SB 242

Bill Subjects

Abstract

Existing law, the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act, establishes a program to provide a trust fund account to an eligible child, defined to include minor California residents who are specified dependents or wards under the jurisdiction of the juvenile court in foster care with reunification services terminated by court order, or who have a parent, Indian custodian, or legal guardian who died due to COVID-19 during the federally declared COVID-19 public health emergency and meet the specified family household income limit. Under the program, all assets of the fund and moneys allocated to individual HOPE trust accounts are considered to be owned by the state until an eligible youth withdraws or transfers money from their HOPE trust account. This bill would, among other things, require the Treasurer to verify the cause of death of the parent, Indian custodian, or legal guardian and to verify the minor's family household income prior to the death of the parent, Indian custodian, or legal guardian once the Treasurer receives government-issued documents or a statement signed by a person who is eligible to do so under penalty of perjury that establishes the identity of the child and that the person whose death certificate was provided was the child's parent, Indian custodian, or legal guardian. By expanding the crime of perjury, this bill would impose a state-mandated local program. The bill would also state the intent of the Legislature that all eligible children will be automatically enrolled for a HOPE trust account to the extent possible, and would require the Treasurer to, in order to achieve this goal, collaborate with the State Department of Social Services and any other relevant governmental agencies to gather data to maximize participation in the HOPE Trust Account Program for eligible children and youth, as specified. Under the bill, individual records or source data associated with the establishment of a HOPE trust account would not be subject to disclosure under the California Public Records Act. Existing law establishes various means-tested public social services programs administered by counties to provide eligible recipients with certain benefits, including, but not limited to, cash assistance under the California Work Opportunity and Responsibility to Kids (CalWORKs) program, nutrition assistance under the CalFresh program, and health care services under the Medi-Cal program. This bill would, to the extent permitted by federal law, prohibit funds deposited and investment returns accrued in a HOPE trust account from being considered as income or assets when determining eligibility and benefit amount for any means-tested program until an eligible youth withdraws or transfers the funds from the HOPE trust account, as specified. The bill would make these provisions operative on July 1, 2025, or on the date that the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare System or the California Automated Response and Engagement System (CARES) can perform the necessary automation to implement these provisions, whichever date is later. The bill would also require a one-time lump-sum payment made from a HOPE trust account to be exempt from enforcement of a money judgment by levy without making a claim, as specified. To the extent that the bill would expand county duties, the bill would impose a state-mandated local program. The bill would also authorize a program enrollee who is also an eligible youth to withdraw or transfer funds from their HOPE trust account on and after their 18th birthday, and would require the Treasurer to assist an eligible youth in transferring funds from their HOPE trust account to other specified accounts. The bill would require the Treasurer to design and disseminate information for parents, Indian custodians, and legal guardians of children and youth who are potentially eligible for the HOPE Trust Account Program to facilitate their enrollment in the program and the transfer of funds, as specified, and to annually submit an audited financial report on the operations of the program by August 1 to the Governor, the Controller, the California State Auditor, and the Legislature, as specified. The bill would expand the composition of the California HOPE for Children Trust Account Program Board, as specified, and would make other changes to board-related provisions. Existing law sets forth various provisions relating to the disclosure of certain information in the administration of taxes. Under existing law, any unwarranted disclosure or use of the information by the administering person or receiving agency is a misdemeanor. Under existing law, it is generally a misdemeanor for the Franchise Tax Board (FTB) or certain persons to disclose or make known in any manner information as to the amount of income or any particulars set forth or disclosed therein. This bill would require the Treasurer to disclose to the FTB certain information for the sole purpose of determining eligibility under the California HOPE for Children Trust Account Act. The bill would require the FTB to disclose to the Treasurer the amounts of the federal adjusted gross income, as specified. The bill would prohibit the Treasurer from disclosing or using any information obtained from the FTB under these provisions except for this purpose. The bill would require the FTB to return or destroy all information received from the Treasurer after completing the exchange of information under these provisions. By expanding the scope of a crime under the above-described disclosure provisions, the bill would impose a state-mandated local program. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. This bill would incorporate additional changes to Section 11157 of the Welfare and Institutions Code proposed by AB 274 to be operative only if this bill and AB 274 are enacted and this bill is enacted last. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.