BILL NUMBER: AB 959	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 12, 2011

INTRODUCED BY   Assembly Member Jones

                        FEBRUARY 18, 2011

   An act to amend Section 11265.1 of the Welfare and Institutions
Code, relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 959, as amended, Jones. CalWORKs and CalFresh: reporting.
   Existing law requires each county to provide cash assistance and
other social services to needy families through the California Work
Opportunity and Responsibility to Kids (CalWORKs) program using
federal Temporary Assistance to Needy Families (TANF) block grant
program, state, and county funds.
   Existing law, in addition to annual redetermination of eligibility
for CalWORKs benefits, requires counties to redetermine recipient
eligibility and grant amounts on a quarterly basis, using prospective
budgeting. Under existing law, if a recipient fails to submit a
complete quarterly report form, as defined, by a specified time, the
county is required to notify the recipient that benefits will be
terminated at the end of the month, pursuant to specified notice
procedures. Existing law requires the county to rescind a
discontinuance notice if it receives a completed report by the first
working day of the next reporting period, or if the county determines
that the recipient had good cause, as defined, for failing to submit
a complete report form, as specified.
   Existing federal law provides for the federal Supplemental
Nutrition Assistance Program (SNAP), formerly the Food Stamp Program,
under which nutrition assistance benefits, formerly referred to as
food stamps, are allocated to each state by the federal government.
Under existing state law, pursuant to CalFresh, California's federal
allocation is distributed to eligible individuals by each county.
Existing law requires the State Department of Social Services, to the
extent permitted by federal law, regulations, waivers, and
directives, to implement the prospective budgeting, quarterly
reporting system provided for under the CalWORKs program for the
administration of CalFresh benefits.
   This bill would revise time periods applicable to rescinding a
discontinuance notice for CalWORKs benefits, to allow a recipient,
before the last  day of the calendar month following the
discontinuance   calendar day of the first month of t
  he following quarterly reporting period  , to submit
a complete quarterly  report, and to allow a county to
determine the existence of good cause for the failure to submit a
complete  report. The bill would  authorize
  impose a state-mandated local program by requiring
 the county to restore the recipient's benefits if he or she
submits a complete report within that designated time, as specified.
 This bill also would revise the definition of good cause for
purposes of these provisions.  
   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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11265.1 of the Welfare and Institutions Code,
as added by Section 30 of Chapter 1022 of the Statutes of 2002, is
amended to read:
   11265.1.  (a) In addition to the requirement for an annual
redetermination of eligibility, counties shall redetermine recipient
eligibility and grant amounts on a quarterly basis using prospective
budgeting. Counties shall use the information reported on a recipient'
s quarterly report form to prospectively determine eligibility and
grant amount for the following quarterly reporting period.
   (b) A quarterly reporting period shall be three consecutive
calendar months. The recipient shall submit one quarterly report form
for each quarterly reporting period. Counties shall provide a
quarterly report form to recipients at the end of the second month of
the quarterly reporting period, and recipients shall return the
completed quarterly report form with required verification to the
county by the 11th day of the third month of the quarterly reporting
period.
   (c) Counties may establish staggered quarterly reporting cycles
based on factors established or approved by the department,
including, but not limited to, application date or case number.
   (d) The quarterly report form shall be signed under penalty of
perjury, and shall include only information necessary to determine
CalWORKs and CalFresh eligibility and calculate the CalWORKs grant
amount and CalFresh allotment, as specified by the department. The
form shall be as comprehensible as possible for recipients and shall
require recipients to provide the following:
   (1) Information about income received during the second month of
the quarterly reporting period.
   (2) Information about income that the recipient anticipates
receiving during the following quarterly reporting period.
   (3) Any other changes to facts required to be reported, together
with any changes to those facts that the recipient anticipates will
occur. The recipient shall provide verification as specified by the
department with the quarterly report form.
   (e) A quarterly report form shall be considered complete if the
following requirements, as specified by the department, are met:
   (1) The form is signed no earlier than the first day of the third
month of the quarterly reporting period by the persons specified by
the department.
   (2) All questions and items pertaining to CalWORKs and CalFresh
eligibility and grant amount are answered.
   (3) Verification required by the department is provided.
   (f) If a recipient fails to submit a complete quarterly report
form, as defined in subdivision (e), by the 11th day of the third
month of the quarterly reporting period, the county shall provide the
recipient with a notice that the county will terminate benefits at
the end of the month. Prior to terminating benefits, the county shall
attempt to make personal contact to remind the recipient that a
completed report is due, or, if contact is not made, shall send a
reminder notice to the recipient no later than five days prior to the
end of the month. Any discontinuance notice shall be rescinded if a
complete report is received prior to the last  day of the
calendar month following discontinuance.   calendar day
of the first month of the following quarterly reporting period. 

   (g) The county may determine, at any time prior to the last day of
the calendar month following discontinuance for nonsubmission of a
quarterly report form, that a recipient had good cause for failing to
submit a complete quarterly report form, as defined in subdivision
(e). If the county finds a recipient had good cause, as defined by
the department, it shall rescind the discontinuance notice.  Good
cause exists only when the recipient cannot reasonably be expected
to fulfill his or her reporting responsibilities due to factors
outside the recipient's control. 
   (h) If a recipient submits a complete quarterly report form before
the last day of the month following the discontinuance of benefits,
the county  may   shall  restore benefits
to the household, without requiring a new application or interview.
   SEC. 2.    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.