BILL NUMBER: AB 959 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 31, 2011
AMENDED IN SENATE AUGUST 30, 2011
AMENDED IN SENATE AUGUST 15, 2011
AMENDED IN SENATE JULY 5, 2011
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY APRIL 12, 2011
INTRODUCED BY Assembly Member Jones
FEBRUARY 18, 2011
An act to add Section 11265.4 to 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 require a county to restore a recipient's
benefits, on a prorated basis, if the recipient submits a complete
report form within the month following the discontinuance for
nonsubmission of a prescribed report form, as specified.
This bill would also revise the time period applicable to rescinding
a discontinuance notice for benefits, to allow a recipient, before
the last calendar day of the first month of the following reporting
period, to submit a complete report. This bill would impose
a state-mandated local program by requiring the county to restore
the recipient's benefits, on a prorated basis, if the recipient
submits a completed report within that designated time.
Existing law requires, to the maximum extent allowable by federal
law, that each county welfare department provide transitional
CalFresh benefits to households terminating their participation in
the CalWORKs program.
The bill would prohibit a recipient of transitional CalFresh
benefits from receiving prorated CalFresh benefits during the same
month.
This bill would provide that these provisions shall become
operative on July 1, 2012, and would prohibit implementation of these
provisions until the department has obtained specified federal
approval.
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: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11265.4 is added to the Welfare and
Institutions Code, to read:
11265.4. (a) If a recipient submits a complete report form within
the month following the discontinuance for nonsubmission of a report
form pursuant to Section 11265.1, the county shall restore benefits
to the household, without requiring a new application or interview,
and shall prorate benefits from the date that the household provides
the completed report form. These households shall be considered
recipient cases and shall not be subject to applicant eligibility
criteria. A recipient of transitional CalFresh benefits shall not
receive prorated CalFresh benefits during the same month.
(b) Notwithstanding any other law, including, but not limited to,
Section 11265.1, a discontinuance notice shall be rescinded if a
complete report is received prior to the last calendar day of the
first month of the following reporting period.
(c)
(b) This section shall not be implemented until the
department has obtained all necessary federal approvals under the
federal Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2011 et seq.).
(d)
(c) This section shall become operative on July 1,
2012.
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.