BILL NUMBER: AB 1140	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Donnelly

                        FEBRUARY 18, 2011

   An act to amend Sections 11266.5, 11320.15, and 17021 of, and to
amend and repeal Sections 11327.5 and 11454 of, the Welfare and
Institutions Code, relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1140, as introduced, Donnelly. CalWORKs: eligibility: time
limit.
   Existing federal law provides for allocation of federal funds
through the federal Temporary Assistance for Needy Families (TANF)
block grant program to eligible states. Existing law provides for the
California Work Opportunity and Responsibility to Kids (CalWORKs)
program for the allocation of federal funds received through the TANF
program, under which each county provides cash assistance and other
benefits to qualified low-income families. Existing law provides that
a parent or caretaker relative shall not be eligible for CalWORKs
aid when he or she has received aid for a cumulative total of 60
months. Existing law excludes months in which certain conditions
exist from being counted as a month of receipt of aid for these
purposes.
   This bill would revise the requirements for providing aid under
the CalWORKs program by replacing the existing time limits on receipt
of aid with a 6-month limit, operative 90 days after the effective
date of the bill.
   Existing law requires every county and every city and county to
relieve and support all incompetent, poor, indigent persons, and
those incapacitated by age, disease, or accident, lawfully residing
in the county or city and county, when those persons are not
supported and relieved by their relatives or friends, by their own
means, or by state hospitals or other state or private institutions.
Under existing law, an individual who is not eligible for CalWORKs
aid because of the time limitation, is ineligible for county
assistance until all of the children of the individual on whose
behalf aid was received, whether or not currently living in the home
with the individual, are 18 years of age or older. Existing law also
provides that such an individual is ineligible for county assistance
if he or she is ineligible for CalWORKs aid due to the imposition of
a sanction or penalty.
   This bill would extend the provisions for ineligibility for county
assistance to a child who is ineligible for CalWORKs aid due to the
6-month time limit required by the bill, or due to the imposition of
a sanction or penalty, as specified.
   This bill would make various conforming changes and would state
the intent of the Legislature to enact legislation to conform other
CalWORKs program provisions to a 6-month time limit on aid.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 11266.5 of the Welfare and Institutions Code is
amended to read:
   11266.5.  (a) Every applicant for aid under this chapter shall be
informed of the availability of lump-sum diversion services to
resolve the circumstances that require the family to apply for
assistance prior to the family's approval for aid.
   (b) When an applicant is determined to be eligible for assistance
under this chapter, the county shall assess whether the applicant
would benefit from the lump-sum diversion program. The county shall
make this determination in its sole discretion. In making this
determination, the county shall consider whether the applicant is
likely to be able to avoid the need for extended assistance beyond
the diversion period if the family was provided one-time assistance.
In making this determination, the county may consider any of the
following:
   (1) The applicant's employment history.
   (2) The likelihood of the applicant obtaining immediate full-time
employment.
   (3) The applicant's general prospect for obtaining full-time
employment.
   (4) The applicant's need for cash assistance to pay for housing or
substantial and unforseen expenses or work-related expenses.
   (5) Housing stability.
   (6) The adequacy of the applicant's child care arrangements, if
applicable.
   (c) If the county determines, pursuant to subdivision (b), that an
applicant could benefit from a lump-sum diversion payment, the
county shall inform the applicant of its determination.
   (d) An applicant for aid under this chapter may either participate
in the lump-sum diversion program or decline participation in
diversion and, instead, receive aid as otherwise provided for in this
chapter.
   (e) Lump-sum diversion services provided under this section may
include any cash or noncash payment and shall be negotiated by the
county and the applicant in order to assist the applicant in avoiding
the need for aid under this chapter.
   (f) If, after accepting a diversion payment pursuant to this
section, the individual reapplies for aid under this chapter within
the amount of time that corresponds with the number of months of aid
that would have been received under this chapter that was received as
a diversion payment, excluding a partial month, and he or she is
determined to be eligible for aid, the county shall, at the option of
the recipient, either recoup from the recipient's grant, over a
period of time to be determined by the county, the amount of the
diversion payment that the recipient received, or count the period of
time that corresponds to the number of months of aid that would have
been received, excluding a partial month of aid, towards the
 60-month   six-month  time limit on aid
specified in subdivision  (b)   (a)  of
Section 11454.
   (g) To the extent permitted by federal law, lump-sum diversion
payments shall not be considered income for the purpose of
determining eligibility for  food stamps  
CalFresh benefits  .
   (h) Any child support collected by the applicant or recovered by
the county shall not be used to offset the diversion payment.
   (i) During the period of the diversion, the applicant family shall
be eligible for Medi-Cal and child care assistance pursuant to
Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of
the Education Code, if otherwise eligible.
  SEC. 2.  Section 11320.15 of the Welfare and Institutions Code is
amended to read:
   11320.15.  After a participant has received aid for a total of
 60 months   six months  , pursuant to
Section 11454, he or she shall be removed from the assistance unit
for the purposes of calculation of aid under Section 11450 and he or
she shall no longer be required to participate in welfare-to-work
activities. Additional welfare-to-work services may be provided to
the recipient, at the option of the county. If the county provides
services to the recipient after the  60-month  
six-month  limit has been reached, the recipient shall
participate in community service.
  SEC. 3.  Section 11327.5 of the Welfare and Institutions Code, as
amended by Section 2 of Chapter 8 of the 4th Extraordinary Session of
the Statutes of 2009, is amended to read:
   11327.5.  (a) Sanctions shall be imposed in accordance with
subdivision (b) or (c), as appropriate, if an individual has failed
or refused to comply with program requirements without good cause and
conciliation efforts, as described in Section 11327.4, have failed.
   (b) The sanctions provided for in subdivisions (c) and (d) shall
not apply to an individual who is exempt from the requirements of
this article but is voluntarily participating in the program. If that
individual engages in conduct that would bring about the actions
provided for in subdivisions (c) and (d), except for his or her
status as a voluntary program participant, the individual shall not
be given priority so long as other individuals are actively seeking
to participate.
   (c) Financial sanctions for failing or refusing to comply with
program requirements without good cause shall cause a reduction in
the family's grant by removing the noncomplying family member from
the assistance unit for a period of time specified in subdivision
(d).
   (1) For families that qualify for aid due to unemployment of the
family's primary wage earner, the sanctioned parent shall be removed
from the assistance unit. Unless the spouse or the family's second
parent meets the provisions of subparagraph (A) of paragraph (2), if
the sanctioned parent's spouse or the family's second parent is not
participating in the program, both the sanctioned parent and the
spouse or second parent shall be removed from the assistance unit.
The county shall notify the spouse of the noncomplying participant or
second parent in writing at the commencement of conciliation of his
or her own opportunity to participate and the impact on sanctions of
that participation.
   (2) (A) Except as provided in subparagraph (B), exemption criteria
specified in Section 11320.3, conciliation specified in Section
11327.4, and good cause criteria specified in Section 11320.31 and
subdivision (f) of Section 11320.3 shall apply to the sanctioned
parent's spouse or the family's second parent.
   (B) Exemption criteria specified in paragraphs (5) and (6) of
subdivision (b) of Section 11320.3 do not apply to a spouse or second
parent who is participating to avoid the sanction of the
noncomplying parent.
   (C) If the sanctioned parent's spouse or the family's second
parent chooses to participate to avoid the noncomplying parent's
sanction, subsequently fails or refuses to participate without good
cause, and does not conciliate, he or she shall be removed from the
assistance unit for a period of time specified in subdivision (d).
   (D) If the sanctioned parent's spouse or the family's second
parent is under his or her own sanction at the time of the first
parent's sanction, the spouse or second parent shall not be provided
the opportunity to avoid the first parent's sanction until the spouse
or second parent's sanction is completed.
   (3) For families that qualify due to the absence or incapacity of
a parent, only the noncomplying parent shall be removed from the
assistance unit.
   (4) If the noncomplying individual is the only dependent child in
the family, his or her needs shall not be taken into account in
determining the family's need for assistance and the amount of the
assistance payment.
   (5) If the noncomplying individual is one of several dependent
children in the family, his or her needs shall not be taken into
account in determining the family's need for assistance and the
amount of the assistance payment.
   (d) An instance of noncompliance without good cause shall result
in a financial sanction. This sanction shall terminate at any point
if the noncomplying participant performs the activity or activities
he or she previously refused to perform.
   (e) Sanctions shall become effective on the first day of the first
payment-month that the sanctioned individual's needs are removed
from aid under this chapter.
   (f) In the event this section conflicts with federal law, the
department shall adopt regulations to conform to federal law.

   (g) This section shall remain in effect only until July 1, 2011,
and as of that date is repealed. 
  SEC. 4.  Section 11327.5 of the Welfare and Institutions Code, as
added by Section 3 of Chapter 8 of the 4th Extraordinary Session of
the Statutes of 2009, is repealed. 
   11327.5.  (a) Sanctions shall be imposed in accordance with
subdivision (b) or (c), as appropriate, if an individual has failed
or refused to comply with program requirements without good cause and
conciliation efforts, as described in Section 11327.4, have failed.
   (b) The sanctions provided for in subdivisions (c) and (d) shall
not apply to an individual who is exempt from the requirements of
this article but is voluntarily participating in the program. If that
individual engages in conduct that would bring about the actions
provided for in subdivisions (c) and (d), except for his or her
status as a voluntary program participant, the individual shall not
be given priority so long as other individuals are actively seeking
to participate.
   (c) Financial sanctions for failing or refusing to comply with
program requirements without good cause shall cause a reduction in
the family's grant, in accordance with subdivision (d).
   (1) For families that qualify for aid due to unemployment of the
family's primary wage earner, the sanctioned parent shall be removed
from the assistance unit. Unless the spouse or the family's second
parent meets the provisions of subparagraph (A) of paragraph (2), if
the sanctioned parent's spouse or the family's second parent is not
participating in the program, both the sanctioned parent and the
spouse or second parent shall be removed from the assistance unit.
The county shall notify the spouse of the noncomplying participant or
second parent in writing at the commencement of conciliation of his
or her own opportunity to participate and the impact on sanctions of
that participation.
   (2) (A) Except as provided in subparagraph (B), exemption criteria
specified in Section 11320.3, conciliation specified in Section
11327.4, and good cause criteria specified in Section 11320.31 and
subdivision (f) of Section 11320.3 shall apply to the sanctioned
parent's spouse or the family's second parent.
   (B) Exemption criteria specified in paragraphs (5) and (6) of
subdivision (b) of Section 11320.3 do not apply to a spouse or second
parent who is participating to avoid the sanction of the
noncomplying parent.
   (C) If the sanctioned parent's spouse or the family's second
parent chooses to participate to avoid the noncomplying parent's
sanction, subsequently fails or refuses to participate without good
cause, and does not conciliate, he or she shall be removed from the
assistance unit for a period of time specified in subdivision (d).
   (D) If the sanctioned parent's spouse or the family's second
parent is under his or her own sanction at the time of the first
parent's sanction, the spouse or second parent shall not be provided
the opportunity to avoid the first parent's sanction until the spouse
or second parent's sanction is completed.
   (3) For families that qualify due to the absence or incapacity of
a parent, only the noncomplying parent shall be removed from the
assistance unit.
   (4) If the noncomplying individual is the only dependent child in
the family, his or her needs shall not be taken into account in
determining the family's need for assistance and the amount of the
assistance payment.
   (5) If the noncomplying individual is one of several dependent
children in the family, his or her needs shall not be taken into
account in determining the family's need for assistance and the
amount of the assistance payment.
   (d) (1) An instance of noncompliance without good cause shall
result in a financial sanction, consisting of removing the
noncomplying family member from the assistance unit, after the
noncompliance persists for three cumulative months. The conciliation
process described in Section 11327.4 shall occur during the first 30
days of this three-month period. A sanction under this section shall
terminate at any point if the noncomplying participant performs the
activity or activities he or she previously refused to perform.
   (2) (A) If the instance of noncompliance persists for three
cumulative months, the county shall review and assess the
circumstances of the noncomplying individual in order to determine
and identify potential barriers to participation, assess the need for
services or resources, and provide tools to connect the individual
with services and activities. The review and assessment shall be
conducted by a social worker or employment services worker. The
county shall make a good faith effort to remediate any barriers that
are identified. If barriers relating to substance abuse, mental
health, or domestic violence are suspected, the county shall schedule
assessments with an employment specialist or social worker for the
individual in order to assess and review for treatment. This review
shall occur within 30 days after the grant reduction made pursuant to
paragraph (1).
   (B) If the county fails to conduct a review or remediate any
issues pursuant to this paragraph, or if the county determines that
the individual is in compliance pursuant to paragraph (1), or is
exempt from welfare-to-work requirements, the sanction shall
terminate. If failure to conduct a review or remediate an issue is
the result of the recipient's noncompliance, the sanction shall
continue.
   (3) (A) If the instance of noncompliance persists for an
additional three cumulative months after a grant reduction is made
pursuant to paragraph (1), the grant shall be decreased by an amount
equal to 25 percent of the child-only grant, which already reflects
the removal of the parent.
   (B) If the instance of noncompliance persists for an additional
three cumulative months after the family's grant is reduced under
subparagraph (A), a second review and assessment shall be conducted
in accordance with the requirements of paragraph (2). The second
review and assessment shall be conducted within 30 days of the most
recent grant reduction pursuant to subparagraph (A). After the review
and assessment conducted under this paragraph, if the instance of
noncompliance persists for an additional three cumulative months
after the most recent reduction, the family's aid grant shall be
decreased by an amount equal to 50 percent of the child-only grant
level that existed prior to the 25-percent reduction.
   (C) At any time, if the noncomplying member is determined to be
exempt, or comes into compliance with applicable CalWORKs work
requirements, the sanction shall terminate and the full aid grant
amount shall be restored.
   (4) (A) With respect to an assistance unit from which the adult's
share of the grant has been terminated due to the expiration of the
60-month period provided for pursuant to Section 11454, the county
shall impose the sanctions provided for in this section only if the
county makes available to the adult necessary child care services,
and all applicable exemptions. If the Legislature has made a specific
appropriation for transportation services for families who have
exceeded the 60-month time limit and the county has not made this
service available to the adult, as necessary, a sanction shall not be
imposed. These cases shall receive a review pursuant to subdivision
(g) of Section 11320.2 at the 42nd or 54th month of aid in
preparation for this assessment by the county, including reviewing
possible exemptions and discussing possible grant reductions if the
family is not in compliance after the 60 months with the state
participation requirements, as determined by the county. The
individual shall receive notice of the review, which shall include
informing the individual of the risk of having the grant further
reduced by 25 percent if the parent does not comply with CalWORKs
requirements after the 48th or 60th month on aid, as well as
opportunities to come into compliance and services that may be
available from the county.
   (B) If the county determines after the 48th or 60th month on aid
that the adult is not in compliance and does not otherwise meet
exemption criteria, such as SSI eligibility or being an elderly
caregiver, and the service requirements of the county as specified in
subparagraph (A) have been met, then the aid grant shall be
decreased by an amount equal to 25 percent of the child-only portion
of the grant, thus resulting in a grant level equal to 75 percent of
the child-only grant level in the 47th or 59th month, or the month
prior to entering the safety net. Review and assessment pursuant to
paragraph (2) shall be scheduled with the adult in this assistance
unit at this time.
   (C) If the noncompliance persists for three cumulative months
after the grant reduction pursuant to subparagraph (B) the review and
assessment conducted pursuant to paragraph (2), and the county has
met the service requirements specified in subparagraph (A), then the
aid grant shall be decreased by an amount equal to 50 percent of the
child-only aid grant thus resulting in a grant level equal to 50
percent of the child-only grant level in the 47th or 59th month, or
the month prior to entering the safety net.
   (D) At any time, if the noncomplying member is determined to be
exempt from welfare-to-work activities, or comes into compliance with
applicable CalWORKs work requirements, the sanction shall terminate
and the full aid grant amount shall be restored.
   (5) (A) After 60 full months of aid, with respect to an assistance
unit for which there is no adult share due to the adult being (i)
not lawfully present in the United States, (ii) a person described by
Section 608(a)(9)(A) of Title 42 of the United States Code, or (iii)
convicted of any offense classified as a felony by the law of the
jurisdiction involved and that has as an element of the possession,
use, or distribution of a controlled substance, as defined in Section
802(6) of Title 21 of the United States Code, the county shall apply
the sanction provisions contained in subparagraph (B) to the
assistance unit allowing for all applicable exemptions. If the county
makes available to the adult, at county expense or pursuant to a
specific General Fund appropriation, necessary supportive services of
child care and transportation, in addition to community service
opportunities, and the family is in compliance with work requirements
the family shall receive the full child-only grant. These cases
shall receive a self-sufficiency review pursuant to subdivision (g)
of Section 11320.2 at the 54th month of aid, in preparation for this
assessment by the county, including reviewing possible exemptions,
and discussing possible grant reductions if the family is not in
compliance with the state participation requirements after 60 months,
as determined by the county.
   (B) If the county determines after the 60 months of aid that the
adult does not otherwise meet exemption criteria, including those
that acknowledge the adult's inability to work, such as SSI
eligibility or being an elderly caregiver, and the service
requirements of the county as specified in subparagraph (A) have been
met, then the aid grant shall be decreased by an amount equal to 25
percent of the child-only portion of the grant amount, thus resulting
in a grant level equal to 75 percent of the child-only grant level
in the 59th month or the month prior to entering the safety net.
Review and assessment pursuant to paragraph (2) shall be scheduled
with the adult in this assistance unit at this time.
   (C) If the noncompliance persists for three cumulative months
after the review and assessment conducted pursuant to paragraph (2),
and the service requirements of the county as specified in
subparagraph (A) have been met, the family's aid grant shall be
decreased to an amount equal to 50 percent of the child-only portion
of the grant amount, thus resulting in a grant level equal to 50
percent of the child-only grant level in the 59th month prior to
entering the safety net.
   (D) At any time, if the noncomplying member is determined to be
exempt from welfare-to-work activities, or comes into compliance with
applicable CalWORKs work requirements, the sanction shall terminate
and the full aid grant amount shall be restored.
   (e) Sanctions shall become effective on the first day of the first
payment-month that the sanctioned individual's needs are removed or
further reductions are made to aid under this chapter.
   (f) The additional monetary sanctions imposed in subdivision (d)
shall not apply if the only sanctioned individual in the family is a
dependent child.
   (g) The county shall send individuals subject to sanction a notice
by the end of their second cumulative month on sanction, and a
notice by the end of their fifth cumulative month on sanction,
reminding them that their aid will further decrease if the sanction
is not cured by the end of the third or sixth month, respectively.
   (h) In addition to the notice required pursuant to subdivision
(d), counties shall attempt to contact the noncompliant individual
prior to imposing a sanction reducing the family's aid. This contact
may be achieved through telephone calls, letters, home visits, or
some combination of these methods.
   (i) The review and assessment described in paragraph (2) of
subdivision (d) shall be deemed to satisfy the requirements for a
self-sufficiency review pursuant to Section 11320.2 if the review and
assessment occurs within the same month that a self-sufficiency
review under Section 11320.2 would have been scheduled. If failure to
conduct the review or assessment is the result of the recipient's
noncompliance, the sanction or further reduction shall become
effective under this chapter.
   (j) Any review or assessment required under this section may be
conducted through face-to-face meetings or home visits.
   (k) This section shall become operative on July 1, 2011. 

  SEC. 5.  Section 11454 of the Welfare and Institutions Code, as
amended by Section 5 of Chapter 8 of the 4th Extraordinary Session of
the Statutes of 2009, is amended to read:
   11454.  (a) A parent or caretaker relative shall not be eligible
for aid under this chapter when he or she has received aid under this
chapter or from any state under the Temporary Assistance for Needy
Families program (Part A (commencing with Section 401) of Title IV of
the federal Social Security Act (42 U.S.C. Sec. 601 et seq.) for a
cumulative total of  60   six  months.
   (b) No month in which aid has been received prior to January 1,
1998, shall be taken into consideration in computing the 
60-month   six-month  limitation provided for in
subdivision (a).
   (c) Subdivision (a) shall not be applicable when all parent or
caretaker relatives of the aided child who are living in the home of
the child meet any of the following requirements:
   (1) They are 60 years of age or older.
   (2) They meet one of the conditions specified in paragraph (4) or
(5) of subdivision (b) of Section 11320.3.
   (3) They are not included in the assistance unit.
   (4) They are receiving benefits under Section 12200 or Section
12300, State Disability Insurance benefits or Workers' Compensation
Temporary Disability Insurance, if the disability significantly
impairs the recipient's ability to be regularly employed or
participate in welfare-to-work activities.
   (5) They are incapable of maintaining employment or participating
in welfare-to-work activities, as determined by the county, based on
the assessment of the individual and the individual has a history of
participation and full cooperation in welfare-to-work activities.

   (d) This section shall remain in effect only until July 1, 2011,
and as of that date is repealed. 
  SEC. 6.  Section 11454 of the Welfare and Institutions Code, as
added by Section 6 of Chapter 8 of the 4th Extraordinary Session of
the Statutes of 2009, is repealed. 
   11454.  (a) A parent or caretaker relative shall not be eligible
for aid under this chapter when he or she has received aid under this
chapter or from any state under the Temporary Assistance for Needy
Families program (Part A (commencing with Section 401) of Title IV of
the federal Social Security Act (42 U.S.C. Sec. 601 et seq.) for a
cumulative total of 60 months.
                                               (b) No month in which
aid has been received prior to January 1, 1998, shall be taken into
consideration in computing the 60-month limitation provided for in
subdivision (a), or the 48-month limitation provided for in
subdivision (e).
   (c) Subdivision (a) shall not be applicable when all parent or
caretaker relatives of the aided child who are living in the home of
the child meet any of the following requirements:
   (1) They are 60 years of age or older.
   (2) They meet one of the conditions specified in paragraph (4) or
(5) of subdivision (b) of Section 11320.3.
   (3) They are not included in the assistance unit.
   (4) They are receiving benefits under Section 12200 or Section
12300, State Disability Insurance benefits or Workers' Compensation
Temporary Disability Insurance, if the disability significantly
impairs the recipient's ability to be regularly employed or
participate in welfare-to-work activities.
   (5) They are incapable of maintaining employment or participating
in welfare-to-work activities, as determined by the county, based on
the assessment of the individual and the individual has a history of
participation and full cooperation in welfare-to-work activities.
   (d) A month in which an individual is under sanction for
noncompliance pursuant to Section 11327.5 shall be taken into
consideration in computing the 60-month time limit on receipt of cash
assistance pursuant to subdivision (a), but shall not be counted for
purposes of the receipt of welfare-to-work services pursuant to
Section 11320.
   (e) The 60-month benefit limit provided for in subdivision (a)
shall apply, except that aid may not be received for more than 48
cumulative months in any 60-month period. The adult may return to the
assistance unit 12 months after receiving aid for the 48 cumulative
months. In the absence of a sanction pursuant to Section 11327.5, the
full grant shall be restored at the time the adult returns to the
assistance unit.
   (f) This section shall become operative on July 1, 2011.
   (g) Counties shall notify families of the reduction in time
limitations specified in this section, within a reasonable time
following the effective date of this section. 
  SEC. 7.  Section 17021 of the Welfare and Institutions Code is
amended to read:
   17021.  (a) Any individual who is not eligible for aid under
Chapter 2 (commencing with Section 11200) of Part 3 as a result of
the  60-month   six-month  limitation
specified in subdivision (a) of Section 11454 shall not be eligible
for aid or assistance under this part until all of the children of
the individual on whose behalf aid was received, whether or not
currently living in the home with the individual, are 18 years of age
or older.
   (b) Any individual who is receiving aid under Chapter 2
(commencing with Section 11200) of Part 3 on behalf of an eligible
child, but who is either ineligible for aid or whose needs are not
otherwise taken into account in determining the amount of aid to the
family pursuant to Section 11450 due to the imposition of a sanction
or penalty, shall not be eligible for aid or assistance under this
part.
   (c) This section shall not apply to health care benefits provided
under this part.
  SEC. 8.  (a) It is the intent of the Legislature in enacting this
act to establish a six-month time limit in the receipt of CalWORKs
benefits.
   (b) It is the further intent of the Legislature to enact
legislation to conform existing law to this six-month time limit, in
areas including, but not limited to, reporting procedures,
self-sufficiency reviews, and coordination with the provision of
CalFresh benefits.
  SEC. 9.  The changes made to the Welfare and Institutions Code by
this act shall become operative 90 days after the effective date of
the act.