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| 1 | + | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1344Introduced by Assembly Member Santiago(Coauthors: Assembly Members Jackson, Lackey, Blanca Rubio, and Schiavo)February 16, 2023 An act to add Section 17209 to the Family Code, and to add Section 10613.5 to, to add Chapter 16.2 (commencing with Section 18997.6) to Part 6 of Division 9 of, and to add and repeal Section 10613.6 of the Welfare and Institutions Code, relating to children.LEGISLATIVE COUNSEL'S DIGESTAB 1344, as introduced, Santiago. Surviving child benefits.Existing federal law establishes the federal Old-Age, Survivors, and Disability Insurance (OASDI) program to provide monthly benefits to qualified retired and disabled workers and their spouses, dependents, and survivors. Existing federal law provides various benefits to veterans, their dependents, and their survivors administered by the United States Department of Veterans Affairs (USDVA).This bill would require the Department of Child Support Services to issue guidance to local child support agencies directing them to, and would require local child support agencies to, inform a custodial parent or guardian of benefits under the federal OASDI program and benefits provided to survivors of veterans by the USDVA when the local child support agency becomes aware that a childs noncustodial parent has died and the local child support agency has information that suggests that the child may be eligible for either of those programs. The bill would similarly require the State Department of Social Services and the State Department of Health Care Services to jointly issue guidance to county human services agencies directing them to, and would require county human services agencies to, inform a parent or guardian of benefits under the federal OASDI program and benefits provided to survivors of veterans by the USDVA when the county becomes aware that a childs parent has died and the county has information that suggests that the child may be eligible for either of those programs. By imposing new duties on local agencies, the bill would impose a state-mandated local program.The bill would require the State Department of Social Services to submit a report to the Legislature that includes information on the requirements and cost to establish a state-funded program to provide cash assistance to a child with a deceased parent who is not eligible for survivor benefits under the federal OASDI program and how many children in California would be eligible for that state-funded program.This bill would, subject to an appropriation by the Legislature or a provision of federal or private funds for these purposes, require the State Department of Social Services to establish and oversee the California Survivor Benefit (CalSurvivor) Program, a county- or county consortia-administered program to provide cash assistance for a minor who is a California resident with a deceased parent, who was also a California resident upon their death, when the minor is not eligible for federal OASDI survivor benefits, as specified. The bill would require the department to require counties with an unspecified number of residents to establish an advocacy program to assist specified applicants and recipients of CalSurvivor benefits in the application process for federal OASDI survivor benefits if they do not meet certain verification requirements of the program. The bill would require the department to report to the Legislature, by July 1, 2026, on the outcomes of the CalSurvivor Program and the advocacy programs. The bill would authorize the department to implement these provisions though all-county letters or similar instructions or emergency regulations. By requiring counties to administer the CalSurvivor Program, this bill would impose a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 17209 is added to the Family Code, to read:17209. The department shall issue guidance to local child support agencies directing them to, and local child support agencies shall, inform a custodial parent or guardian of benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program (42 U.S.C. 402) and benefits provided to survivors of veterans by the United States Department of Veterans Affairs (38 U.S.C. Sec. 101 et seq.) when the local child support agency becomes aware that a childs noncustodial parent has died and the local child support agency has information that suggests that the child may be eligible for either of those benefits.SEC. 2. Section 10613.5 is added to the Welfare and Institutions Code, to read:10613.5. The department and the State Department of Health Care Services shall jointly issue guidance to county human services agencies directing them to, and county human services agencies shall, inform a parent or guardian of benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program (42 U.S.C. 402) and benefits provided to survivors of veterans by the United States Department of Veterans Affairs (38 U.S.C. Sec. 101 et seq.) when the county becomes aware that a childs parent has died and the county has information that suggests that the child may be eligible for either of those benefits.SEC. 3. Section 10613.6 is added to the Welfare and Institutions Code, to read:10613.6. (a) The department shall submit a report to the Legislature that includes both of the following: (1) The requirements and cost to establish a state-funded program to provide cash assistance to a child with a deceased parent who is not eligible for survivor benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program (42 U.S.C. 402).(2) An estimate of how many children in California would be eligible for the state-funded program described in paragraph (1).(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on December 31, 2027. SEC. 4. Chapter 16.2 (commencing with Section 18997.6) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read: CHAPTER 16.2. California Survivor Benefit (CalSurvivor) Program18997.6. The State Department of Social Services shall establish and oversee the California Survivor Benefit (CalSurvivor) Program, a county- or county consortia-administered program to provide cash assistance for a minor who is a California resident with a deceased parent, who was also a California resident upon their death, when the minor is not eligible for survivor benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program pursuant to Section 402 of Title 42 of the United States Code. The department shall conduct the eligibility determination for the program.18997.61. (a) (1) Subject to paragraphs (2) and (3), upon application, a minor shall be eligible for the program established pursuant to this chapter if their status as a surviving child of a deceased parent would make them eligible for federal OASDI survivor benefits, but the minor is determined to not be eligible.(2) The minor child of the deceased Californian is eligible if they meet any of the following:(A) They are under 18 years of age and unmarried.(B) They are under 19 years of age and unmarried, but in elementary or secondary school as a full-time student.(C) They are 18 years of age or older and have a severe disability that originated before they attained 22 years of age.(3) The applicant shall provide all of the following documentation to the department:(A) Death certificate of the deceased parent.(B) Birth certificate of the applicant.(C) Proof that both the parent and the child were residents of California on the date of the death of the parent.(D) Proof that an applicant is not eligible for federal OASDI survivor benefits.(b) The department shall periodically redetermine the eligibility of each individual.(c) (1) The department shall require counties with ___ or more residents to establish an advocacy program to assist applicants and recipients of aid under this chapter in the application process for federal OASDI survivor benefits if the applicant is denied for not having the verification required pursuant to subparagraph (D) of paragraph (3) of subdivision (a), unless the applicant affirmatively states that they do not want the assistance in writing.(2) The department shall provide assistance to counties in their efforts to implement the advocacy program described in paragraph (1) and the CalSurvivor Program established pursuant to this chapter.(3) The department shall reimburse fees incurred by attorneys or other authorized representatives during the appeals phase of the federal OASDI survivor benefits application process, but only when the county demonstrates that the legal representative successfully secures approval of federal OASDI survivor benefits. The legal fees for each case shall not exceed twice the difference between the maximum monthly individual payment provided under this chapter and the maximum monthly federal OASDI survivor benefits payment.(4) The department shall report to the Legislature, by July 1, 2026, on the outcomes of the CalSurvivor Program and the advocacy programs described in paragraph (1), including the number of cases that were approved for benefits in each program, disaggregated by county.(5) Counties are obligated to operate the advocacy program only to the extent that state funds have been provided to counties for this purpose.18997.62. (a) Benefits provided under this chapter shall be equivalent to the federal OASDI survivor benefits.(b) Except as otherwise provided in this chapter, the federal and state laws and regulations governing the federal OASDI survivor benefits program shall also govern the program provided for under this chapter.(c) (1) Nothing in this chapter shall prevent the CalSurvivor Program benefits issued pursuant to this chapter from being a tax credit if established under the Revenue and Taxation Code.(2) If the CalSurvivor Program benefits issued pursuant to this chapter are deemed to be a tax credit, the Director of Social Services shall certify to the Legislature that they have received and complied with any additional required authority from the Franchise Tax Board.18997.63. The department shall reimburse counties for the cost of actual payments made pursuant to this chapter and for the administrative costs actually attributable to those payments.18997.64. (a) The department and the State Department of Health Care Services shall jointly issue guidance to county human services agencies directing them to inform a parent or guardian of the CalSurvivor Program when the county becomes aware that a childs parent has died.(b) The Department of Child Support Services shall issue guidance to local child support agencies directing them to inform a custodial parent or guardian of the CalSurvivor Program when the department becomes aware that a childs noncustodial parent has died.18997.65. (a) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), through June 30, 2026, the department may implement this chapter through all-county letters or similar instructions.(b) The department shall adopt regulations, as otherwise necessary, to implement the applicable provisions of this chapter no later than July 1, 2026.(c) Emergency regulations to implement the applicable provisions of this chapter may be adopted by the director in accordance with the Administrative Procedure Act. The adoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days.18997.66. (a) This chapter shall become operative on July 1, 2024.(b) Implementation of this chapter shall be subject to an appropriation by the Legislature for these purposes or a provision of federal funds or private funds for these purposes.(c) This chapter shall be implemented only during any period that federal benefits are provided under Section 402(d) of Title 42 of the United States Code.SEC. 5. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1344Introduced by Assembly Member Santiago(Coauthors: Assembly Members Jackson, Lackey, Blanca Rubio, and Schiavo)February 16, 2023 An act to add Section 17209 to the Family Code, and to add Section 10613.5 to, to add Chapter 16.2 (commencing with Section 18997.6) to Part 6 of Division 9 of, and to add and repeal Section 10613.6 of the Welfare and Institutions Code, relating to children.LEGISLATIVE COUNSEL'S DIGESTAB 1344, as introduced, Santiago. Surviving child benefits.Existing federal law establishes the federal Old-Age, Survivors, and Disability Insurance (OASDI) program to provide monthly benefits to qualified retired and disabled workers and their spouses, dependents, and survivors. Existing federal law provides various benefits to veterans, their dependents, and their survivors administered by the United States Department of Veterans Affairs (USDVA).This bill would require the Department of Child Support Services to issue guidance to local child support agencies directing them to, and would require local child support agencies to, inform a custodial parent or guardian of benefits under the federal OASDI program and benefits provided to survivors of veterans by the USDVA when the local child support agency becomes aware that a childs noncustodial parent has died and the local child support agency has information that suggests that the child may be eligible for either of those programs. The bill would similarly require the State Department of Social Services and the State Department of Health Care Services to jointly issue guidance to county human services agencies directing them to, and would require county human services agencies to, inform a parent or guardian of benefits under the federal OASDI program and benefits provided to survivors of veterans by the USDVA when the county becomes aware that a childs parent has died and the county has information that suggests that the child may be eligible for either of those programs. By imposing new duties on local agencies, the bill would impose a state-mandated local program.The bill would require the State Department of Social Services to submit a report to the Legislature that includes information on the requirements and cost to establish a state-funded program to provide cash assistance to a child with a deceased parent who is not eligible for survivor benefits under the federal OASDI program and how many children in California would be eligible for that state-funded program.This bill would, subject to an appropriation by the Legislature or a provision of federal or private funds for these purposes, require the State Department of Social Services to establish and oversee the California Survivor Benefit (CalSurvivor) Program, a county- or county consortia-administered program to provide cash assistance for a minor who is a California resident with a deceased parent, who was also a California resident upon their death, when the minor is not eligible for federal OASDI survivor benefits, as specified. The bill would require the department to require counties with an unspecified number of residents to establish an advocacy program to assist specified applicants and recipients of CalSurvivor benefits in the application process for federal OASDI survivor benefits if they do not meet certain verification requirements of the program. The bill would require the department to report to the Legislature, by July 1, 2026, on the outcomes of the CalSurvivor Program and the advocacy programs. The bill would authorize the department to implement these provisions though all-county letters or similar instructions or emergency regulations. By requiring counties to administer the CalSurvivor Program, this bill would impose a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly March 30, 2023 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly March 30, 2023 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 1344 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member Santiago(Coauthors: Assembly Members Jackson, Lackey, Blanca Rubio, and Schiavo)February 16, 2023 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Santiago(Coauthors: Assembly Members Jackson, Lackey, Blanca Rubio, and Schiavo) | |
| 18 | 18 | February 16, 2023 | |
| 19 | 19 | ||
| 20 | 20 | An act to add Section 17209 to the Family Code, and to add Section 10613.5 to, to add Chapter 16.2 (commencing with Section 18997.6) to Part 6 of Division 9 of, and to add and repeal Section 10613.6 of the Welfare and Institutions Code, relating to children. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 1344, as | |
| 26 | + | AB 1344, as introduced, Santiago. Surviving child benefits. | |
| 27 | 27 | ||
| 28 | - | Existing federal law establishes the federal Old-Age, Survivors, and Disability Insurance (OASDI) program to provide monthly benefits to qualified retired and disabled workers and their spouses, dependents, and survivors. Existing federal law provides various benefits to veterans, their dependents, and their survivors administered by the United States Department of Veterans Affairs (USDVA).This bill would require the Department of Child Support Services to issue guidance to local child support agencies directing them to, and would require local child support agencies to, inform a custodial parent or guardian of benefits under the federal OASDI program and benefits provided to survivors of veterans by the USDVA when the local child support agency becomes aware that a childs noncustodial parent has died and the local child support agency has information that suggests that the child may be eligible for either of those programs. The bill would similarly require the State Department of Social Services and the State Department of Health Care Services to jointly issue guidance to county human services agencies directing them to, and would require county human services agencies to, inform a parent or guardian of benefits under the federal OASDI program and benefits provided to survivors of veterans by the USDVA when the county becomes aware that a childs parent has died and the county has information that suggests that the child may be eligible for either of those programs. By imposing new duties on local agencies, the bill would impose a state-mandated local program.The bill would require the State Department of Social Services to submit a report to the Legislature that includes information on the requirements and cost to establish a state-funded program to provide cash assistance to a child with a deceased parent who is not eligible for survivor benefits under the federal OASDI program and how many children in California would be eligible for that state-funded program.This bill would, subject to an appropriation by the Legislature or a provision of federal or private funds for these purposes, require the State Department of Social Services to establish and oversee the California Survivor Benefit (CalSurvivor) Program, a county- or county consortia-administered program to provide cash assistance for a minor who is a California resident with a deceased parent, who was also a California resident upon their death, when the minor is not eligible for federal OASDI survivor benefits, as specified. The bill would require the department to require counties with an unspecified number of residents | |
| 28 | + | Existing federal law establishes the federal Old-Age, Survivors, and Disability Insurance (OASDI) program to provide monthly benefits to qualified retired and disabled workers and their spouses, dependents, and survivors. Existing federal law provides various benefits to veterans, their dependents, and their survivors administered by the United States Department of Veterans Affairs (USDVA).This bill would require the Department of Child Support Services to issue guidance to local child support agencies directing them to, and would require local child support agencies to, inform a custodial parent or guardian of benefits under the federal OASDI program and benefits provided to survivors of veterans by the USDVA when the local child support agency becomes aware that a childs noncustodial parent has died and the local child support agency has information that suggests that the child may be eligible for either of those programs. The bill would similarly require the State Department of Social Services and the State Department of Health Care Services to jointly issue guidance to county human services agencies directing them to, and would require county human services agencies to, inform a parent or guardian of benefits under the federal OASDI program and benefits provided to survivors of veterans by the USDVA when the county becomes aware that a childs parent has died and the county has information that suggests that the child may be eligible for either of those programs. By imposing new duties on local agencies, the bill would impose a state-mandated local program.The bill would require the State Department of Social Services to submit a report to the Legislature that includes information on the requirements and cost to establish a state-funded program to provide cash assistance to a child with a deceased parent who is not eligible for survivor benefits under the federal OASDI program and how many children in California would be eligible for that state-funded program.This bill would, subject to an appropriation by the Legislature or a provision of federal or private funds for these purposes, require the State Department of Social Services to establish and oversee the California Survivor Benefit (CalSurvivor) Program, a county- or county consortia-administered program to provide cash assistance for a minor who is a California resident with a deceased parent, who was also a California resident upon their death, when the minor is not eligible for federal OASDI survivor benefits, as specified. The bill would require the department to require counties with an unspecified number of residents to establish an advocacy program to assist specified applicants and recipients of CalSurvivor benefits in the application process for federal OASDI survivor benefits if they do not meet certain verification requirements of the program. The bill would require the department to report to the Legislature, by July 1, 2026, on the outcomes of the CalSurvivor Program and the advocacy programs. The bill would authorize the department to implement these provisions though all-county letters or similar instructions or emergency regulations. By requiring counties to administer the CalSurvivor Program, this bill would impose a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 29 | 29 | ||
| 30 | 30 | Existing federal law establishes the federal Old-Age, Survivors, and Disability Insurance (OASDI) program to provide monthly benefits to qualified retired and disabled workers and their spouses, dependents, and survivors. Existing federal law provides various benefits to veterans, their dependents, and their survivors administered by the United States Department of Veterans Affairs (USDVA). | |
| 31 | 31 | ||
| 32 | 32 | This bill would require the Department of Child Support Services to issue guidance to local child support agencies directing them to, and would require local child support agencies to, inform a custodial parent or guardian of benefits under the federal OASDI program and benefits provided to survivors of veterans by the USDVA when the local child support agency becomes aware that a childs noncustodial parent has died and the local child support agency has information that suggests that the child may be eligible for either of those programs. The bill would similarly require the State Department of Social Services and the State Department of Health Care Services to jointly issue guidance to county human services agencies directing them to, and would require county human services agencies to, inform a parent or guardian of benefits under the federal OASDI program and benefits provided to survivors of veterans by the USDVA when the county becomes aware that a childs parent has died and the county has information that suggests that the child may be eligible for either of those programs. By imposing new duties on local agencies, the bill would impose a state-mandated local program. | |
| 33 | 33 | ||
| 34 | 34 | The bill would require the State Department of Social Services to submit a report to the Legislature that includes information on the requirements and cost to establish a state-funded program to provide cash assistance to a child with a deceased parent who is not eligible for survivor benefits under the federal OASDI program and how many children in California would be eligible for that state-funded program. | |
| 35 | 35 | ||
| 36 | - | This bill would, subject to an appropriation by the Legislature or a provision of federal or private funds for these purposes, require the State Department of Social Services to establish and oversee the California Survivor Benefit (CalSurvivor) Program, a county- or county consortia-administered program to provide cash assistance for a minor who is a California resident with a deceased parent, who was also a California resident upon their death, when the minor is not eligible for federal OASDI survivor benefits, as specified. The bill would require the department to require counties with an unspecified number of residents | |
| 36 | + | This bill would, subject to an appropriation by the Legislature or a provision of federal or private funds for these purposes, require the State Department of Social Services to establish and oversee the California Survivor Benefit (CalSurvivor) Program, a county- or county consortia-administered program to provide cash assistance for a minor who is a California resident with a deceased parent, who was also a California resident upon their death, when the minor is not eligible for federal OASDI survivor benefits, as specified. The bill would require the department to require counties with an unspecified number of residents to establish an advocacy program to assist specified applicants and recipients of CalSurvivor benefits in the application process for federal OASDI survivor benefits if they do not meet certain verification requirements of the program. The bill would require the department to report to the Legislature, by July 1, 2026, on the outcomes of the CalSurvivor Program and the advocacy programs. The bill would authorize the department to implement these provisions though all-county letters or similar instructions or emergency regulations. By requiring counties to administer the CalSurvivor Program, this bill would impose a state-mandated local program. | |
| 37 | 37 | ||
| 38 | 38 | 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. | |
| 39 | 39 | ||
| 40 | 40 | This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 41 | 41 | ||
| 42 | 42 | ## Digest Key | |
| 43 | 43 | ||
| 44 | 44 | ## Bill Text | |
| 45 | 45 | ||
| 46 | - | The people of the State of California do enact as follows:SECTION 1. Section 17209 is added to the Family Code, to read:17209. The department shall issue guidance to local child support agencies directing them to, and local child support agencies shall, inform a custodial parent or guardian of benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program (42 U.S.C. 402) and benefits provided to survivors of veterans by the United States Department of Veterans Affairs (38 U.S.C. Sec. 101 et seq.) when the local child support agency becomes aware that a childs noncustodial parent has died and the local child support agency has information that suggests that the child may be eligible for either of those benefits.SEC. 2. Section 10613.5 is added to the Welfare and Institutions Code, to read:10613.5. The department and the State Department of Health Care Services shall jointly issue guidance to county human services agencies directing them to, and county human services agencies shall, inform a parent or guardian of benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program (42 U.S.C. 402) and benefits provided to survivors of veterans by the United States Department of Veterans Affairs (38 U.S.C. Sec. 101 et seq.) when the county becomes aware that a childs parent has died and the county has information that suggests that the child may be eligible for either of those benefits.SEC. 3. Section 10613.6 is added to the Welfare and Institutions Code, to read:10613.6. (a) The department shall submit a report to the Legislature | |
| 46 | + | The people of the State of California do enact as follows:SECTION 1. Section 17209 is added to the Family Code, to read:17209. The department shall issue guidance to local child support agencies directing them to, and local child support agencies shall, inform a custodial parent or guardian of benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program (42 U.S.C. 402) and benefits provided to survivors of veterans by the United States Department of Veterans Affairs (38 U.S.C. Sec. 101 et seq.) when the local child support agency becomes aware that a childs noncustodial parent has died and the local child support agency has information that suggests that the child may be eligible for either of those benefits.SEC. 2. Section 10613.5 is added to the Welfare and Institutions Code, to read:10613.5. The department and the State Department of Health Care Services shall jointly issue guidance to county human services agencies directing them to, and county human services agencies shall, inform a parent or guardian of benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program (42 U.S.C. 402) and benefits provided to survivors of veterans by the United States Department of Veterans Affairs (38 U.S.C. Sec. 101 et seq.) when the county becomes aware that a childs parent has died and the county has information that suggests that the child may be eligible for either of those benefits.SEC. 3. Section 10613.6 is added to the Welfare and Institutions Code, to read:10613.6. (a) The department shall submit a report to the Legislature that includes both of the following: (1) The requirements and cost to establish a state-funded program to provide cash assistance to a child with a deceased parent who is not eligible for survivor benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program (42 U.S.C. 402).(2) An estimate of how many children in California would be eligible for the state-funded program described in paragraph (1).(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on December 31, 2027. SEC. 4. Chapter 16.2 (commencing with Section 18997.6) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read: CHAPTER 16.2. California Survivor Benefit (CalSurvivor) Program18997.6. The State Department of Social Services shall establish and oversee the California Survivor Benefit (CalSurvivor) Program, a county- or county consortia-administered program to provide cash assistance for a minor who is a California resident with a deceased parent, who was also a California resident upon their death, when the minor is not eligible for survivor benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program pursuant to Section 402 of Title 42 of the United States Code. The department shall conduct the eligibility determination for the program.18997.61. (a) (1) Subject to paragraphs (2) and (3), upon application, a minor shall be eligible for the program established pursuant to this chapter if their status as a surviving child of a deceased parent would make them eligible for federal OASDI survivor benefits, but the minor is determined to not be eligible.(2) The minor child of the deceased Californian is eligible if they meet any of the following:(A) They are under 18 years of age and unmarried.(B) They are under 19 years of age and unmarried, but in elementary or secondary school as a full-time student.(C) They are 18 years of age or older and have a severe disability that originated before they attained 22 years of age.(3) The applicant shall provide all of the following documentation to the department:(A) Death certificate of the deceased parent.(B) Birth certificate of the applicant.(C) Proof that both the parent and the child were residents of California on the date of the death of the parent.(D) Proof that an applicant is not eligible for federal OASDI survivor benefits.(b) The department shall periodically redetermine the eligibility of each individual.(c) (1) The department shall require counties with ___ or more residents to establish an advocacy program to assist applicants and recipients of aid under this chapter in the application process for federal OASDI survivor benefits if the applicant is denied for not having the verification required pursuant to subparagraph (D) of paragraph (3) of subdivision (a), unless the applicant affirmatively states that they do not want the assistance in writing.(2) The department shall provide assistance to counties in their efforts to implement the advocacy program described in paragraph (1) and the CalSurvivor Program established pursuant to this chapter.(3) The department shall reimburse fees incurred by attorneys or other authorized representatives during the appeals phase of the federal OASDI survivor benefits application process, but only when the county demonstrates that the legal representative successfully secures approval of federal OASDI survivor benefits. The legal fees for each case shall not exceed twice the difference between the maximum monthly individual payment provided under this chapter and the maximum monthly federal OASDI survivor benefits payment.(4) The department shall report to the Legislature, by July 1, 2026, on the outcomes of the CalSurvivor Program and the advocacy programs described in paragraph (1), including the number of cases that were approved for benefits in each program, disaggregated by county.(5) Counties are obligated to operate the advocacy program only to the extent that state funds have been provided to counties for this purpose.18997.62. (a) Benefits provided under this chapter shall be equivalent to the federal OASDI survivor benefits.(b) Except as otherwise provided in this chapter, the federal and state laws and regulations governing the federal OASDI survivor benefits program shall also govern the program provided for under this chapter.(c) (1) Nothing in this chapter shall prevent the CalSurvivor Program benefits issued pursuant to this chapter from being a tax credit if established under the Revenue and Taxation Code.(2) If the CalSurvivor Program benefits issued pursuant to this chapter are deemed to be a tax credit, the Director of Social Services shall certify to the Legislature that they have received and complied with any additional required authority from the Franchise Tax Board.18997.63. The department shall reimburse counties for the cost of actual payments made pursuant to this chapter and for the administrative costs actually attributable to those payments.18997.64. (a) The department and the State Department of Health Care Services shall jointly issue guidance to county human services agencies directing them to inform a parent or guardian of the CalSurvivor Program when the county becomes aware that a childs parent has died.(b) The Department of Child Support Services shall issue guidance to local child support agencies directing them to inform a custodial parent or guardian of the CalSurvivor Program when the department becomes aware that a childs noncustodial parent has died.18997.65. (a) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), through June 30, 2026, the department may implement this chapter through all-county letters or similar instructions.(b) The department shall adopt regulations, as otherwise necessary, to implement the applicable provisions of this chapter no later than July 1, 2026.(c) Emergency regulations to implement the applicable provisions of this chapter may be adopted by the director in accordance with the Administrative Procedure Act. The adoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days.18997.66. (a) This chapter shall become operative on July 1, 2024.(b) Implementation of this chapter shall be subject to an appropriation by the Legislature for these purposes or a provision of federal funds or private funds for these purposes.(c) This chapter shall be implemented only during any period that federal benefits are provided under Section 402(d) of Title 42 of the United States Code.SEC. 5. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 47 | 47 | ||
| 48 | 48 | The people of the State of California do enact as follows: | |
| 49 | 49 | ||
| 50 | 50 | ## The people of the State of California do enact as follows: | |
| 51 | 51 | ||
| 52 | 52 | SECTION 1. Section 17209 is added to the Family Code, to read:17209. The department shall issue guidance to local child support agencies directing them to, and local child support agencies shall, inform a custodial parent or guardian of benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program (42 U.S.C. 402) and benefits provided to survivors of veterans by the United States Department of Veterans Affairs (38 U.S.C. Sec. 101 et seq.) when the local child support agency becomes aware that a childs noncustodial parent has died and the local child support agency has information that suggests that the child may be eligible for either of those benefits. | |
| 53 | 53 | ||
| 54 | 54 | SECTION 1. Section 17209 is added to the Family Code, to read: | |
| 55 | 55 | ||
| 56 | 56 | ### SECTION 1. | |
| 57 | 57 | ||
| 58 | 58 | 17209. The department shall issue guidance to local child support agencies directing them to, and local child support agencies shall, inform a custodial parent or guardian of benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program (42 U.S.C. 402) and benefits provided to survivors of veterans by the United States Department of Veterans Affairs (38 U.S.C. Sec. 101 et seq.) when the local child support agency becomes aware that a childs noncustodial parent has died and the local child support agency has information that suggests that the child may be eligible for either of those benefits. | |
| 59 | 59 | ||
| 60 | 60 | 17209. The department shall issue guidance to local child support agencies directing them to, and local child support agencies shall, inform a custodial parent or guardian of benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program (42 U.S.C. 402) and benefits provided to survivors of veterans by the United States Department of Veterans Affairs (38 U.S.C. Sec. 101 et seq.) when the local child support agency becomes aware that a childs noncustodial parent has died and the local child support agency has information that suggests that the child may be eligible for either of those benefits. | |
| 61 | 61 | ||
| 62 | 62 | 17209. The department shall issue guidance to local child support agencies directing them to, and local child support agencies shall, inform a custodial parent or guardian of benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program (42 U.S.C. 402) and benefits provided to survivors of veterans by the United States Department of Veterans Affairs (38 U.S.C. Sec. 101 et seq.) when the local child support agency becomes aware that a childs noncustodial parent has died and the local child support agency has information that suggests that the child may be eligible for either of those benefits. | |
| 63 | 63 | ||
| 64 | 64 | ||
| 65 | 65 | ||
| 66 | 66 | 17209. The department shall issue guidance to local child support agencies directing them to, and local child support agencies shall, inform a custodial parent or guardian of benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program (42 U.S.C. 402) and benefits provided to survivors of veterans by the United States Department of Veterans Affairs (38 U.S.C. Sec. 101 et seq.) when the local child support agency becomes aware that a childs noncustodial parent has died and the local child support agency has information that suggests that the child may be eligible for either of those benefits. | |
| 67 | 67 | ||
| 68 | 68 | SEC. 2. Section 10613.5 is added to the Welfare and Institutions Code, to read:10613.5. The department and the State Department of Health Care Services shall jointly issue guidance to county human services agencies directing them to, and county human services agencies shall, inform a parent or guardian of benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program (42 U.S.C. 402) and benefits provided to survivors of veterans by the United States Department of Veterans Affairs (38 U.S.C. Sec. 101 et seq.) when the county becomes aware that a childs parent has died and the county has information that suggests that the child may be eligible for either of those benefits. | |
| 69 | 69 | ||
| 70 | 70 | SEC. 2. Section 10613.5 is added to the Welfare and Institutions Code, to read: | |
| 71 | 71 | ||
| 72 | 72 | ### SEC. 2. | |
| 73 | 73 | ||
| 74 | 74 | 10613.5. The department and the State Department of Health Care Services shall jointly issue guidance to county human services agencies directing them to, and county human services agencies shall, inform a parent or guardian of benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program (42 U.S.C. 402) and benefits provided to survivors of veterans by the United States Department of Veterans Affairs (38 U.S.C. Sec. 101 et seq.) when the county becomes aware that a childs parent has died and the county has information that suggests that the child may be eligible for either of those benefits. | |
| 75 | 75 | ||
| 76 | 76 | 10613.5. The department and the State Department of Health Care Services shall jointly issue guidance to county human services agencies directing them to, and county human services agencies shall, inform a parent or guardian of benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program (42 U.S.C. 402) and benefits provided to survivors of veterans by the United States Department of Veterans Affairs (38 U.S.C. Sec. 101 et seq.) when the county becomes aware that a childs parent has died and the county has information that suggests that the child may be eligible for either of those benefits. | |
| 77 | 77 | ||
| 78 | 78 | 10613.5. The department and the State Department of Health Care Services shall jointly issue guidance to county human services agencies directing them to, and county human services agencies shall, inform a parent or guardian of benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program (42 U.S.C. 402) and benefits provided to survivors of veterans by the United States Department of Veterans Affairs (38 U.S.C. Sec. 101 et seq.) when the county becomes aware that a childs parent has died and the county has information that suggests that the child may be eligible for either of those benefits. | |
| 79 | 79 | ||
| 80 | 80 | ||
| 81 | 81 | ||
| 82 | 82 | 10613.5. The department and the State Department of Health Care Services shall jointly issue guidance to county human services agencies directing them to, and county human services agencies shall, inform a parent or guardian of benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program (42 U.S.C. 402) and benefits provided to survivors of veterans by the United States Department of Veterans Affairs (38 U.S.C. Sec. 101 et seq.) when the county becomes aware that a childs parent has died and the county has information that suggests that the child may be eligible for either of those benefits. | |
| 83 | 83 | ||
| 84 | - | SEC. 3. Section 10613.6 is added to the Welfare and Institutions Code, to read:10613.6. (a) The department shall submit a report to the Legislature | |
| 84 | + | SEC. 3. Section 10613.6 is added to the Welfare and Institutions Code, to read:10613.6. (a) The department shall submit a report to the Legislature that includes both of the following: (1) The requirements and cost to establish a state-funded program to provide cash assistance to a child with a deceased parent who is not eligible for survivor benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program (42 U.S.C. 402).(2) An estimate of how many children in California would be eligible for the state-funded program described in paragraph (1).(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on December 31, 2027. | |
| 85 | 85 | ||
| 86 | 86 | SEC. 3. Section 10613.6 is added to the Welfare and Institutions Code, to read: | |
| 87 | 87 | ||
| 88 | 88 | ### SEC. 3. | |
| 89 | 89 | ||
| 90 | - | 10613.6. (a) The department shall submit a report to the Legislature | |
| 90 | + | 10613.6. (a) The department shall submit a report to the Legislature that includes both of the following: (1) The requirements and cost to establish a state-funded program to provide cash assistance to a child with a deceased parent who is not eligible for survivor benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program (42 U.S.C. 402).(2) An estimate of how many children in California would be eligible for the state-funded program described in paragraph (1).(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on December 31, 2027. | |
| 91 | 91 | ||
| 92 | - | 10613.6. (a) The department shall submit a report to the Legislature | |
| 92 | + | 10613.6. (a) The department shall submit a report to the Legislature that includes both of the following: (1) The requirements and cost to establish a state-funded program to provide cash assistance to a child with a deceased parent who is not eligible for survivor benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program (42 U.S.C. 402).(2) An estimate of how many children in California would be eligible for the state-funded program described in paragraph (1).(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on December 31, 2027. | |
| 93 | 93 | ||
| 94 | - | 10613.6. (a) The department shall submit a report to the Legislature | |
| 94 | + | 10613.6. (a) The department shall submit a report to the Legislature that includes both of the following: (1) The requirements and cost to establish a state-funded program to provide cash assistance to a child with a deceased parent who is not eligible for survivor benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program (42 U.S.C. 402).(2) An estimate of how many children in California would be eligible for the state-funded program described in paragraph (1).(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on December 31, 2027. | |
| 95 | 95 | ||
| 96 | 96 | ||
| 97 | 97 | ||
| 98 | - | 10613.6. (a) The department shall submit a report to the Legislature | |
| 98 | + | 10613.6. (a) The department shall submit a report to the Legislature that includes both of the following: | |
| 99 | 99 | ||
| 100 | 100 | (1) The requirements and cost to establish a state-funded program to provide cash assistance to a child with a deceased parent who is not eligible for survivor benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program (42 U.S.C. 402). | |
| 101 | 101 | ||
| 102 | 102 | (2) An estimate of how many children in California would be eligible for the state-funded program described in paragraph (1). | |
| 103 | 103 | ||
| 104 | 104 | (b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. | |
| 105 | 105 | ||
| 106 | - | (c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on December 31, 2027. | |
| 106 | + | (c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on December 31, 2027. | |
| 107 | 107 | ||
| 108 | - | SEC. 4. Chapter 16.2 (commencing with Section 18997.6) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read: CHAPTER 16.2. California Survivor Benefit (CalSurvivor) Program18997.6. The State Department of Social Services shall establish and oversee the California Survivor Benefit (CalSurvivor) Program, a county- or county consortia-administered program to provide cash assistance for a minor who is a California resident with a deceased parent, who was also a California resident upon their death, when the minor is not eligible for survivor benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program pursuant to Section 402 of Title 42 of the United States Code. The department shall conduct the eligibility determination for the program.18997.61. (a) (1) Subject to paragraphs (2) and (3), upon application, a minor shall be eligible for the program established pursuant to this chapter if their status as a surviving child of a deceased parent would make them eligible for federal OASDI survivor benefits, but the minor is determined to not be eligible.(2) The minor child of the deceased Californian is eligible if they meet any of the following:(A) They are under 18 years of age and unmarried.(B) They are under 19 years of age and unmarried, but in elementary or secondary school as a full-time student.(C) They are 18 years of age or older and have a severe disability that originated before they attained 22 years of age.(3) The applicant shall provide all of the following documentation to the department:(A) Death certificate of the deceased parent.(B) Birth certificate of the applicant.(C) Proof that both the parent and the child were residents of California on the date of the death of the parent.(D) Proof that an applicant is not eligible for federal OASDI survivor benefits.(b) The department shall periodically redetermine the eligibility of each individual.(c) (1) The department shall require counties with ___ or more residents to The department | |
| 108 | + | SEC. 4. Chapter 16.2 (commencing with Section 18997.6) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read: CHAPTER 16.2. California Survivor Benefit (CalSurvivor) Program18997.6. The State Department of Social Services shall establish and oversee the California Survivor Benefit (CalSurvivor) Program, a county- or county consortia-administered program to provide cash assistance for a minor who is a California resident with a deceased parent, who was also a California resident upon their death, when the minor is not eligible for survivor benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program pursuant to Section 402 of Title 42 of the United States Code. The department shall conduct the eligibility determination for the program.18997.61. (a) (1) Subject to paragraphs (2) and (3), upon application, a minor shall be eligible for the program established pursuant to this chapter if their status as a surviving child of a deceased parent would make them eligible for federal OASDI survivor benefits, but the minor is determined to not be eligible.(2) The minor child of the deceased Californian is eligible if they meet any of the following:(A) They are under 18 years of age and unmarried.(B) They are under 19 years of age and unmarried, but in elementary or secondary school as a full-time student.(C) They are 18 years of age or older and have a severe disability that originated before they attained 22 years of age.(3) The applicant shall provide all of the following documentation to the department:(A) Death certificate of the deceased parent.(B) Birth certificate of the applicant.(C) Proof that both the parent and the child were residents of California on the date of the death of the parent.(D) Proof that an applicant is not eligible for federal OASDI survivor benefits.(b) The department shall periodically redetermine the eligibility of each individual.(c) (1) The department shall require counties with ___ or more residents to establish an advocacy program to assist applicants and recipients of aid under this chapter in the application process for federal OASDI survivor benefits if the applicant is denied for not having the verification required pursuant to subparagraph (D) of paragraph (3) of subdivision (a), unless the applicant affirmatively states that they do not want the assistance in writing.(2) The department shall provide assistance to counties in their efforts to implement the advocacy program described in paragraph (1) and the CalSurvivor Program established pursuant to this chapter.(3) The department shall reimburse fees incurred by attorneys or other authorized representatives during the appeals phase of the federal OASDI survivor benefits application process, but only when the county demonstrates that the legal representative successfully secures approval of federal OASDI survivor benefits. The legal fees for each case shall not exceed twice the difference between the maximum monthly individual payment provided under this chapter and the maximum monthly federal OASDI survivor benefits payment.(4) The department shall report to the Legislature, by July 1, 2026, on the outcomes of the CalSurvivor Program and the advocacy programs described in paragraph (1), including the number of cases that were approved for benefits in each program, disaggregated by county.(5) Counties are obligated to operate the advocacy program only to the extent that state funds have been provided to counties for this purpose.18997.62. (a) Benefits provided under this chapter shall be equivalent to the federal OASDI survivor benefits.(b) Except as otherwise provided in this chapter, the federal and state laws and regulations governing the federal OASDI survivor benefits program shall also govern the program provided for under this chapter.(c) (1) Nothing in this chapter shall prevent the CalSurvivor Program benefits issued pursuant to this chapter from being a tax credit if established under the Revenue and Taxation Code.(2) If the CalSurvivor Program benefits issued pursuant to this chapter are deemed to be a tax credit, the Director of Social Services shall certify to the Legislature that they have received and complied with any additional required authority from the Franchise Tax Board.18997.63. The department shall reimburse counties for the cost of actual payments made pursuant to this chapter and for the administrative costs actually attributable to those payments.18997.64. (a) The department and the State Department of Health Care Services shall jointly issue guidance to county human services agencies directing them to inform a parent or guardian of the CalSurvivor Program when the county becomes aware that a childs parent has died.(b) The Department of Child Support Services shall issue guidance to local child support agencies directing them to inform a custodial parent or guardian of the CalSurvivor Program when the department becomes aware that a childs noncustodial parent has died.18997.65. (a) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), through June 30, 2026, the department may implement this chapter through all-county letters or similar instructions.(b) The department shall adopt regulations, as otherwise necessary, to implement the applicable provisions of this chapter no later than July 1, 2026.(c) Emergency regulations to implement the applicable provisions of this chapter may be adopted by the director in accordance with the Administrative Procedure Act. The adoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days.18997.66. (a) This chapter shall become operative on July 1, 2024.(b) Implementation of this chapter shall be subject to an appropriation by the Legislature for these purposes or a provision of federal funds or private funds for these purposes.(c) This chapter shall be implemented only during any period that federal benefits are provided under Section 402(d) of Title 42 of the United States Code. | |
| 109 | 109 | ||
| 110 | 110 | SEC. 4. Chapter 16.2 (commencing with Section 18997.6) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read: | |
| 111 | 111 | ||
| 112 | 112 | ### SEC. 4. | |
| 113 | 113 | ||
| 114 | - | CHAPTER 16.2. California Survivor Benefit (CalSurvivor) Program18997.6. The State Department of Social Services shall establish and oversee the California Survivor Benefit (CalSurvivor) Program, a county- or county consortia-administered program to provide cash assistance for a minor who is a California resident with a deceased parent, who was also a California resident upon their death, when the minor is not eligible for survivor benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program pursuant to Section 402 of Title 42 of the United States Code. The department shall conduct the eligibility determination for the program.18997.61. (a) (1) Subject to paragraphs (2) and (3), upon application, a minor shall be eligible for the program established pursuant to this chapter if their status as a surviving child of a deceased parent would make them eligible for federal OASDI survivor benefits, but the minor is determined to not be eligible.(2) The minor child of the deceased Californian is eligible if they meet any of the following:(A) They are under 18 years of age and unmarried.(B) They are under 19 years of age and unmarried, but in elementary or secondary school as a full-time student.(C) They are 18 years of age or older and have a severe disability that originated before they attained 22 years of age.(3) The applicant shall provide all of the following documentation to the department:(A) Death certificate of the deceased parent.(B) Birth certificate of the applicant.(C) Proof that both the parent and the child were residents of California on the date of the death of the parent.(D) Proof that an applicant is not eligible for federal OASDI survivor benefits.(b) The department shall periodically redetermine the eligibility of each individual.(c) (1) The department shall require counties with ___ or more residents to The department | |
| 114 | + | CHAPTER 16.2. California Survivor Benefit (CalSurvivor) Program18997.6. The State Department of Social Services shall establish and oversee the California Survivor Benefit (CalSurvivor) Program, a county- or county consortia-administered program to provide cash assistance for a minor who is a California resident with a deceased parent, who was also a California resident upon their death, when the minor is not eligible for survivor benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program pursuant to Section 402 of Title 42 of the United States Code. The department shall conduct the eligibility determination for the program.18997.61. (a) (1) Subject to paragraphs (2) and (3), upon application, a minor shall be eligible for the program established pursuant to this chapter if their status as a surviving child of a deceased parent would make them eligible for federal OASDI survivor benefits, but the minor is determined to not be eligible.(2) The minor child of the deceased Californian is eligible if they meet any of the following:(A) They are under 18 years of age and unmarried.(B) They are under 19 years of age and unmarried, but in elementary or secondary school as a full-time student.(C) They are 18 years of age or older and have a severe disability that originated before they attained 22 years of age.(3) The applicant shall provide all of the following documentation to the department:(A) Death certificate of the deceased parent.(B) Birth certificate of the applicant.(C) Proof that both the parent and the child were residents of California on the date of the death of the parent.(D) Proof that an applicant is not eligible for federal OASDI survivor benefits.(b) The department shall periodically redetermine the eligibility of each individual.(c) (1) The department shall require counties with ___ or more residents to establish an advocacy program to assist applicants and recipients of aid under this chapter in the application process for federal OASDI survivor benefits if the applicant is denied for not having the verification required pursuant to subparagraph (D) of paragraph (3) of subdivision (a), unless the applicant affirmatively states that they do not want the assistance in writing.(2) The department shall provide assistance to counties in their efforts to implement the advocacy program described in paragraph (1) and the CalSurvivor Program established pursuant to this chapter.(3) The department shall reimburse fees incurred by attorneys or other authorized representatives during the appeals phase of the federal OASDI survivor benefits application process, but only when the county demonstrates that the legal representative successfully secures approval of federal OASDI survivor benefits. The legal fees for each case shall not exceed twice the difference between the maximum monthly individual payment provided under this chapter and the maximum monthly federal OASDI survivor benefits payment.(4) The department shall report to the Legislature, by July 1, 2026, on the outcomes of the CalSurvivor Program and the advocacy programs described in paragraph (1), including the number of cases that were approved for benefits in each program, disaggregated by county.(5) Counties are obligated to operate the advocacy program only to the extent that state funds have been provided to counties for this purpose.18997.62. (a) Benefits provided under this chapter shall be equivalent to the federal OASDI survivor benefits.(b) Except as otherwise provided in this chapter, the federal and state laws and regulations governing the federal OASDI survivor benefits program shall also govern the program provided for under this chapter.(c) (1) Nothing in this chapter shall prevent the CalSurvivor Program benefits issued pursuant to this chapter from being a tax credit if established under the Revenue and Taxation Code.(2) If the CalSurvivor Program benefits issued pursuant to this chapter are deemed to be a tax credit, the Director of Social Services shall certify to the Legislature that they have received and complied with any additional required authority from the Franchise Tax Board.18997.63. The department shall reimburse counties for the cost of actual payments made pursuant to this chapter and for the administrative costs actually attributable to those payments.18997.64. (a) The department and the State Department of Health Care Services shall jointly issue guidance to county human services agencies directing them to inform a parent or guardian of the CalSurvivor Program when the county becomes aware that a childs parent has died.(b) The Department of Child Support Services shall issue guidance to local child support agencies directing them to inform a custodial parent or guardian of the CalSurvivor Program when the department becomes aware that a childs noncustodial parent has died.18997.65. (a) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), through June 30, 2026, the department may implement this chapter through all-county letters or similar instructions.(b) The department shall adopt regulations, as otherwise necessary, to implement the applicable provisions of this chapter no later than July 1, 2026.(c) Emergency regulations to implement the applicable provisions of this chapter may be adopted by the director in accordance with the Administrative Procedure Act. The adoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days.18997.66. (a) This chapter shall become operative on July 1, 2024.(b) Implementation of this chapter shall be subject to an appropriation by the Legislature for these purposes or a provision of federal funds or private funds for these purposes.(c) This chapter shall be implemented only during any period that federal benefits are provided under Section 402(d) of Title 42 of the United States Code. | |
| 115 | 115 | ||
| 116 | - | CHAPTER 16.2. California Survivor Benefit (CalSurvivor) Program18997.6. The State Department of Social Services shall establish and oversee the California Survivor Benefit (CalSurvivor) Program, a county- or county consortia-administered program to provide cash assistance for a minor who is a California resident with a deceased parent, who was also a California resident upon their death, when the minor is not eligible for survivor benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program pursuant to Section 402 of Title 42 of the United States Code. The department shall conduct the eligibility determination for the program.18997.61. (a) (1) Subject to paragraphs (2) and (3), upon application, a minor shall be eligible for the program established pursuant to this chapter if their status as a surviving child of a deceased parent would make them eligible for federal OASDI survivor benefits, but the minor is determined to not be eligible.(2) The minor child of the deceased Californian is eligible if they meet any of the following:(A) They are under 18 years of age and unmarried.(B) They are under 19 years of age and unmarried, but in elementary or secondary school as a full-time student.(C) They are 18 years of age or older and have a severe disability that originated before they attained 22 years of age.(3) The applicant shall provide all of the following documentation to the department:(A) Death certificate of the deceased parent.(B) Birth certificate of the applicant.(C) Proof that both the parent and the child were residents of California on the date of the death of the parent.(D) Proof that an applicant is not eligible for federal OASDI survivor benefits.(b) The department shall periodically redetermine the eligibility of each individual.(c) (1) The department shall require counties with ___ or more residents to The department | |
| 116 | + | CHAPTER 16.2. California Survivor Benefit (CalSurvivor) Program18997.6. The State Department of Social Services shall establish and oversee the California Survivor Benefit (CalSurvivor) Program, a county- or county consortia-administered program to provide cash assistance for a minor who is a California resident with a deceased parent, who was also a California resident upon their death, when the minor is not eligible for survivor benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program pursuant to Section 402 of Title 42 of the United States Code. The department shall conduct the eligibility determination for the program.18997.61. (a) (1) Subject to paragraphs (2) and (3), upon application, a minor shall be eligible for the program established pursuant to this chapter if their status as a surviving child of a deceased parent would make them eligible for federal OASDI survivor benefits, but the minor is determined to not be eligible.(2) The minor child of the deceased Californian is eligible if they meet any of the following:(A) They are under 18 years of age and unmarried.(B) They are under 19 years of age and unmarried, but in elementary or secondary school as a full-time student.(C) They are 18 years of age or older and have a severe disability that originated before they attained 22 years of age.(3) The applicant shall provide all of the following documentation to the department:(A) Death certificate of the deceased parent.(B) Birth certificate of the applicant.(C) Proof that both the parent and the child were residents of California on the date of the death of the parent.(D) Proof that an applicant is not eligible for federal OASDI survivor benefits.(b) The department shall periodically redetermine the eligibility of each individual.(c) (1) The department shall require counties with ___ or more residents to establish an advocacy program to assist applicants and recipients of aid under this chapter in the application process for federal OASDI survivor benefits if the applicant is denied for not having the verification required pursuant to subparagraph (D) of paragraph (3) of subdivision (a), unless the applicant affirmatively states that they do not want the assistance in writing.(2) The department shall provide assistance to counties in their efforts to implement the advocacy program described in paragraph (1) and the CalSurvivor Program established pursuant to this chapter.(3) The department shall reimburse fees incurred by attorneys or other authorized representatives during the appeals phase of the federal OASDI survivor benefits application process, but only when the county demonstrates that the legal representative successfully secures approval of federal OASDI survivor benefits. The legal fees for each case shall not exceed twice the difference between the maximum monthly individual payment provided under this chapter and the maximum monthly federal OASDI survivor benefits payment.(4) The department shall report to the Legislature, by July 1, 2026, on the outcomes of the CalSurvivor Program and the advocacy programs described in paragraph (1), including the number of cases that were approved for benefits in each program, disaggregated by county.(5) Counties are obligated to operate the advocacy program only to the extent that state funds have been provided to counties for this purpose.18997.62. (a) Benefits provided under this chapter shall be equivalent to the federal OASDI survivor benefits.(b) Except as otherwise provided in this chapter, the federal and state laws and regulations governing the federal OASDI survivor benefits program shall also govern the program provided for under this chapter.(c) (1) Nothing in this chapter shall prevent the CalSurvivor Program benefits issued pursuant to this chapter from being a tax credit if established under the Revenue and Taxation Code.(2) If the CalSurvivor Program benefits issued pursuant to this chapter are deemed to be a tax credit, the Director of Social Services shall certify to the Legislature that they have received and complied with any additional required authority from the Franchise Tax Board.18997.63. The department shall reimburse counties for the cost of actual payments made pursuant to this chapter and for the administrative costs actually attributable to those payments.18997.64. (a) The department and the State Department of Health Care Services shall jointly issue guidance to county human services agencies directing them to inform a parent or guardian of the CalSurvivor Program when the county becomes aware that a childs parent has died.(b) The Department of Child Support Services shall issue guidance to local child support agencies directing them to inform a custodial parent or guardian of the CalSurvivor Program when the department becomes aware that a childs noncustodial parent has died.18997.65. (a) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), through June 30, 2026, the department may implement this chapter through all-county letters or similar instructions.(b) The department shall adopt regulations, as otherwise necessary, to implement the applicable provisions of this chapter no later than July 1, 2026.(c) Emergency regulations to implement the applicable provisions of this chapter may be adopted by the director in accordance with the Administrative Procedure Act. The adoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days.18997.66. (a) This chapter shall become operative on July 1, 2024.(b) Implementation of this chapter shall be subject to an appropriation by the Legislature for these purposes or a provision of federal funds or private funds for these purposes.(c) This chapter shall be implemented only during any period that federal benefits are provided under Section 402(d) of Title 42 of the United States Code. | |
| 117 | 117 | ||
| 118 | 118 | CHAPTER 16.2. California Survivor Benefit (CalSurvivor) Program | |
| 119 | 119 | ||
| 120 | 120 | CHAPTER 16.2. California Survivor Benefit (CalSurvivor) Program | |
| 121 | 121 | ||
| 122 | 122 | 18997.6. The State Department of Social Services shall establish and oversee the California Survivor Benefit (CalSurvivor) Program, a county- or county consortia-administered program to provide cash assistance for a minor who is a California resident with a deceased parent, who was also a California resident upon their death, when the minor is not eligible for survivor benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program pursuant to Section 402 of Title 42 of the United States Code. The department shall conduct the eligibility determination for the program. | |
| 123 | 123 | ||
| 124 | 124 | ||
| 125 | 125 | ||
| 126 | 126 | 18997.6. The State Department of Social Services shall establish and oversee the California Survivor Benefit (CalSurvivor) Program, a county- or county consortia-administered program to provide cash assistance for a minor who is a California resident with a deceased parent, who was also a California resident upon their death, when the minor is not eligible for survivor benefits under the federal Old-Age, Survivors, and Disability Insurance (OASDI) program pursuant to Section 402 of Title 42 of the United States Code. The department shall conduct the eligibility determination for the program. | |
| 127 | 127 | ||
| 128 | - | 18997.61. (a) (1) Subject to paragraphs (2) and (3), upon application, a minor shall be eligible for the program established pursuant to this chapter if their status as a surviving child of a deceased parent would make them eligible for federal OASDI survivor benefits, but the minor is determined to not be eligible.(2) The minor child of the deceased Californian is eligible if they meet any of the following:(A) They are under 18 years of age and unmarried.(B) They are under 19 years of age and unmarried, but in elementary or secondary school as a full-time student.(C) They are 18 years of age or older and have a severe disability that originated before they attained 22 years of age.(3) The applicant shall provide all of the following documentation to the department:(A) Death certificate of the deceased parent.(B) Birth certificate of the applicant.(C) Proof that both the parent and the child were residents of California on the date of the death of the parent.(D) Proof that an applicant is not eligible for federal OASDI survivor benefits.(b) The department shall periodically redetermine the eligibility of each individual.(c) (1) The department shall require counties with ___ or more residents to | |
| 128 | + | 18997.61. (a) (1) Subject to paragraphs (2) and (3), upon application, a minor shall be eligible for the program established pursuant to this chapter if their status as a surviving child of a deceased parent would make them eligible for federal OASDI survivor benefits, but the minor is determined to not be eligible.(2) The minor child of the deceased Californian is eligible if they meet any of the following:(A) They are under 18 years of age and unmarried.(B) They are under 19 years of age and unmarried, but in elementary or secondary school as a full-time student.(C) They are 18 years of age or older and have a severe disability that originated before they attained 22 years of age.(3) The applicant shall provide all of the following documentation to the department:(A) Death certificate of the deceased parent.(B) Birth certificate of the applicant.(C) Proof that both the parent and the child were residents of California on the date of the death of the parent.(D) Proof that an applicant is not eligible for federal OASDI survivor benefits.(b) The department shall periodically redetermine the eligibility of each individual.(c) (1) The department shall require counties with ___ or more residents to establish an advocacy program to assist applicants and recipients of aid under this chapter in the application process for federal OASDI survivor benefits if the applicant is denied for not having the verification required pursuant to subparagraph (D) of paragraph (3) of subdivision (a), unless the applicant affirmatively states that they do not want the assistance in writing.(2) The department shall provide assistance to counties in their efforts to implement the advocacy program described in paragraph (1) and the CalSurvivor Program established pursuant to this chapter.(3) The department shall reimburse fees incurred by attorneys or other authorized representatives during the appeals phase of the federal OASDI survivor benefits application process, but only when the county demonstrates that the legal representative successfully secures approval of federal OASDI survivor benefits. The legal fees for each case shall not exceed twice the difference between the maximum monthly individual payment provided under this chapter and the maximum monthly federal OASDI survivor benefits payment.(4) The department shall report to the Legislature, by July 1, 2026, on the outcomes of the CalSurvivor Program and the advocacy programs described in paragraph (1), including the number of cases that were approved for benefits in each program, disaggregated by county.(5) Counties are obligated to operate the advocacy program only to the extent that state funds have been provided to counties for this purpose. | |
| 129 | 129 | ||
| 130 | 130 | ||
| 131 | 131 | ||
| 132 | 132 | 18997.61. (a) (1) Subject to paragraphs (2) and (3), upon application, a minor shall be eligible for the program established pursuant to this chapter if their status as a surviving child of a deceased parent would make them eligible for federal OASDI survivor benefits, but the minor is determined to not be eligible. | |
| 133 | 133 | ||
| 134 | 134 | (2) The minor child of the deceased Californian is eligible if they meet any of the following: | |
| 135 | 135 | ||
| 136 | 136 | (A) They are under 18 years of age and unmarried. | |
| 137 | 137 | ||
| 138 | 138 | (B) They are under 19 years of age and unmarried, but in elementary or secondary school as a full-time student. | |
| 139 | 139 | ||
| 140 | 140 | (C) They are 18 years of age or older and have a severe disability that originated before they attained 22 years of age. | |
| 141 | 141 | ||
| 142 | 142 | (3) The applicant shall provide all of the following documentation to the department: | |
| 143 | 143 | ||
| 144 | 144 | (A) Death certificate of the deceased parent. | |
| 145 | 145 | ||
| 146 | 146 | (B) Birth certificate of the applicant. | |
| 147 | 147 | ||
| 148 | 148 | (C) Proof that both the parent and the child were residents of California on the date of the death of the parent. | |
| 149 | 149 | ||
| 150 | 150 | (D) Proof that an applicant is not eligible for federal OASDI survivor benefits. | |
| 151 | 151 | ||
| 152 | 152 | (b) The department shall periodically redetermine the eligibility of each individual. | |
| 153 | 153 | ||
| 154 | - | (c) (1) The department shall require counties with ___ or more residents | |
| 154 | + | (c) (1) The department shall require counties with ___ or more residents to establish an advocacy program to assist applicants and recipients of aid under this chapter in the application process for federal OASDI survivor benefits if the applicant is denied for not having the verification required pursuant to subparagraph (D) of paragraph (3) of subdivision (a), unless the applicant affirmatively states that they do not want the assistance in writing. | |
| 155 | 155 | ||
| 156 | 156 | (2) The department shall provide assistance to counties in their efforts to implement the advocacy program described in paragraph (1) and the CalSurvivor Program established pursuant to this chapter. | |
| 157 | 157 | ||
| 158 | 158 | (3) The department shall reimburse fees incurred by attorneys or other authorized representatives during the appeals phase of the federal OASDI survivor benefits application process, but only when the county demonstrates that the legal representative successfully secures approval of federal OASDI survivor benefits. The legal fees for each case shall not exceed twice the difference between the maximum monthly individual payment provided under this chapter and the maximum monthly federal OASDI survivor benefits payment. | |
| 159 | 159 | ||
| 160 | - | (4) The department shall report to the Legislature, by July 1, 2026 | |
| 160 | + | (4) The department shall report to the Legislature, by July 1, 2026, on the outcomes of the CalSurvivor Program and the advocacy programs described in paragraph (1), including the number of cases that were approved for benefits in each program, disaggregated by county. | |
| 161 | 161 | ||
| 162 | 162 | (5) Counties are obligated to operate the advocacy program only to the extent that state funds have been provided to counties for this purpose. | |
| 163 | - | ||
| 164 | - | ||
| 165 | 163 | ||
| 166 | 164 | 18997.62. (a) Benefits provided under this chapter shall be equivalent to the federal OASDI survivor benefits.(b) Except as otherwise provided in this chapter, the federal and state laws and regulations governing the federal OASDI survivor benefits program shall also govern the program provided for under this chapter.(c) (1) Nothing in this chapter shall prevent the CalSurvivor Program benefits issued pursuant to this chapter from being a tax credit if established under the Revenue and Taxation Code.(2) If the CalSurvivor Program benefits issued pursuant to this chapter are deemed to be a tax credit, the Director of Social Services shall certify to the Legislature that they have received and complied with any additional required authority from the Franchise Tax Board. | |
| 167 | 165 | ||
| 168 | 166 | ||
| 169 | 167 | ||
| 170 | 168 | 18997.62. (a) Benefits provided under this chapter shall be equivalent to the federal OASDI survivor benefits. | |
| 171 | 169 | ||
| 172 | 170 | (b) Except as otherwise provided in this chapter, the federal and state laws and regulations governing the federal OASDI survivor benefits program shall also govern the program provided for under this chapter. | |
| 173 | 171 | ||
| 174 | 172 | (c) (1) Nothing in this chapter shall prevent the CalSurvivor Program benefits issued pursuant to this chapter from being a tax credit if established under the Revenue and Taxation Code. | |
| 175 | 173 | ||
| 176 | 174 | (2) If the CalSurvivor Program benefits issued pursuant to this chapter are deemed to be a tax credit, the Director of Social Services shall certify to the Legislature that they have received and complied with any additional required authority from the Franchise Tax Board. | |
| 177 | 175 | ||
| 178 | 176 | 18997.63. The department shall reimburse counties for the cost of actual payments made pursuant to this chapter and for the administrative costs actually attributable to those payments. | |
| 179 | 177 | ||
| 180 | 178 | ||
| 181 | 179 | ||
| 182 | 180 | 18997.63. The department shall reimburse counties for the cost of actual payments made pursuant to this chapter and for the administrative costs actually attributable to those payments. | |
| 183 | 181 | ||
| 184 | 182 | 18997.64. (a) The department and the State Department of Health Care Services shall jointly issue guidance to county human services agencies directing them to inform a parent or guardian of the CalSurvivor Program when the county becomes aware that a childs parent has died.(b) The Department of Child Support Services shall issue guidance to local child support agencies directing them to inform a custodial parent or guardian of the CalSurvivor Program when the department becomes aware that a childs noncustodial parent has died. | |
| 185 | 183 | ||
| 186 | 184 | ||
| 187 | 185 | ||
| 188 | 186 | 18997.64. (a) The department and the State Department of Health Care Services shall jointly issue guidance to county human services agencies directing them to inform a parent or guardian of the CalSurvivor Program when the county becomes aware that a childs parent has died. | |
| 189 | 187 | ||
| 190 | 188 | (b) The Department of Child Support Services shall issue guidance to local child support agencies directing them to inform a custodial parent or guardian of the CalSurvivor Program when the department becomes aware that a childs noncustodial parent has died. | |
| 191 | 189 | ||
| 192 | 190 | 18997.65. (a) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), through June 30, 2026, the department may implement this chapter through all-county letters or similar instructions.(b) The department shall adopt regulations, as otherwise necessary, to implement the applicable provisions of this chapter no later than July 1, 2026.(c) Emergency regulations to implement the applicable provisions of this chapter may be adopted by the director in accordance with the Administrative Procedure Act. The adoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days. | |
| 193 | 191 | ||
| 194 | 192 | ||
| 195 | 193 | ||
| 196 | 194 | 18997.65. (a) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), through June 30, 2026, the department may implement this chapter through all-county letters or similar instructions. | |
| 197 | 195 | ||
| 198 | 196 | (b) The department shall adopt regulations, as otherwise necessary, to implement the applicable provisions of this chapter no later than July 1, 2026. | |
| 199 | 197 | ||
| 200 | 198 | (c) Emergency regulations to implement the applicable provisions of this chapter may be adopted by the director in accordance with the Administrative Procedure Act. The adoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days. | |
| 201 | 199 | ||
| 202 | 200 | 18997.66. (a) This chapter shall become operative on July 1, 2024.(b) Implementation of this chapter shall be subject to an appropriation by the Legislature for these purposes or a provision of federal funds or private funds for these purposes.(c) This chapter shall be implemented only during any period that federal benefits are provided under Section 402(d) of Title 42 of the United States Code. | |
| 203 | 201 | ||
| 204 | 202 | ||
| 205 | 203 | ||
| 206 | 204 | 18997.66. (a) This chapter shall become operative on July 1, 2024. | |
| 207 | 205 | ||
| 208 | 206 | (b) Implementation of this chapter shall be subject to an appropriation by the Legislature for these purposes or a provision of federal funds or private funds for these purposes. | |
| 209 | 207 | ||
| 210 | 208 | (c) This chapter shall be implemented only during any period that federal benefits are provided under Section 402(d) of Title 42 of the United States Code. | |
| 211 | 209 | ||
| 212 | 210 | SEC. 5. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 213 | 211 | ||
| 214 | 212 | SEC. 5. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 215 | 213 | ||
| 216 | 214 | SEC. 5. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 217 | 215 | ||
| 218 | 216 | ### SEC. 5. |