BILL ANALYSIS                                                                                                                                                                                                    

                                                                  AB 74
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          (  Without Reference to File  )

          AB 74 (Budget Committee)
          As Amended  June 12, 2013
          Majority vote.  Budget Bill Appropriation Takes Effect  
          |ASSEMBLY:  |     |(May 13, 2013)  |SENATE: |28-10|      (June    |
          |           |     |                |        |     |14, 2013)      |
                    (vote not relevant)                
           Original Committee Reference:    BUDGET  

           SUMMARY  :  Contains statutory and technical changes necessary to  
          implement the Budget Act of 2013 relating to human services.  

           The Senate amendments  delete the Assembly version of this bill,  
          and instead: 

          1)Conform state statute regarding the In-Home Supportive  
            Services (IHSS) Authority (Statewide Authority) to the process  
            that applies when negotiations take place.  Authorize the  
            Statewide Authority to implement any or all of its last, best,  
            and final offer and would require that any proposal in the  
            Statewide Authority's last, best, and final offer be presented  
            to the Legislature for approval if it would conflict with  
            existing statutes or require the expenditure of funds.  

          2)Exempt the Statewide Authority from public meeting  
            requirements involving confidential discussions relating to  
            bargaining and personnel issues. 

          3)Delete the specified timing (currently the 2012-13 fiscal  
            year) by which the Department of Social Services (DSS) must  
            use a new rate-setting methodology, developed after  
            consultation with specified stakeholders, for estimating IHSS  
            public authorities' administrative costs.

          4)Enact limitations on the placement of children ages 6 to 12  
            in-group homes.  Require the deputy director or director of  
            the county child welfare department or an assistant chief  
            probation officer or chief probation officer of the county  


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            probation department to make findings that would authorize the  
            extension of the 60-day group home placement limitation for  
            children under six years of age, and creates requirements  
            relating to placements that extend beyond 120 days.  Enact  
            similar provisions for a dependent child 6 to 12 years of age,  
            inclusive, and would require DSS to adopt regulations to  
            implement these provisions, if DSS determines that regulations  
            are necessary.  

          5)State the Legislature's intent that no child or youth in  
            foster care reside in-group care for longer than one year, and  
            would require DSS to provide updates to the Legislature,  
            commencing no later than January 1, 2014, regarding the  
            outcomes of assessments of children and youth who have been in  
            group homes for longer than one year.  

          6)Extend by one-year provisions that limit exceptions to a  
            moratorium on the licensing of new group homes or approvals of  
            specified changes for existing providers.  The larger  
            moratorium was initially established as part of 2010-11  
            Budget, and the limitations on exceptions were established by  
            the 2012-13 Budget.

          7)Extend, through 2014-15, the suspension of a prohibition on  
            the state charging fees for fingerprinting in order to conduct  
            background checks of applicants for licenses to operate  
            specified community care facilities that serve children.

          8)Make technical and conforming changes regarding the Resource  
            Family Approval (RFA) program, consistent with Child Welfare  
            Services programmatic realignment legislation passed as part  
            of the 2012-13 Budget, which changed the pilot program to a  
            permanent, statewide program.  Delete references to pilot  
            project counties and refer instead to early implementation  
            counties.  The RFA program requires DSS to implement a  
            unified, family friendly, and child-centered resource family  
            approval process to replace the existing multiple processes  
            for licensing foster family homes, approving relatives and  
            nonrelative extended family members as foster care providers,  
            and approving adoptive families. 

          9)Revise provisions relating to the allowable value of a  
            licensed vehicle retained by an applicant or recipient of  
            California Work Opportunity and Responsibility to Kids  
            (CalWORKs) aid, by, among other things, requiring that the  


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            equity value of each licensed vehicle not be greater than  

          10)Revise, commencing January 1, 2014, the procedures relating  
            to an applicant's job search participation by requiring an  
            applicant, after receiving an orientation and appraisal, to  
            participate in job search and job club, family stabilization  
            pursuant to specified criteria, or substance abuse, mental  
            health, or domestic violence services, unless the county  
            determines that the participant should first receive a  
            specified assessment.  With respect to the family services  
            component, authorizes a recipient to participate if the county  
            determines that his or her family is experiencing an  
            identified situation or crisis that is destabilizing the  
            family and would interfere with participation in  
            welfare-to-work activities and services.  

          11)Require DSS, in consultation with the County Welfare  
            Directors Association of California, to develop an allocation  
            methodology to distribute additional funding for expanded  
            subsidized employment programs for CalWORKs recipients.   
            Require counties that accept additional funding pursuant to  
            these provisions to continue to expend no less than the  
            aggregate amount of county funds that the county expended for  
            public and private sector subsidized employment in the 2012-13  
            fiscal year.

          12)Extend by one year (through the 2013-14 state fiscal year) a  
            "match waiver" policy in the CalFresh program that was in  
            effect for the 2010-11 through 2012-13 state fiscal years.   
            Under the waiver, counties are allowed to draw down the full  
            state General Fund allocation for CalFresh administration  
            without meeting their share of nonfederal costs for the amount  
            above an applicable maintenance of effort requirement (which  
            is tied to 1996-97 expenditures).  

          13)Revise the timeframes for mailing out and receipt of the  
            certificate of eligibility required for the annual  
            redetermination for both CalWORKs and CalFresh programs.   
            Require counties to use information reported on the semiannual  
            report form or the annual certificate of eligibility to  
            prospectively determine eligibility and the grant amount for  
            each semiannual reporting period.  

          14)Require both DSS and the Department of Community Services and  


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            Development to report if there is a service demand that  
            exceeds the allocation funding for the federal Low-Income Home  
            Energy Assistance Program (LIHEAP) benefit.  This report shall  
            be made to the Legislature and a plan shall be developed to  
            maintain the program as intended.  Require DSS to ensure that  
            the receipt of the nominal LIHEAP service benefit does not  
            adversely affect a CalFresh household's eligibility or reduce  
            the household's CalFresh benefits.  Provide that if use of the  
            full standard utility allowance, rather than the homeless  
            shelter deduction, results in a lower amount of CalFresh  
            benefits for a homeless household, the homeless household  
            would be entitled to use the homeless shelter deduction.  

          15)Authorize DSS to implement specified sections of this act by  
            all-county letters or similar instructions, pending the  
            adoption of emergency regulations by July 1, 2015.  

          16)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  
            existing law. 

          17)Reappropriate the balance of specified appropriations made in  
            the 2011 and 2012 Budget Acts to DSS for the purposes provided  
            for in those appropriations, to be available for encumbrance  
            and expenditure until June 30, 2014, thereby making an  

          18)Contain an appropriation allowing this bill to take effect  
            immediately upon enactment.

           Analysis Prepared by  :   Nicole Vazquez / BUDGET / (916) 319-2099

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