BILL NUMBER: SB 384 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 4, 2014
AMENDED IN ASSEMBLY JUNE 24, 2014
AMENDED IN ASSEMBLY JUNE 2, 2014
AMENDED IN ASSEMBLY MAY 12, 2014
AMENDED IN SENATE MAY 7, 2013
AMENDED IN SENATE APRIL 25, 2013
INTRODUCED BY Senators Gaines and DeSaulnier
( Coauthor: Assembly Member
Gatto )
FEBRUARY 20, 2013
An act to amend Sections 70010.5 and 70011 of the Education Code,
relating to scholarships, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 384, as amended, Gaines. California Memorial Scholarship
Program.
Existing law establishes the California Memorial Scholarship
Program, administered by the Scholarshare Investment Board and funded
by the California Memorial Scholarship Fund. Existing law also
establishes the Antiterrorism Fund for purposes that include funding
antiterrorism activities. Existing law states that the purpose of the
program is to provide scholarships for surviving dependents of
California residents killed as a result of injuries sustained during
the terrorist attacks of September 11, 2001. Existing law further
provides that these scholarships shall be used to defray the costs
incurred by participants in the program at institutions of higher
education.
Existing law requires the California Victim Compensation and
Government Claims Board to identify all persons who are eligible for
scholarships under the program and to notify them of their
eligibility no later than July 1, 2003. Existing law requires
eligible persons to inform the Scholarshare Investment Board in a
timely manner of their decision on whether to participate in the
program and requires eligible persons who are to become participants
in the program to execute agreements no later than July 1, 2005.
Existing law requires an agreement to specify that any moneys
remaining in an account after the 30th birthday of the participant,
or not later than July 1, 2015, whichever occurs last, shall revert
to the Antiterrorism Fund.
This bill would instead require the California Victim Compensation
and Government Claims Board to identify, and confirm by
documentation, all persons who are eligible for scholarships under
the program by use of various methods, including, among others, media
outreach and communication with the Special Master of the federal
September 11th Victim Compensation Fund, and, after creating a new
list of eligible persons, to notify those persons of their
eligibility by no later than July 1, 2015. The bill would require the
Scholarshare Investment Board to service these scholarships only for
individuals determined to be eligible by the California Victim
Compensation and Government Claims Board. The bill would require
eligible persons who are to become participants in the program to
execute participation agreements no later than July 1, 2016, and
would require those agreements to revert the moneys remaining in a
participant's account to the Antiterrorism Fund after the 30th
birthday of the participant, or not later than July 1, 2026,
whichever occurs last.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 70010.5 of the Education Code is amended to
read:
70010.5. (a) The California Victim Compensation and Government
Claims Board shall identify, and confirm by documentation, all
persons who are eligible for scholarships under the program. The
California Victim Compensation and Government Claims Board shall use
various methods to identify those persons, including, but not limited
to, all of the following:
(1) Media outreach, including, but not limited to, social media,
that explains the details of the program, who is eligible for
scholarships under the program, and how to sign up for further
notifications regarding the program.
(2) Written notification to persons, or in the case of minors,
their parents or guardians, who have already
previously been identified as eligible for scholarships under
the program, and their known family members. The notification shall
explain that the program has been reopened, and that the California
Victim Compensation and Government Claims Board is seeking
information regarding other persons who may be eligible for the
program, and shall provide instructions on how to sign up for further
notifications regarding the program.
(3) Communication with the Special Master of the federal September
11th Victim Compensation Fund to determine if additional victims who
were California residents have been identified.
(b) After creating a new list of eligible persons for the program,
the California Victim Compensation and Government Claims Board shall
notify these persons or, in the case of minors, the parents or
guardians of these persons, of their eligibility for scholarships
under the program.
(1) The notification shall be in writing.
(2) The notification shall provide details on the program and how
to apply for scholarships under the program.
(3) The notification shall be received by all of the appropriate
persons no later than July 1, 2015.
(c) The Scholarshare Investment Board shall service scholarships
pursuant to this article only for individuals determined to be
eligible by the California Victim Compensation and Government Claims
Board.
(d) Eligible persons, or in the case of minors, the parents or
guardians of these persons, shall inform the Scholarshare Investment
Board of their decision on whether to participate in the program in a
timely manner. Eligible persons, or in the case of minors, the
parents or guardians of these persons, who are to become participants
in the program shall execute agreements pursuant to Section 70011 no
later than July 1, 2016.
SEC. 2. Section 70011 of the Education Code is amended to read:
70011. (a) The board may enter into agreements with participants
or with persons entitled to act on behalf of participants.
(b) An agreement shall specify that any moneys remaining in an
account after the 30th birthday of the participant, or not later than
July 1, 2026, whichever occurs last, shall revert to the
Antiterrorism Fund established under paragraph (1) of subdivision (c)
of Section 5066 of the Vehicle Code. The agreements may also
include, but need not be limited to, the terms and subject matter set
forth in Section 69983.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
Because many eligible persons are not currently receiving
scholarships under the program, and because of the higher education
expenses, prospective or ongoing, of the dependents of California
residents who were killed as a result of injuries sustained during
the terrorist attacks of September 11, 2001, it is necessary that
this act take effect immediately.