BILL NUMBER: AB 1094	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 24, 2013

INTRODUCED BY   Assembly Member Brown
    (   Coauthors:   Assembly Members 
 Ammiano,   Chávez,   Chesbro,  
Grove,   and Wilk   ) 

                        FEBRUARY 22, 2013

   An act to amend Section 11451.5 of the Welfare and Institutions
Code, relating to CalWORKs.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1094, as amended, Brown. CalWORKs: eligibility.
   (1) 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 under which each county provides cash assistance and other
benefits to qualified low-income families.  Existing law requires
a county to redetermine the amount of a CalWORKs grant on a
semiannual basis, as specified.  Under existing law, certain
amounts are exempt from the calculation of income of the family for
purposes of determining  eligibility for benefits 
 the amount of a   grant  under the CalWORKs
program  . Certain exempt amounts are calculated based on the
amount of   , including  disability-based unearned
income  and earned income   , as specified
 . Under existing law, disability-based unearned income means
state disability insurance benefits, private disability insurance
benefits, temporary workers' compensation benefits, and social
security disability benefits  . 
   This bill would expand the definition of disability-based unearned
income to include veteran's disability compensation. To the extent
that this bill would  expand CalWORKs eligibility, and by
increasing   increase  county administrative
duties, the bill would impose a state-mandated local program.
   (2) Existing law continuously appropriates moneys from the General
Fund to defray a portion of county costs under the CalWORKs program.

   This bill would instead provide that the continuous appropriation
would not be made for purposes of implementing the bill.
   (3) 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 11451.5 of the Welfare and Institutions Code,
as amended by Section 30 of Chapter 439 of the Statutes of 2012, is
amended to read:
   11451.5.  (a) The following income shall be exempt from the
calculation of the income of the family for purposes of subdivision
(a) of Section 11450:
   (1) If disability-based unearned income does not exceed two
hundred twenty-five dollars ($225), both of the following amounts:
   (A) All disability-based unearned income, plus any amount of not
otherwise exempt earned income equal to the amount of the difference
between the amount of disability-based unearned income and two
hundred twenty-five dollars ($225).
   (B) Fifty percent of all not otherwise exempt earned income in
excess of the amount applied to meet the differential applied in
subparagraph (A).
   (2) If disability-based unearned income exceeds two hundred
twenty-five dollars ($225), both of the following amounts:
   (A) All of the first two hundred twenty-five dollars ($225) in
disability-based unearned income.
   (B) Fifty percent of all earned income.
   (b) For purposes of this section:
   (1) Earned income means gross income received as wages, salary,
employer-provided sick leave benefits, commissions, or profits from
activities such as a business enterprise or farming in which the
recipient is engaged as a self-employed individual or as an employee.

   (2) Disability-based unearned income means state disability
insurance benefits, private disability insurance benefits, temporary
workers' compensation benefits, social security disability benefits,
and  any  veteran's disability compensation.
   (3) Unearned income means any income not described in paragraph
(1) or (2).
   (c) This section shall become operative on October 1, 2013.
  SEC. 2.  Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the  department   State Department of Social
Services  shall implement the changes made to Section 11451.5 of
the Welfare and Institutions Code by Section 1 of this act by means
of an all-county letter or similar instruction without taking
regulatory action. The all-county letter or similar instruction shall
be issued on or before  January   July  1,
2014.
  SEC. 3.  No appropriation pursuant to Section 15200 of the Welfare
and Institutions Code shall be made for purposes of this act.
  SEC. 4.  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.