AB 197, as introduced, Stone. CalWORKs eligibility: asset limits: vehicles.
Existing federal law provides for the allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states, with California’s version of this program known as the California Work Opportunity and Responsibility to Kids (CalWORKs) program. Under the CalWORKs program, each county provides cash assistance and other benefits to qualified low-income families and individuals who meet specified eligibility criteria. Existing law imposes limits on the amount of income and personal and real property an individual or family may possess in order to be eligible for public aid, including under the CalWORKs program, including specifying the allowable value of a licensed vehicle retained by an applicant for, or recipient of, that aid.
This bill would delete existing requirements for assessing the value of a motor vehicle for purposes of eligibility for public aid, including the CalWORKs program. The bill would exclude the value of a licensed motor vehicle from consideration when determining or redetermining eligibility for aid. By increasing the duties of counties administering the CalWORKs program, this bill would impose a state-mandated local program.
Existing law continually appropriates money from the General Fund to pay for a share of aid grant costs under the CalWORKs program.
This bill would declare that no appropriation would be made for purposes of the bill pursuant to the provision continuously appropriating funds for the CalWORKs program.
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 11155 of the Welfare and Institutions
2Code is amended to read:
(a) Notwithstanding Section 11257, in addition to the
4personal property or resources permitted by other provisions of
5this part, and to the extent permitted by federal law, an applicant
6or recipient for aid under thisbegin delete chapterend deletebegin insert chapter,end insert including an
7applicant or recipient under Chapter 2 (commencing with Section
8begin delete 11200)end deletebegin insert 11200),end insert may retain countable resources in an amount equal
9to the amount permitted under federal law for qualification for the
10federal Supplemental Nutrition Assistance Program, administered
11in California as CalFresh.
12(b) The county shall determine the value of exempt personal
13property other than motor vehicles in conformance with methods
14established under CalFresh.
15(c) begin delete(1)end deletebegin delete end deleteThe value ofbegin delete licensed vehiclesend deletebegin insert
a motor vehicleend insert shall be
16begin delete the greater of the fair market value as provided in paragraph (3) end delete
17begin deleteor the equity value, as provided in paragraph (5), unless an end delete
18begin deleteexemption as provided in paragraph (2) appliesend deletebegin insert excluded from end insert
19begin insertconsideration as property when determining and redetermining end insert
20begin inserteligibility for applicants and recipientsend insert.
21(2) The entire value of any licensed vehicle shall be exempt if
22any of the following apply:
23(A) It is used primarily for income-producing purposes.
end delete
P3 1(B) It annually produces income that is consistent with its fair
2market value, even if used on a seasonal basis.
3(C) It is necessary for long distance travel, other than daily
4commuting, that is essential for the employment of a family
5member.
6(D) It is used as the family’s residence.
end delete
7(E) It is necessary to transport a physically disabled family
8member, including an excluded disabled family member, regardless
9of the purpose of the transportation.
10(F) It would be exempted under any of subparagraphs (A) to
11(D), inclusive, but the vehicle is not in use because of temporary
12unemployment.
13(G) It is used to carry fuel for heating for home use, when the
14transported fuel or water is the primary source of fuel or water for
15the family.
16(H) The equity value of the vehicle is one thousand five hundred
17one dollars ($1,501) or less.
18(3) Each licensed vehicle that is not exempted under paragraph
19(2) shall be individually evaluated for fair market value, and any
20portion of the value that exceeds four thousand six hundred fifty
21dollars ($4,650) shall be attributed in full market value toward the
22family’s resource level, regardless of any encumbrances on the
23vehicle, the amount of the family’s investment in the vehicle, and
24whether the vehicle is used to transport family members to and
25from employment.
26(4) Any licensed vehicle that is evaluated for fair market value
27shall also be evaluated for its equity value, except for the following:
28(A) One licensed vehicle per adult family member, regardless
29of the use of the vehicle.
30(B) Any licensed vehicle, other than those to which
31subparagraph (A) applies, that is driven by a family member under
3218 years of age to commute to, and return from his or her place of
33employment or place of training or education that is preparatory
34to employment, or to seek employment. This subparagraph applies
35only to vehicles used during a temporary period of unemployment.
36(5) For purposes of this section, the equity value of a licensed
37vehicle is the fair market value less encumbrances.
38(d) The value of any unlicensed vehicle shall be the fair market
39value less encumbrances, unless an exemption applies under
40paragraph (2).
Section 11155.1 of the Welfare and Institutions Code
2 is amended to read:
(a) Notwithstanding Sections 11155 and 11257, the
4department shall seek any federal approvals necessary to conduct
5a demonstration program increasing the value of personal property
6that may be retained by a recipient of aid under Chapter 2
7(commencing with Section 11200) to two thousand dollars ($2,000)
8begin delete and increasing the value of the exemption for an automobile to end delete
9begin deletefour thousand five hundred dollars ($4,500)end delete. The increased property
10begin delete limitsend deletebegin insert limitend insert shall not apply to applicants.
11(b) This section shall be implemented only if the director
12executes a declaration, that shall be retained by the director, stating
13that federal approval for the implementation of this section has
14been obtained and specifying the duration of that approval.
Section 11257 of the Welfare and Institutions Code is
16amended to read:
(a) To the extent not inconsistent with Sections
18begin insert 11004.1,end insert 11265.1, 11265.2,begin insert andend insert 11265.3,begin delete andend deletebegin delete 11004.1,end delete no aid
19under this chapter shall be granted or paid for any child who has
20real or personal property, the combined market value reduced by
21any obligations or debts with respect to this property of which
22exceeds one thousand dollars ($1,000), or for any child or children
23in one family who have, or whose parents have, or the child or
24children and parents have, real and personal property the combined
25market value reduced by any obligations or debts with respect to
26this property which exceeds one thousand dollars ($1,000).
27For purposes of this subdivision, real and personal property shall
28be considered both when actually available and when the applicant
29or recipient has a legal interest in a liquidated sum and has the
30legal ability to make that sum available for support and
31maintenance.
32(b) Notwithstanding subdivision (a) above, an applicant or
33
recipient may retain the following:
34(1) Personal or real property owned by him or her, or in
35combination with any other person, without reference to its value,
36if it serves to provide the applicant or recipient with a home. If the
37basic home is a unit in a multiple dwelling, then only that unit
38shall be exempt.
39For the purposes of paragraph (1), if an applicant has entered
40into a marital separation for the purpose of trial or legal separation
P5 1or dissolution, real property which was the usual home of the
2applicant shall be exempt for three months following the end of
3the month in which aid begins. If the recipient was receiving aid
4when the marital separation occurred, the period of exemption
5shall be three months following the end of the month in which the
6separation occurs. To remain exempt following this three-month
7period, the home must be occupied by the recipient, or be
8unavailable for use,
control, and possession due to legal
9proceedings affecting a property settlement or sale of the property.
10(2) Personal property consisting of one automobile with
11maximum equity value as permitted by federal law.
12(3)
end delete
13begin insert(2)end insert In addition to the foregoing, the director may at his or her
14discretion, and to the extent permitted by federal law, exempt other
15items of personal property not exempted under this section.
No appropriation pursuant to Section 15200 of the
17Welfare and Institutions Code shall be made for the purposes of
18this act.
If the Commission on State Mandates determines
20that this act contains costs mandated by the state, reimbursement
21to local agencies and school districts for those costs shall be made
22pursuant to Part 7 (commencing with Section 17500) of Division
234 of Title 2 of the Government Code.
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