70010. (a) The California Memorial Scholarship Program is hereby
established. The program shall be administered by the Scholarshare
Investment Board established pursuant to Section 69984. The program
shall be funded by the California Memorial Scholarship Fund
established pursuant to Section 5066 of the Vehicle Code.
(b) 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. These scholarships shall be used to defray the costs incurred
by participants in the program at institutions of higher education.
The Legislature finds and declares that the scholarships provided by
this act are funded by voluntary donations provided by California
vehicle owners.
70010.1. As used in this article:
(a) "Board" means the Scholarshare Investment Board established
pursuant to Section 69984.
(b) "California resident" means a person who would not be required
to pay nonresident tuition under Chapter 1 (commencing with Section
68000) of Part 41.
(c) "Dependent" means a person identified by the California Victim
Compensation and Government Claims Board because of his or her
relationship to a California resident killed as a result of injuries
sustained during the terrorist attacks of September 11, 2001.
(d) "Fund" means the California Memorial Scholarship Fund
established pursuant to Section 5066 of the Vehicle Code.
(e) "Institution of higher education" has the same meaning as
"eligible educational institution," as defined in paragraph (5) of
subsection (e) of Section 529 of the Internal Revenue Code of 1986,
as amended by Section 211 of the Taxpayer Relief Act of 1997 (Public
Law 105-34).
(f) "Participant" means a surviving dependent of a California
resident killed as a result of injuries sustained during the
terrorist attacks of September 11, 2001, who has executed, or on
whose behalf has been executed, an agreement pursuant to Section
70011.
(g) "Program" means the California Memorial Scholarship Program
established pursuant to Section 70010.
(h) "Scholarship" means a participant's account as established by
the board with moneys deposited in the fund.
70010.5. (a) The California Victim Compensation and Government
Claims Board shall identify all persons who are eligible for
scholarships under 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. This notification
shall be in writing, and shall be received by all of the appropriate
persons no later than July 1, 2003.
(b) Eligible persons, or in the case of minors, the parents or
guardians of these persons, shall inform the 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, 2005.
70010.7. (a) (1) The Department of Motor Vehicles shall deposit the
proceeds of the sale of California memorial license plates into the
fund in accordance with paragraph (2) of subdivision (c) of Section
5066 of the Vehicle Code. When an agreement is executed pursuant to
Section 70011, the board shall establish an account within the fund
for the benefit of a person eligible for the program.
(2) Distributions from the fund shall commence on July 1, 2005.
After July 1, 2005, the total amount of moneys in the fund shall, at
all times, be evenly divided among the accounts that are in existence
at that time until the board has transferred five thousand dollars
($5,000) from the fund into each account. When five thousand dollars
($5,000) has been transferred by the board into each account, all
revenues remaining in the fund shall be deposited into the
Antiterrorism Fund created by paragraph (1) of subdivision (c) of
Section 5066 of the Vehicle Code and distributed as provided in that
paragraph.
(b) Moneys in the fund, including moneys in the accounts, may be
invested and reinvested by the board, or may be invested in whole or
in part under contract with private money managers, as determined by
the board. The interest earned shall accrue to the accounts.
(c) The board shall establish within the fund an administrative
account, the amount deposited in which may not exceed 5 percent of
the total amount of moneys in the fund. Funds in the administrative
account may be used, upon appropriation in the annual Budget Act or
in another statute, for the administrative costs of the board in
administering the program.
(d) No moneys from the fund may be encumbered, and no distribution
may be made from any account in the fund, unless and until an
appropriation authorizing that encumbrance or distribution is made in
the annual Budget Act or in another statute.
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, 2015, 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.
70011.3. Nothing in this article shall be construed to authorize or
require the admission of a participant into a specific institution
of higher education or degree program.
70011.5. Notwithstanding any other provisions of state law, any
funds awarded pursuant to this article shall augment and not supplant
student financial aid from other state sources. All calculations for
eligibility for student financial aid from other state sources shall
be made without consideration of any funds awarded pursuant to this
article.
70011.7. Within the annual report required pursuant to Section
69989, the board shall also include information on the operation of
the program. This information shall include, but need not be limited
to, data on the number of agreements executed during the year, the
date on which each agreement is executed, the age of each
participant, the amount and number of distributions made from
accounts within the fund, and the rate of return on the funds
invested under this article.
70011.9. (a) The board may adopt regulations for the purposes of
this article as emergency regulations in accordance with the
rulemaking provisions of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code). For the purposes of the Administrative
Procedure Act, including Section 11349.6 of the Government Code, the
adoption of the regulations shall be deemed to be an emergency and
necessary for the immediate preservation of the public peace, health,
and safety, or general welfare, notwithstanding subdivision (e) of
Section 11346.1 of the Government Code.
(b) Notwithstanding subdivision (e) of Section 11346.1 of the
Government Code, any regulation adopted pursuant to this section
shall not remain in effect more than one year unless the board
complies with rulemaking provisions of the Administrative Procedure
Act, as required by subdivision (e) of Section 11346.1 of the
Government Code.
70010. (a) The California Memorial Scholarship Program is hereby
established. The program shall be administered by the Scholarshare
Investment Board established pursuant to Section 69984. The program
shall be funded by the California Memorial Scholarship Fund
established pursuant to Section 5066 of the Vehicle Code.
(b) 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. These scholarships shall be used to defray the costs incurred
by participants in the program at institutions of higher education.
The Legislature finds and declares that the scholarships provided by
this act are funded by voluntary donations provided by California
vehicle owners.
70010.1. As used in this article:
(a) "Board" means the Scholarshare Investment Board established
pursuant to Section 69984.
(b) "California resident" means a person who would not be required
to pay nonresident tuition under Chapter 1 (commencing with Section
68000) of Part 41.
(c) "Dependent" means a person identified by the California Victim
Compensation and Government Claims Board because of his or her
relationship to a California resident killed as a result of injuries
sustained during the terrorist attacks of September 11, 2001.
(d) "Fund" means the California Memorial Scholarship Fund
established pursuant to Section 5066 of the Vehicle Code.
(e) "Institution of higher education" has the same meaning as
"eligible educational institution," as defined in paragraph (5) of
subsection (e) of Section 529 of the Internal Revenue Code of 1986,
as amended by Section 211 of the Taxpayer Relief Act of 1997 (Public
Law 105-34).
(f) "Participant" means a surviving dependent of a California
resident killed as a result of injuries sustained during the
terrorist attacks of September 11, 2001, who has executed, or on
whose behalf has been executed, an agreement pursuant to Section
70011.
(g) "Program" means the California Memorial Scholarship Program
established pursuant to Section 70010.
(h) "Scholarship" means a participant's account as established by
the board with moneys deposited in the fund.
70010.5. (a) The California Victim Compensation and Government
Claims Board shall identify all persons who are eligible for
scholarships under 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. This notification
shall be in writing, and shall be received by all of the appropriate
persons no later than July 1, 2003.
(b) Eligible persons, or in the case of minors, the parents or
guardians of these persons, shall inform the 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, 2005.
70010.7. (a) (1) The Department of Motor Vehicles shall deposit the
proceeds of the sale of California memorial license plates into the
fund in accordance with paragraph (2) of subdivision (c) of Section
5066 of the Vehicle Code. When an agreement is executed pursuant to
Section 70011, the board shall establish an account within the fund
for the benefit of a person eligible for the program.
(2) Distributions from the fund shall commence on July 1, 2005.
After July 1, 2005, the total amount of moneys in the fund shall, at
all times, be evenly divided among the accounts that are in existence
at that time until the board has transferred five thousand dollars
($5,000) from the fund into each account. When five thousand dollars
($5,000) has been transferred by the board into each account, all
revenues remaining in the fund shall be deposited into the
Antiterrorism Fund created by paragraph (1) of subdivision (c) of
Section 5066 of the Vehicle Code and distributed as provided in that
paragraph.
(b) Moneys in the fund, including moneys in the accounts, may be
invested and reinvested by the board, or may be invested in whole or
in part under contract with private money managers, as determined by
the board. The interest earned shall accrue to the accounts.
(c) The board shall establish within the fund an administrative
account, the amount deposited in which may not exceed 5 percent of
the total amount of moneys in the fund. Funds in the administrative
account may be used, upon appropriation in the annual Budget Act or
in another statute, for the administrative costs of the board in
administering the program.
(d) No moneys from the fund may be encumbered, and no distribution
may be made from any account in the fund, unless and until an
appropriation authorizing that encumbrance or distribution is made in
the annual Budget Act or in another statute.
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, 2015, 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.
70011.3. Nothing in this article shall be construed to authorize or
require the admission of a participant into a specific institution
of higher education or degree program.
70011.5. Notwithstanding any other provisions of state law, any
funds awarded pursuant to this article shall augment and not supplant
student financial aid from other state sources. All calculations for
eligibility for student financial aid from other state sources shall
be made without consideration of any funds awarded pursuant to this
article.
70011.7. Within the annual report required pursuant to Section
69989, the board shall also include information on the operation of
the program. This information shall include, but need not be limited
to, data on the number of agreements executed during the year, the
date on which each agreement is executed, the age of each
participant, the amount and number of distributions made from
accounts within the fund, and the rate of return on the funds
invested under this article.
70011.9. (a) The board may adopt regulations for the purposes of
this article as emergency regulations in accordance with the
rulemaking provisions of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code). For the purposes of the Administrative
Procedure Act, including Section 11349.6 of the Government Code, the
adoption of the regulations shall be deemed to be an emergency and
necessary for the immediate preservation of the public peace, health,
and safety, or general welfare, notwithstanding subdivision (e) of
Section 11346.1 of the Government Code.
(b) Notwithstanding subdivision (e) of Section 11346.1 of the
Government Code, any regulation adopted pursuant to this section
shall not remain in effect more than one year unless the board
complies with rulemaking provisions of the Administrative Procedure
Act, as required by subdivision (e) of Section 11346.1 of the
Government Code.
70010. (a) The California Memorial Scholarship Program is hereby
established. The program shall be administered by the Scholarshare
Investment Board established pursuant to Section 69984. The program
shall be funded by the California Memorial Scholarship Fund
established pursuant to Section 5066 of the Vehicle Code.
(b) 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. These scholarships shall be used to defray the costs incurred
by participants in the program at institutions of higher education.
The Legislature finds and declares that the scholarships provided by
this act are funded by voluntary donations provided by California
vehicle owners.
70010.1. As used in this article:
(a) "Board" means the Scholarshare Investment Board established
pursuant to Section 69984.
(b) "California resident" means a person who would not be required
to pay nonresident tuition under Chapter 1 (commencing with Section
68000) of Part 41.
(c) "Dependent" means a person identified by the California Victim
Compensation and Government Claims Board because of his or her
relationship to a California resident killed as a result of injuries
sustained during the terrorist attacks of September 11, 2001.
(d) "Fund" means the California Memorial Scholarship Fund
established pursuant to Section 5066 of the Vehicle Code.
(e) "Institution of higher education" has the same meaning as
"eligible educational institution," as defined in paragraph (5) of
subsection (e) of Section 529 of the Internal Revenue Code of 1986,
as amended by Section 211 of the Taxpayer Relief Act of 1997 (Public
Law 105-34).
(f) "Participant" means a surviving dependent of a California
resident killed as a result of injuries sustained during the
terrorist attacks of September 11, 2001, who has executed, or on
whose behalf has been executed, an agreement pursuant to Section
70011.
(g) "Program" means the California Memorial Scholarship Program
established pursuant to Section 70010.
(h) "Scholarship" means a participant's account as established by
the board with moneys deposited in the fund.
70010.5. (a) The California Victim Compensation and Government
Claims Board shall identify all persons who are eligible for
scholarships under 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. This notification
shall be in writing, and shall be received by all of the appropriate
persons no later than July 1, 2003.
(b) Eligible persons, or in the case of minors, the parents or
guardians of these persons, shall inform the 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, 2005.
70010.7. (a) (1) The Department of Motor Vehicles shall deposit the
proceeds of the sale of California memorial license plates into the
fund in accordance with paragraph (2) of subdivision (c) of Section
5066 of the Vehicle Code. When an agreement is executed pursuant to
Section 70011, the board shall establish an account within the fund
for the benefit of a person eligible for the program.
(2) Distributions from the fund shall commence on July 1, 2005.
After July 1, 2005, the total amount of moneys in the fund shall, at
all times, be evenly divided among the accounts that are in existence
at that time until the board has transferred five thousand dollars
($5,000) from the fund into each account. When five thousand dollars
($5,000) has been transferred by the board into each account, all
revenues remaining in the fund shall be deposited into the
Antiterrorism Fund created by paragraph (1) of subdivision (c) of
Section 5066 of the Vehicle Code and distributed as provided in that
paragraph.
(b) Moneys in the fund, including moneys in the accounts, may be
invested and reinvested by the board, or may be invested in whole or
in part under contract with private money managers, as determined by
the board. The interest earned shall accrue to the accounts.
(c) The board shall establish within the fund an administrative
account, the amount deposited in which may not exceed 5 percent of
the total amount of moneys in the fund. Funds in the administrative
account may be used, upon appropriation in the annual Budget Act or
in another statute, for the administrative costs of the board in
administering the program.
(d) No moneys from the fund may be encumbered, and no distribution
may be made from any account in the fund, unless and until an
appropriation authorizing that encumbrance or distribution is made in
the annual Budget Act or in another statute.
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, 2015, 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.
70011.3. Nothing in this article shall be construed to authorize or
require the admission of a participant into a specific institution
of higher education or degree program.
70011.5. Notwithstanding any other provisions of state law, any
funds awarded pursuant to this article shall augment and not supplant
student financial aid from other state sources. All calculations for
eligibility for student financial aid from other state sources shall
be made without consideration of any funds awarded pursuant to this
article.
70011.7. Within the annual report required pursuant to Section
69989, the board shall also include information on the operation of
the program. This information shall include, but need not be limited
to, data on the number of agreements executed during the year, the
date on which each agreement is executed, the age of each
participant, the amount and number of distributions made from
accounts within the fund, and the rate of return on the funds
invested under this article.
70011.9. (a) The board may adopt regulations for the purposes of
this article as emergency regulations in accordance with the
rulemaking provisions of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code). For the purposes of the Administrative
Procedure Act, including Section 11349.6 of the Government Code, the
adoption of the regulations shall be deemed to be an emergency and
necessary for the immediate preservation of the public peace, health,
and safety, or general welfare, notwithstanding subdivision (e) of
Section 11346.1 of the Government Code.
(b) Notwithstanding subdivision (e) of Section 11346.1 of the
Government Code, any regulation adopted pursuant to this section
shall not remain in effect more than one year unless the board
complies with rulemaking provisions of the Administrative Procedure
Act, as required by subdivision (e) of Section 11346.1 of the
Government Code.
