dollars and prohibition of such campus based fees will lighten the burden of Alan Pattee Scholarship Act recipients and will reduce the stress of working and attending college.
- Alan Pattee Scholarship Act. 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 systemwide fees at UC, Hastings, CSU and the CCC for these survivors. AB 2164 (O'Donnell and Cooper, Chapter 435, Statutes of 2016) expanded the eligibility for this tuition exemption to survivors of firefighters and law enforcement officers who died as a result of an industrial injury or illness arising out of and in the course of performing their duties. Last year, AB 2554 (Bonta, Chapter 191, Statutes of 2018) expanded the exemption to apply to an eligible survivor of a firefighter employed by the federal government who was a resident of California and whose duty assignment involved firefighting in California. This bill adds a new fee category to the list of fees waived for these survivors.
- Campus based fees. Campus mandatory fees are paid in addition to systemwide tuition and vary by campus. Campus fees are assessed for a various things for example, for health facilities, instructionally related activities or student centers. Unlike tuition fees, certain campus mandatory fees are agreed upon by the students through referendum conducted by the student body association or via alternative consultation with student representatives. Campus mandatory fees are not as common at community colleges. This bill in addition to waiving tuition cost for surviving dependents of law enforcement and firefighters exempts these individuals from paying mandatory campus-based fees at UC, CSU and CCC.
- Waiver expansion. As noted in the background of this analysis, current law prohibits public postsecondary institutions from applying certain fees to various groups impacted by a tragic event, these waivers include:
- A surviving spouse or child of a deceased person of active law enforcement service.
- A surviving spouse or child of a deceased person of active fire suppression and prevention.
- The dependent of any California resident killed in the September 11, 2001 terrorist attacks.
- The dependent of veteran killed or permanently disabled in the line of duty, as specified.
- Current and former foster youth.
Last year, about 10 University of California (UC) students and 25 California State University (CSU) students would have qualified for this exemption. As such, the bill’s provisions are anticipated to impact a small number of people, within the entire population of students, therefore, in isolation its impact to each segment is expected to be minimal. However, this bill expands overall the category of fees waived at a public higher education institution for Alan Pattee Scholarship Act beneficiaries. It is likely that future legislation prohibiting public colleges and universities from charging tuition or fees to other groups of students will follow suit. The cost of college is a barrier for many individuals with financial hardship, while providing fee exemptions for dependents of those kill in the line of duty is reasonable, the committee may wish to consider the broader policy implications of establishing numerous waiver programs and whether group by group exemptions are an appropriate remedy or whether a comprehensive solution is warranted.
- Fiscal impact. According to the Assembly Appropriations Committee this bill would have the following fiscal effect, “minor GF cost pressures to the UC, Hastings and CSU and minor Proposition 98 GF cost pressures to the CCC to waive mandatory campus-based fees of eligible survivors. Last year, about 10 UC students and 25 CSU student would have qualified for this exemption. Total costs to cover these students’ mandatory costs would be about $50,000. The state would need to reimburse any costs related to this bill to the CCC, if the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate.”
- Related legislation. AB 703 (Weber, 2019) prohibits mandatory systemwide fees or tuition of any kind from being required or collected by the Regents of the UC, the Trustees of the CSU, the Board of Governors of the California Community Colleges, or any community college district from a student who has been exonerated, as defined in the penal code.
SUPPORT
California Professional Firefighters
OPPOSITION
None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1090
Author:(Medina)
As Introduced Ver:February 21, 2019
Majority vote
SUMMARY:
Expands an existing exemption from mandatory systemwide 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 state or local public agency law enforcement officer or a federal, state or local firefighter who died in the line of duty—to also exempt these eligible survivors from mandatory campus-based fees.
Major Provisions
COMMENTS:
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 systemwide fees at UC, Hastings, CSU and the CCC for these survivors. AB 2164 (O'Donnell and Cooper), Chapter 435, Statutes of 2016 expanded the eligibility for this tuition exemption to survivors of firefighters and law enforcement officers who died as a result of an industrial injury or illness arising out of and in the course of performing their duties. Last year, AB 2554 (Bonta), Chapter 191, Statutes of 2018, expanded the exemption to apply to an eligible survivor of a firefighter employed by the federal government who was a resident of California and whose duty assignment involved firefighting in California.
This bill, in addition to waiving systemwide tuition and fees for the students described above, waives all mandatory campus-based fees. These fees are adopted at the campus level and thus vary among campuses. They are often used to cover the costs of student government operations, student health and counseling centers, and the development and operating costs of student unions and recreation centers, among other things. At UC for 2018-19, the annual cost of campus-based fees averages $1,389 and at CSU, the fees average $1,561. CCC fees are limited to $92 in state law, and not all CCCs charge the maximum amount.
According to the Author:
Prohibition of such campus based fees will lighten the financial burden of Alan Pattee Scholarship Act recipients and will reduce the stress of working and attending college.
Arguments in Support:
Because campus-based fees vary across our public higher education systems, this bill remedies an existing disparity, whereby survivors are treated differently in terms of what they are required to pay based on which campus they attend.
Arguments in Opposition:
No opposition received for this bill.
FISCAL COMMENTS:
According to the Assembly Appropriations Committee, minor GF cost pressures to the UC, Hastings and CSU and minor Proposition 98 GF cost pressures to the CCC to waive mandatory campus-based fees of eligible survivors. Last year, about 10 UC students and 25 CSU student would have qualified for this exemption. Total costs to cover these students' mandatory costs would be about $50,000.
VOTES:
ASM HIGHER EDUCATION: 11-0-1
YES: Medina, Choi, Jones-Sawyer, Bloom, Gabriel, Irwin, Kiley, Levine, Low, Santiago, Weber
ABS, ABST OR NV: Patterson
ASM APPROPRIATIONS: 18-0-0
YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Jones-Sawyer, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas
UPDATED:
VERSION: February 21, 2019
CONSULTANT: Chuck Nicol / HIGHER ED. / (916) 319-3960 FN: 0000263
Date of Hearing: April 24, 2019
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 1090
Author:(Medina) – As Introduced Ver:February 21, 2019
Policy Committee: | Higher Education | Vote: | 11 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill exempts eligible survivors of a state or local public agency law enforcement officer or a federal, state or local firefighter who died in the line of duty from mandatory campus-based fees at the University of California (UC), the Hastings College of Law (Hastings), the California State University (CSU) and the California Community Colleges (CCC).
FISCAL EFFECT:
Minor GF cost pressures to the UC, Hastings and CSU and minor Proposition 98 GF cost pressures to the CCC to waive mandatory campus-based fees of eligible survivors. Last year, about 10 UC students and 25 CSU student would have qualified for this exemption. Total costs to cover these students’ mandatory costs would be about $50,000. The state would need to reimburse any costs related to this bill to the CCC, if the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate.
COMMENTS:
- Background. Current law already exempts eligible survivors described in this bill from mandatory systemwide tuition and fees at UC, Hastings, CSU and CCC. Mandatory systemwide tuition and fees are set either in state law or by the segment and are applied across all campuses. According to the Legislative Analyst’s Office (LAO), in the 2018-19 academic year, mandatory systemwide annual tuition and fees are as follows: $12,570 for UC; $44,326 for Hastings; $5,742 for CSU; and $1,380 for CCC.
This bill further exempts these survivors from mandatory campus-based fees. These fees vary by campus because they are adopted at the campus level. They typically are charged to cover the costs of student government operations and student health and counseling centers, among other things. According to the LAO, in the 2018-19 academic year, average mandatory campus-based annual fees are $1,386 for UCs; and $1,561 at CSUs. CCC fees are limited to $92 in state law, and not all CCCs charge the maximum amount.
Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081
Date of Hearing: April 2, 2019
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
ABPCA Bill Id:AB 1090 (
Author:Medina) – As Introduced Ver:February 21, 2019
SUBJECT: Public postsecondary education: waiver of mandatory campus-based fees
SUMMARY: Expands an existing exemption from mandatory systemwide 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 state or local public agency law enforcement officer or a federal, state or local firefighter who died in the line of duty—to also exempt these eligible survivors from mandatory campus-based fees.
EXISTING LAW:
- Provides that no mandatory systemwide fees be required by the UC Regents, the Board of Directors of Hastings College of Law, the CSU Trustees, or the Board of Governors of the CCC from any surviving spouse or child, of a deceased person, who met all of the following requirements:
- He or she was a resident of this state;
- He or she was employed by a state or local 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 performing firefighting services in California;
- His or her principal duties consisted of active law enforcement service or active fire suppression and prevention; and,
- 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 during the performing those duties, or died as a result of an industrial injury or illness arising out of and in the course of performing those duties. (Education Code (EC) Section 68120)
- 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 Sect. 68120.5)
FISCAL EFFECT: Unknown
COMMENTS:
Background and Recent Legislative History. 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 systemwide fees at UC, Hastings, CSU and the CCC for these survivors. AB 2164 (O’Donnell), Chapter 435, Statutes of 2016 expanded the eligibility for this tuition exemption to survivors of firefighters and law enforcement officers who died as a result of an industrial injury or illness arising out of and in the course of performing their duties. Last year, AB 2554 (Bonta), Chapter 191, Statutes of 2018, expanded the exemption to apply to an eligible survivor of a firefighter employed by the federal government who was a resident of California and whose duty assignment involved firefighting in California.
Purpose. AB 1090, in addition to waiving systemwide tuition and fees for the students described above, waives all mandatory campus-based fees. (This provision was also included in AB 2164, but was amended out of that bill prior to its final enactment in 2016.) These fees are adopted at the campus level and thus vary among campuses. They are often used to cover the costs of student government operations, student health and counseling centers, and the development and operating costs of student unions and recreation centers, among other things. At UC for 2018-19, the annual cost of campus-based fees averages $1,389 and ranges from $656 to $1,832. At CSU, the fees average $1,561, and range from $845 to $2,056. (The San Luis Obispo campus has an annual fee of $4,074 - $2,000 above the next highest campus.) Mandatory campus-based fees at the community colleges are generally minimal.
Camel’s Nose Under Tent? The number of students obtaining a tuition waiver under the Pattee Act is very low; it is only around 10 annually at UC and was 26 at CSU last year. Therefore, the revenue losses to UC and CSU from this bill would be de minimis at any individual campus. There are, however, other categories of students who currently receive tuition waivers, and if the waiver contained in this bill was subsequently extended to additional such students, the fiscal impact could be significant. For example, one such category of students receiving tuition waivers are the survivors of military veterans killed or permanently disabled in the line of duty. At CSU alone, almost 9,000 students fall into this category. Extending the waiver of campus-based fees just to these students would therefore result in revenue losses of around $14 million across CSU’s campuses.
Prior Legislation. In addition to the recent legislation discussed above, AB 2990 (Low), Chapter 642, Statutes of 2018 required every campus subject to the Act to place a link on the financial aid section of the campus website describing the exemption and providing an application for the exemption.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file.
Opposition
None on file.
Analysis Prepared by: Chuck Nicol / HIGHER ED. / (916) 319-3960
Bill Author
Bill Co-Author(s):