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SB-251 Public postsecondary education: children of deceased or disabled veterans.(1999-2000)

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SB251:v91#DOCUMENT

Senate Bill No. 251
CHAPTER 689

An act to amend Section 32320 of the Education Code, relating to public postsecondary education.

[ Filed with Secretary of State  October 10, 1999. Approved by Governor  October 06, 1999. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 251, Knight. Public postsecondary education: children of deceased or disabled veterans.
Existing law prohibits any state-owned college, university, community college, or other school from charging any tuition or fees to certain dependents or survivors of veterans, including any child of any veteran of the United States military who has a service-connected disability, has been killed in service, or has died of a service-connected disability, where the annual income of the child, including the value of any support received from a parent, does not exceed $7,000.
This bill would instead provide that the maximum income of a child who would not be charged mandatory systemwide tuition or fees under this provision would be the national poverty level, as defined, as most recently calculated by the Bureau of the Census of the United States Department of Commerce, rather than $7,000.
The bill would provide that the waiver of mandatory systemwide tuition or fees under these provisions would apply for each academic year during which a student applies for the waiver, and not apply for a prior academic year. The bill would also provide that the waiver of mandatory systemwide tuition or fees under these provisions would apply only to a person who is determined, pursuant to existing law, to be a resident of California.
The bill would provide that none of its provisions would apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make a provision applicable.

The people of the State of California do enact as follows:


SECTION 1.

 Section 32320 of the Education Code is amended to read:

32320.
 (a) No state-owned college, university, community college, or other school shall charge any mandatory systemwide tuition or fees, including enrollment fees, registration fees, differential fees, or incidental fees, to any of the following:
(1) Any dependent eligible to receive assistance under Article 2 (commencing with Section 890) of Chapter 4 of Division 4 of the Military and Veterans Code.
(2) (A) Any child of any veteran of the United States military who has a service-connected disability, has been killed in service, or has died of a service-connected disability, where the annual income of the child, including the value of any support received from a parent, does not exceed the national poverty level as defined in subdivision (c).
(B) Notwithstanding Section 893 of the Military and Veterans Code, the Department of Veterans Affairs may determine the eligibility for fee waivers for a child described in subparagraph (A).
(3) Any dependent, or surviving spouse who has not remarried, of any member of the California National Guard who, in the line of duty, and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service of the state. For the purposes of this paragraph, “active service of the state” refers to a member of the California National Guard activated pursuant to Section 146 of the Military and Veterans Code.
(b) A person who is eligible for a waiver of tuition or fees under this section may receive a waiver for each academic year during which he or she applies for that waiver, but an eligible person may not receive a waiver of tuition or fees for a prior academic year.
(c) As used in this section, the “national poverty level” is the poverty threshold for one person, as most recently calculated by the Bureau of the Census of the United States Department of Commerce.
(d) The waiver of tuition or fees under this section shall apply only to a person who is determined to be a resident of California pursuant to Chapter 1 (commencing with Section 68000) of Part 41.
(e) This section shall not apply to a dependent of a veteran within the meaning of paragraph (4) of subdivision (a) of Section 890 of the Military and Veterans Code.
(f) No provision of this section shall apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make that provision applicable.