BILL ANALYSIS Ó
AB 959
Page 1
Date of Hearing: April 5, 2011
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Jim Beall Jr., Chair
AB 959 (Jones) - As Introduced: February 18, 2011
SUBJECT : CalWORKs and CalFresh: reporting alignment
SUMMARY : Improves the administration of a discontinuance notice
of benefits for recipients of the California Work Opportunity
and Responsibility to Kids program (CalWORKs). Specifically
this bill:
1)Extends, by a month, the time period for counties to rescind a
discontinuance notice of benefits for non-submission of
quarterly report for CalWORKs recipients.
2)Deletes the "good cause" explanation for non-submission of a
quarterly report.
EXISTING LAW :
1)States that a notice of discontinuance of CalWORKs benefits to
a family will be rescinded if the completed quarterly report
is submitted by the first working day of the first month
following the quarterly reporting period.
2)States that CalWORKs benefits are re-determined for
eligibility and cash grant amounts on a quarterly basis and
sets forth a schedule of dates for recipients to submit their
quarterly report in a timely manner.
FISCAL EFFECT : Unknown
COMMENTS : According to the sponsor of this bill, the County of
San Diego (County), "This proposal can significantly reduce the
number of applications processed: saving County staff workload
and allowing staff to spend more time on case maintenance and
other program issues." The author believes that this bill is
necessary because the current rules governing the administration
of a discontinuance notice of benefits negatively affects the
county's efficiency and improve services to CalWORKs families.
Existing law: A discontinuance notice is a form used by county
welfare departments to communicate with recipients that benefits
AB 959
Page 2
may be terminated for any number of reasons, including for
failure to submit a completed quarterly report, a household
composition change, and lack of verifications such as a pay
stub. This bill is specific to a discontinuance notice of
benefits for failure to submit a quarterly report.
CalWORKs recipients are required to report their income, address
change, and other personal circumstances to the county through
what is known as a quarterly report. The purpose of the report
is to ensure that the recipient is still meeting eligibility
guidelines to continue to receive assistance. Under existing
law, rules governing the timely submission of the report are
outlined in the following five steps:
1)Recipients should receive a quarterly report form from the
county at the end of the second month of the quarterly
reporting period.
2)Recipients must then return the completed quarterly report
form by the 11th day of the following or third month of the
quarterly reporting period.
3)If the form is not returned by the 11th day of the third
month, the recipient receives a notice from the county stating
that benefits will be terminated at the end of the third
month.
4)Statute also mentions that prior to terminating benefits, the
county must attempt contact again, this time to make personal
contact to remind the recipient that the report is due.
5)If a completed report is received then the discontinuance
notice is rescinded and benefits are not terminated.
This bill extends, by one month, the amount of time a recipient
has to correct any quarterly report problems. During this extra
month aid is terminated; however, once the needed corrections
are made to the report, aid may be restored without having to
reapply or to interview. This is important for two main
reasons: 1) the family does not have to go through the lengthy
and cumbersome process of re-application and interrupting their
workday to interview at the county welfare office, and 2) the
county does not have to go to the time or expense of
re-processing the application, conduct an interview, and
fingerprint the recipient all over again. In fact, the County
AB 959
Page 3
states that processing just a re-application can average three
hours and take up to 45 days.
The sponsor reports that the one month extension provided under
this bill is a grace period and benefits during this time are
not distributed. As soon as the recipient submits a completed
report, the benefits may resume and will be prorated to the day
that the report was received.
Amendments
1. The author also would like to require, instead of merely
allowing, counties to restore benefits if a completed
report is submitted by the last day of the last month
following the discontinuance of benefits. On page 4, line
11, delete the word "may" and insert the word "shall."
2. The author requested that language in regards to the
"good cause" explanation be restored as it was not intended
to be deleted. On page 4, after the period, insert the
following language: "Good cause exists only when the
recipient cannot reasonably be expected to fulfill his or
her reporting responsibilities due to factors outside of
the recipient's control."
3. The author has agreed to a clarifying amendment. On
page 3, delete the amended italicized language on lines 37
and 38, and instead, after the word "received" on line 36,
insert, "?prior to the last calendar day of the first month
of the following quarterly reporting period."
REGISTERED SUPPORT / OPPOSITION :
Support
County of San Diego (sponsor)
San Diego County Child Care and Development Planning Council
Western Center on Law and Poverty (support if amended)
Opposition
Coalition of California Welfare Rights Organizations (CCWRO)
Ýoppose unless amended]
AB 959
Page 4
Analysis Prepared by : Frances Chacon / HUM. S. / (916)
319-2089