CAL LEG HOPE Trust Fund Exemptions


On Sep. 3, CAL LEG bill to exempt funds from money judgements.


  • CAL LEG enrolled bill SB 242 to revise the Hope, Opportunity, Perseverance, and Empowerment (HOPE) trust account program to exempt funds in trust accounts.
  • From mean-tested programs and money judgments, impose specified certifications.
  • HOPE for Children Trust Account Act, established trust fund account for elligible minors who parent, guardian, died due to COVID-19 during federal public health emergency.
  • Proposed Amendments
  • Required the Treasurer to verify the cause of death of the parent, custodian, guardian and to verify the minor’s family household income prior to the death of the parent.
  • Signed statements also accepted, under the penalty of perjury if information is false.
  • To maximize automatic enrollment, Treasuer to collaborate with State Department to gather data to maximize participation in the HOPE Trust Account Program for eligible.
  • Bill would prohibit funds and returns accrued in a HOPE trust account from being considered income or assets until an eligible youth withdraws or transfers the funds.
  • Program enrollee are eligible to withdraw or transfer funds from their HOPE trust account on 18th birthday, Treasurer to assist in transferring funds from their trust.
  • CAL LEG 2-9-2-4-3-704.235 specified that a one-time lump-sum payment made from a HOPE trust account shall be exempt without making a claim; provided exemption.
  • A financial institution that receives a payment directly from the State shall treat the payment as exempt from levy if it is designated HOPE trust account payment.
  • Amended Welfare and Institutions Code sections CAL LEG 9-6-16.1-18997.51 , CAL LEG 9-6-16.1-18997.52 , CAL LEG 9-6-16.1-18997.53 and CAL LEG 9-3-1-4-11157.
  • Legislative History
  • On Jan. 25, 2023, bill was introduced in Senate; on May 26, 2023, bill passed Senate.
  • On May 26, 2024, bill introduced in Assembly; on Aug. 26, 2024, amended bill passed.
  • On Aug. 27, 2024, Senate concurred with Assembly amendments; ordered to enrolling
  • On Sep. 3, 2024, bill was enrolled and presented to CAL governor, pending action.
  • Effectiveness
  • No effective date specified; CAL bills generally effective Jan. 1 next year, Jan. 1, 2025.
  • Sep. 30, 2024 CAL LEG Governor Approved Bill
  • On Sep. 30, 2024, CAL LEG reported SB 242 signed by governor, assigned Ch. 1010.

Regulators CAL LEG
Entity Types Bank; CU
Reference Ch 1010, 9/30/2024; Bill, SB242, 9/3/2024; Citation: CAL LEG 9-6-16.1-18997.51; CAL LEG 9-6-16.1-18997.52; CAL LEG 9-3-1-4-11157;
Functions Compliance; Financial; Legal; Operations; Tax
Countries United States of America
Category
State
Products Banking; Deposits
Regions Am
Rule Type Final
Rule Date 9/30/2024
Effective Date 1/1/2025
Rule Id 224819
Linked to N/A
Reg. Last Update 9/30/2024
Report Section US Banking

Last substantive update on 10/02/2024