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

Senate BillNo. 384


Introduced by Senators Gaines and DeSaulnier

February 20, 2013


An act to amendbegin delete Sectionend deletebegin insert Sectionsend insert 70010.5begin insert and 70011end insert 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.begin insert Existing law also establishes the Antiterrorism Fund for purposes that include funding antiterrorism activities.end insert 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.begin insert 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.end insert

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 thebegin delete Victimsend deletebegin insert California Victimend insert Compensation and Government Claims Board. The bill wouldbegin delete alsoend delete requirebegin delete thatend delete eligible persons who are to become participants in the programbegin insert toend insert execute participation agreements no later than July 1, 2016begin insert, 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 lastend insert.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 70010.5 of the Education Code is
2amended to read:

3

70010.5.  

(a) The California Victim Compensation and
4Government Claims Board shall identify, and confirm by
5documentation, all persons who are eligible for scholarships under
6the program. The California Victim Compensation and Government
7Claims Board shall use various methods to identify those persons,
8including, but not limited to, all of the following:

P3    1(1) Media outreach, including, but not limited to, social media,
2that explains the details of the program, who is eligible for
3scholarships under the program, and how to sign up for further
4notifications regarding the program.

5(2) Written notification to persons, or in the case of minors,
6their parents or guardians, who have already been identified as
7eligible for scholarships under the program, and their known family
8members. The notification shall explain that the program has been
9reopened, and that the California Victim Compensation and
10Government Claims Board is seeking information regarding other
11persons who may be eligible for the program, and shall provide
12instructions on how to sign up for further notifications regarding
13the program.

14(3) Communication with the Special Master of the federal
15September 11th Victim Compensation Fund to determine if
16additional victims who were California residents have been
17identified.

18(b) After creating a new list of eligible persons for the program,
19the California Victim Compensation and Government Claims
20Board shall notify these persons or, in the case of minors, the
21parents or guardians of these persons, of their eligibility for
22scholarships under the program.

23(1) The notification shall be in writing.

24(2) The notification shall provide details on the program and
25how to apply for scholarships under the program.

26(3) The notification shall be received by all of the appropriate
27persons no later than July 1, 2015.

28(c) The Scholarshare Investment Board shall service scholarships
29 pursuant to this article only for individuals determined to be eligible
30by thebegin delete Victimsend deletebegin insert California Victimend insert Compensation and Government
31Claims Board.

32(d) Eligible persons, or in the case of minors, the parents or
33guardians of these persons, shall inform the Scholarshare
34Investment Board of their decision on whether to participate in the
35program in a timely manner. Eligible persons, or in the case of
36minors, the parents or guardians of these persons, who are to
37become participants in the program shall execute agreements
38pursuant to Section 70011 no later than July 1, 2016.

39begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 70011 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
40read:end insert

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70011.  

(a) The board may enter into agreements with
2participants or with persons entitled to act on behalf of participants.

3(b) An agreement shall specify that any moneys remaining in
4an account after the 30th birthday of the participant, or not later
5than July 1,begin delete 2015,end deletebegin insert 2026,end insert whichever occurs last, shall revert to the
6Antiterrorism Fund established under paragraph (1) of subdivision
7(c) of Section 5066 of the Vehicle Code. The agreements may also
8include, but need not be limited to, the terms and subject matter
9set forth in Section 69983.

10

begin deleteSEC. 2.end delete
11begin insertSEC. 3.end insert  

This act is an urgency statute necessary for the
12immediate preservation of the public peace, health, or safety within
13the meaning of Article IV of the Constitution and shall go into
14immediate effect. The facts constituting the necessity are:

15Because many eligible persons are not currently receiving
16scholarships under the program, and because of the higher
17education expenses, prospective or ongoing, of the dependents of
18California residents who were killed as a result of injuries sustained
19during the terrorist attacks of September 11, 2001, it is necessary
20that this act take effect immediately.



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