BILL NUMBER: SB 1569 CHAPTERED
BILL TEXT
CHAPTER 672
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2006
APPROVED BY GOVERNOR SEPTEMBER 29, 2006
PASSED THE SENATE AUGUST 30, 2006
PASSED THE ASSEMBLY AUGUST 28, 2006
AMENDED IN ASSEMBLY AUGUST 24, 2006
AMENDED IN ASSEMBLY JUNE 29, 2006
AMENDED IN SENATE APRIL 18, 2006
INTRODUCED BY Senator Kuehl
FEBRUARY 23, 2006
An act to amend Section 14005.2 of, to add Section 13283 to, and
to add Chapter 10.4 (commencing with Section 18945) to Part 6 of
Division 9 of, the Welfare and Institutions Code, relating to human
services.
LEGISLATIVE COUNSEL'S DIGEST
SB 1569, Kuehl Human services: immigrants.
Under existing law, the State Department of Social Services is
required, after setting aside necessary administrative funds, to
allocate all federal social services funds derived from the federal
Refugee Act of 1980, which are required to be used for certain
training of eligible refugees, to each eligible county, in the same
proportion that refugees receiving aid in each eligible county bear
to the total refugees receiving aid in all eligible counties.
Services provided to persons covered by these federal provisions
include employment-related and English language training services.
Existing law also provides for the Medi-Cal program, which is
administered by the State Department of Health Services, pursuant to
which medical benefits are provided to public assistance recipients
and certain other low-income persons, including noncitizens who meet
specific qualifications under the Cuban-Haitian Entrant Program and
the Refugee Resettlement Program for health care services.
Existing federal law also prohibits the provision of state or
local public benefits, as defined, to certain noncitizens unless
specifically provided for in state law.
This bill would extend eligibility for certain public social
services, including, but not limited to, refugee cash assistance,
Medi-Cal, and employment social services, as well as Healthy Families
Program benefits to qualified noncitizen victims of trafficking,
domestic violence, and other serious crimes, as defined, who can
demonstrate their eligibility for these programs, and who are taking
steps to meet the eligibility conditions for certain federal
benefits. By increasing counties' responsibility for administering
and determining eligibility for various services, programs, and
benefits, this bill would create a state-mandated local program.
This bill would require the State Department of Social Services to
adopt regulations, which may be emergency regulations, as specified,
to implement these provisions no later than July 1, 2008.
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 these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13283 is added to the Welfare and Institutions
Code, to read:
13283. Notwithstanding any other provision of law, the department
shall ensure that noncitizen victims of trafficking, domestic
violence, and other serious crimes, as defined in subdivision (b) of
Section 18945, have access to refugee cash assistance, and refugee
employment social services set forth in this chapter, to the same
extent as individuals who are admitted to the United States as
refugees under Section 1157 of Title 8 of the United States Code.
These individuals shall be subject to the same work requirements and
exemptions as other participants, provided that compliance with these
requirements is authorized by law. An exemption from these
requirements shall be available if physical or psychological trauma
related to or arising from the victimization impedes their ability to
comply. Assistance and services under this subdivision shall be
paid from state funds to the extent federal funding is unavailable.
SEC. 2 Section 14005.2 of the Welfare and Institutions Code is
amended to read:
14005.2. Unless otherwise specified in this chapter, the
eligibility of a person eligible under the Cuban-Haitian Entrant
Program or the Refugee Resettlement Program for health care services
under Section 14005 shall be determined by applying the same income
and resource methodologies and standards and all other eligibility
criteria established pursuant to this chapter that are applied by the
department in determining the eligibility of a medically needy
family person, except for those criteria that establish categorical
relatedness, and only as long as federal funds are available. Victims
of trafficking, domestic violence, and other serious crimes, as
defined in subdivision (b) of Section 18945, shall be eligible for
these services to the same extent as individuals who are admitted to
the United States as a refugee under Section 1157 of Title 8 of the
United States Code. Services under this subdivision shall be paid
from state funds to the extent federal funding is unavailable.
SEC. 3. Chapter 10.4 (commencing with Section 18945) is added to
Part 6 of Division 9 of the Welfare and Institutions Code, to read:
CHAPTER 10.4. Services and Benefits for Noncitizen Victims of
Trafficking, Domestic Violence, and Other Serious Crimes
18945. (a) Noncitizen victims of trafficking, domestic violence,
and other serious crimes, as defined in subdivision (b), shall be
eligible for public social services under the division, and health
care services under Part 6.2 (commencing with Section 12693) of
Division 2 of the Insurance Code, to the same extent as individuals
who are admitted to the United States as refugees under Section 1157
of Title 8 of the United States Code. These services shall
discontinue if there is a final administrative denial of a visa
application under Section 1101(a)(15)(T)(i) or (ii), or Section 1101
(a)(15)(U)(i) or (ii), of Title 8 of the United States Code. For
trafficking victims on behalf of whom law enforcement officials have
not yet filed for continued presence or who have not yet filed an
application for a visa, benefits issued pursuant to this subdivision
shall be available for up to one year, and shall continue after that
date only if an application for continued presence, or an application
for a visa, is filed within the one-year period. Benefits and
services under this subdivision shall be paid from state funds to the
extent federal funding is unavailable.
(b) For purposes of this section, victims of trafficking, domestic
violence, and other serious crimes shall be defined to include both
of the following:
(1) Noncitizen victims of a severe form of trafficking in persons,
who have been subjected to an act or practice described in Section
7102 (8) or (9) of Title 22 of the United States Code or Section
236.1 of the Penal Code, and who have filed an I-914 application for
T Nonimmigrant status with the appropriate federal agency, are
preparing to file an application for status under Section 1101(a)(15)
(T)(i) or (ii) of Title 8 of the United States Code, or otherwise are
taking steps to meet the conditions for federal benefits eligibility
under Section 7105 of Title 22 of the United States Code.
(2) Individuals who have filed a formal application with the
appropriate federal agency for status under Section 1101(a)(15)(U)(i)
or (ii) of Title 8 of the United States Code.
(c) After one year from the date of application for public social
services, noncitizen victims of a severe form of trafficking, as
defined in paragraph (1) of subdivision (b), shall be ineligible for
state funded services if a visa application has not been filed until
under Section 1101(a)(15)(T)(i) or (ii) of Title 8 of the United
States Code.
(d) A noncitizen victim of a severe form of trafficking, as
defined in paragraph (1) of subdivision (b), who is issued a visa
shall be removed from the state funded program and provided federally
funded public social services benefits under the provisions of
Section 1522 of Title 8 of the United States Code, or another federal
program for which the noncitizen victim may be eligible.
(e) For purposes of this section, Section 13283 and Section
14005.2:
(1) In determining whether an applicant for public social services
has been a victim of a severe form of human trafficking, as defined
in Section 7102 (8) or (9) of Title 22 of the United States Code, or
Section 236.1 of the Penal Code, the state or local agency shall
consider all relevant and credible evidence. A sworn statement by a
victim, or a representative if the victim is not able to competently
swear, shall be sufficient if at least one item of additional
evidence is also provided, including, but not limited to, any of the
following:
(A) Police, government agency, or court records or files.
(B) News articles.
(C) Documentation from a social services, trafficking, or domestic
violence program, or a legal, clinical, medical, or other
professional from whom the applicant or recipient has sought
assistance in dealing with the crime.
(D) A statement from any other individual with knowledge of the
circumstances that provided the basis for the claim.
(E) Physical evidence.
(F) A copy of a completed visa application.
(G) Written notice from the federal agency of receipt of the visa
application.
(2) If the victim cannot provide additional evidence, then the
sworn statement shall be sufficient if the county or state agency
makes a determination documented in the case file that the applicant
is credible.
SEC. 4. (a) The director shall adopt regulations, as otherwise
necessary, to implement the applicable provisions of this act no
later than July 1, 2008. Emergency regulations to implement the
applicable provisions of the act may be adopted by the director in
accordance with the Administrative Procedure Act. Emergency
regulations shall be exempt from review by the Office of
Administrative Law and shall be deemed to be an emergency and
necessary for the immediate preservation of the public peace, health,
safety, or general welfare. 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.
(b) Notwithstanding the provisions of the Administrative Procedure
Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code, the State Department of
Social Services may implement and administer the applicable
provisions of this act through an all-county letter or similar
instructions from the director until such time as regulations are
adopted.
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.