BILL NUMBER: AB 2311 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 23, 2014
INTRODUCED BY Assembly Member Bradford
FEBRUARY 21, 2014
An act to amend amend, repeal, and add
Section 17001.5 of the Welfare and Institutions Code, relating
to public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2311, as amended, Bradford. General assistance: employable
veterans.
Existing law requires each county to provide aid to its indigent
residents not supported by other means. These county programs are
known as general assistance programs.
Existing law permits a county to prohibit an employable individual
from receiving general assistance benefits for more than 3 months in
any 12-month period, whether or not the months are consecutive, if
he or she has been offered an opportunity to attend job skills or job
training sessions.
This bill would provide that the prohibition shall not
apply to would, commencing July 1, 2015, exempt from
that prohibition an employable veteran who was honorably
discharged from the armed forces Armed
Forces, unless the county enacts an ordinance making the prohibition
applicable to an employable veteran who was honorably discharged from
the Armed Forces . By expanding
requiring a county to expand eligibility for general assistance
programs, or enact an ordinance to make the prohibition
applicable to an employable veteran, this bill would impose a
state-mandated local 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 1. This act shall be known and may be cited as the General
Assistance "Thank You For Your Service" Act of 2014.
SEC. 2. Section 17001.5 of the Welfare and Institutions Code is
amended to read:
17001.5. (a) Notwithstanding any other law, including, but not
limited to, Section 17000.5, the board of supervisors of each county,
or the agency authorized by the county charter, may do any of the
following:
(1) (A) Adopt residency requirements for purposes of determining a
persons' eligibility for general assistance. Any residence
requirement under this paragraph shall not exceed 15 days.
(B) Nothing in this paragraph shall be construed to authorize the
adoption of a requirement that an applicant or recipient have an
address or to require a homeless person to acquire an address.
(2) (A) Establish a standard of general assistance for applicants
and recipients who share housing with one or more unrelated persons
or with one or more persons who are not legally responsible for the
applicant or recipient. The standard of general assistance aid
established pursuant to Section 17000.5 for a single adult applicant
or recipient may be reduced pursuant to this paragraph by not more
than the following percentages, as appropriate:
(i) Fifteen percent if the applicant or recipient shares housing
with one other person described in this subparagraph.
(ii) Twenty percent if the applicant or recipient shares housing
with two other persons described in this subparagraph.
(iii) Twenty-five percent if the applicant or recipient shares
housing with three or more other persons described in this paragraph.
(B) Any standard of aid adopted pursuant to this paragraph shall
constitute a sufficient standard of aid for any recipient who shares
housing.
(C) Counties with shared housing reductions larger than the
amounts specified in subparagraph (A) as of August 19, 1992, may
continue to apply those adjustments.
(3) Discontinue aid under this part for a period of not more than
180 days with respect to any recipient who is employable and has
received aid under this part for three months if the recipient
engages in any of the following conduct:
(A) Fails, or refuses, without good cause, to participate in a
qualified job training program, participation of which is a condition
of receipt of assistance.
(B) After completion of a job training program, fails, or refuses,
without good cause, to accept an offer of appropriate employment.
(C) Persistently fails, or refuses, without good cause, to
cooperate with the county in its efforts to do any of the following:
(i) Enroll the recipient in a job training program.
(ii) After completion of a job training program, locate and secure
appropriate employment for the recipient.
(D) For purposes of this paragraph, lack of good cause may be
demonstrated by a showing of any of the following:
(i) The willful failure, or refusal, of the recipient to
participate in a job training program, accept appropriate employment,
or cooperate in enrolling in a training program or locating
employment.
(ii) Not less than three separate acts of negligent failure of the
recipient to engage in any of the activities described in clause
(i).
(4) Prohibit an employable individual, other than an
employable veteran who was honorably discharged from the armed
forces, individual from receiving aid under this
part for more than three months in any 12-month period, whether or
not the months are consecutive. This paragraph shall apply to aid
received on or after the effective date of this paragraph. This
paragraph shall apply only to those individuals who have been offered
an opportunity to attend job skills or job training sessions.
(5) Notwithstanding paragraph (3), discontinue aid to, or
sanction, recipients for failure or refusal without good cause to
follow program requirements. For purposes of this subdivision, lack
of good cause may be demonstrated by a showing of either (A) willful
failure or refusal of the recipient to follow program requirements,
or (B) not less than three separate acts of negligent failure of the
recipient to follow program requirements.
(b) (1) The Legislative Analyst shall conduct an evaluation of the
impact of this section on general assistance recipients and
applicants.
(2) The evaluation required by paragraph (1) shall include, but
need not be limited to, all of the following:
(A) The impact on the extent of homelessness among applicants and
recipients of general assistance.
(B) The rate at which recipients of general assistance are
sanctioned by county welfare departments.
(C) The impact of the 15-day residency requirement on applicants
or recipients of general assistance, including how often the
requirement is invoked.
(3) The Legislative Analyst shall, in the conduct of the study
required by this section, consult with the State Department of Social
Services, the County Welfare Directors Association, and
organizations that advocate on behalf of recipients of general
assistance.
(c) A county may provide aid pursuant to Section 17000.5 either by
cash assistance, in-kind aid, a two-party payment, voucher payment,
or check drawn to the order of a third-party provider of services to
the recipient. Nothing shall restrict a county from providing more
than one method of aid to an individual recipient.
(d) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 3. Section 17001.5 is added to the
Welfare and Institutions Code , to read:
17001.5. (a) Notwithstanding any other law, including, but not
limited to, Section 17000.5, the board of supervisors of each county,
or the agency authorized by the county charter, may do any of the
following:
(1) (A) Adopt residency requirements for purposes of determining a
person's eligibility for general assistance. Any residence
requirement under this paragraph shall not exceed 15 days.
(B) Nothing in this paragraph shall be construed to authorize the
adoption of a requirement that an applicant or recipient have an
address or to require a homeless person to acquire an address.
(2) (A) Establish a standard of general assistance for applicants
and recipients who share housing with one or more unrelated persons
or with one or more persons who are not legally responsible for the
applicant or recipient. The standard of general assistance aid
established pursuant to Section 17000.5 for a single adult applicant
or recipient may be reduced pursuant to this paragraph by not more
than the following percentages, as appropriate:
(i) Fifteen percent if the applicant or recipient shares housing
with one other person described in this subparagraph.
(ii) Twenty percent if the applicant or recipient shares housing
with two other persons described in this subparagraph.
(iii) Twenty-five percent if the applicant or recipient shares
housing with three or more other persons described in this paragraph.
(B) Any standard of aid adopted pursuant to this paragraph shall
constitute a sufficient standard of aid for any recipient who shares
housing.
(C) Counties with shared housing reductions larger than the
amounts specified in subparagraph (A) as of August 19, 1992, may
continue to apply those adjustments.
(3) Discontinue aid under this part for a period of not more than
180 days with respect to any recipient who is employable and has
received aid under this part for three months if the recipient
engages in any of the following conduct:
(A) Fails, or refuses, without good cause, to participate in a
qualified job training program, participation of which is a condition
of receipt of assistance.
(B) After completion of a job training program, fails, or refuses,
without good cause, to accept an offer of appropriate employment.
(C) Persistently fails, or refuses, without good cause, to
cooperate with the county in its efforts to do any of the following:
(i) Enroll the recipient in a job training program.
(ii) After completion of a job training program, locate and secure
appropriate employment for the recipient.
(D) For purposes of this paragraph, lack of good cause may be
demonstrated by a showing of any of the following:
(i) The willful failure, or refusal, of the recipient to
participate in a job training program, accept appropriate employment,
or cooperate in enrolling in a training program or locating
employment.
(ii) Not less than three separate acts of negligent failure of the
recipient to engage in any of the activities described in clause
(i).
(4) (A) Prohibit an employable individual, other than an
employable veteran who was honorably discharged from the Armed
Forces, from receiving aid under this part for more than three months
in any 12-month period, whether or not the months are consecutive.
This paragraph shall apply only to those individuals who have been
offered an opportunity to attend job skills or job training sessions.
(B) The board of supervisors of a county may enact an ordinance
providing that any employable individual is subject to the limitation
contained in subparagraph (A) notwithstanding the fact that he or
she is an employable veteran who was honorably discharged from the
armed forces.
(5) Notwithstanding paragraph (3), discontinue aid to, or
sanction, recipients for failure or refusal without good cause to
follow program requirements. For purposes of this subdivision, lack
of good cause may be demonstrated by a showing of either (A) willful
failure or refusal of the recipient to follow program requirements,
or (B) not less than three separate acts of negligent failure of the
recipient to follow program requirements.
(b) (1) The Legislative Analyst shall conduct an evaluation of the
impact of this section on general assistance recipients and
applicants.
(2) The evaluation required by paragraph (1) shall include, but
need not be limited to, all of the following:
(A) The impact on the extent of homelessness among applicants and
recipients of general assistance.
(B) The rate at which recipients of general assistance are
sanctioned by county welfare departments.
(C) The impact of the 15-day residency requirement on applicants
or recipients of general assistance, including how often the
requirement is invoked.
(3) The Legislative Analyst shall, in the conduct of the study
required by this section, consult with the State Department of Social
Services, the County Welfare Directors Association, and
organizations that advocate on behalf of recipients of general
assistance.
(c) A county may provide aid pursuant to Section 17000.5 either by
cash assistance, in-kind aid, a two-party payment, voucher payment,
or check drawn to the order of a third-party provider of services to
the recipient. Nothing shall restrict a county from providing more
than one method of aid to an individual recipient.
(d) This section shall become operative on July 1, 2015.
SEC. 3. 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.