BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1742


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          ASSEMBLY THIRD READING


          AB  
          1742 (Mark Stone)


          As Amended  May 31, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Human Services  |6-0  |Bonilla, Calderon,    |                    |
          |                |     |Lopez, Maienschein,   |                    |
          |                |     |Mark Stone, Thurmond  |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |15-2 |Gonzalez, Bloom,      |Bigelow, Gallagher  |
          |                |     |Bonilla, Bonta,       |                    |
          |                |     |Calderon, Chang,      |                    |
          |                |     |Daly, Eggman, Eduardo |                    |
          |                |     |Garcia, Roger         |                    |
          |                |     |Hernández, Holden,    |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Weber, Wood           |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Increases the CalWORKs earned income disregard to  
          support employment.  Specifically, this bill:








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          1)Increases the amount of income disregarded when calculating  
            CalWORKs eligibility and aid amounts from $225 plus 50% of the  
            remaining earned income to $450 and 70% of the remaining  
            earned income, as specified.


          2)Provides that no appropriation shall be made to implement the  
            provisions of this bill.


          EXISTING LAW: 


          1)Establishes under federal law the Temporary Assistance for  
            Needy Families (TANF) program to provide aid and  
            welfare-to-work services to eligible families and, in  
            California, provides that TANF funds for welfare-to-work  
            services are administered through the CalWORKs program.  (42  
            United States Code 601 et seq., Welfare and Institutions Code  
            Section (WIC) 11200 et seq.) 


          2)Establishes income, asset and real property limits used to  
            determine eligibility for the program, including net income  
            below the Maximum Aid Payment (MAP), based on family size and  
            county of residence, which is around 40% of the Federal  
            Poverty Level.  (WIC 11150 to 11160, 11450 et seq.)



          3)Defines disability-based unearned income, within the CalWORKs  
            program, as state disability insurance benefits, private  
            disability insurance benefits, temporary workers' compensation  
            benefits, social security disability benefits, and any  
            veteran's disability compensation.  (WIC 11451.5)



          4)Defines earned income as gross income received as wages,  








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            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.  (WIC 11451.5)



          5)Exempts the following when calculating a family's income for  
            the purpose of determining CalWORKs eligibility:  



             If the family's disability-based unearned income does not  
            exceed $225



              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 $225.


               b)     Fifty percent of all not otherwise exempt earned  
                 income in excess of the amount applied to the difference  
                 between the amount of disability-based income and $225.  
             If the family's disability-based unearned income exceeds $225


             a)   All of the first $225 in disability-based unearned  
               income.
             b)   Fifty percent of all earned income.  (WIC 11451.5)


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, this bill may result in the following costs:


          1)Estimated overall total cost of approximately $151 million  








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            ($7.8 million General Fund) in Fiscal Year (FY) 2016-17 and  
            approximately $292.9 million ($15.8 million General Fund) in  
            FY 2017-18 and $287.4 million ($15.7 million General Fund)  
            on-going, based on an average monthly CalWORKs caseload of  
            just under 500,000. 
          2)Automation costs in the hundreds of thousands of dollars to  
            the Department of Social Services resulting from required  
            changes to the Statewide Automated Welfare System.


          COMMENTS:


          CalWORKs:  The CalWORKs program provides monthly income  
          assistance and employment-related services aimed at moving  
          children out of poverty and helping families meet basic needs.   
          Federal funding for CalWORKs comes from the TANF block grant.   
          The average 2016-17 monthly cash grant for a family of three on  
          CalWORKs (one parent and two children) is $497.35, and the  
          maximum monthly grant amount for a family of three, if the  
          family has no other income and lives in a high-cost county, is  
          $704.  According to recent data from the California Department  
          of Social Services, around 497,000 families rely on CalWORKs,  
          including over one million children.  Nearly 60% of cases  
          include children under 6 years old.


          Maximum grant amounts in high-cost counties of $704 per month  
          for a family of three, with no other income, means $23.46 per  
          day, per family, or $7.82 per family member, per day to meet  
          basic needs, including rent, clothing, utility bills, food, and  
          anything else a family needs to ensure children can be cared for  
          at home and safely remain with their families.  This grant  
          amount puts the annual household income at $8,448 per year, or  
          42% of poverty.  Federal Poverty Guidelines for 2016 show that  
          100% of poverty for a family of three is $20,160 per year.  


          Earned Income Disregard (EID):  While the maximum CalWORKs grant  








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          amounts for high-cost counties and low-cost counties are $704  
          and $670, respectively, the average monthly grant amount across  
          the state is much lower at $497 per month, as it reflects a  
          reduction in the maximum grant due to other income in a  
          recipient family's household.  By allowing a certain amount of  
          income to be retained and excluded from grant calculations, the  
          EID plays a major role in facilitating and encouraging paid  
          employment.  


          Among adults who are living with their families in poverty and  
          applying for CalWORKs assistance due to unemployment or  
          underemployment, the EID also facilitates working adults'  
          ability to work more hours and seek higher wages that don't  
          fully offset the grant amount they could otherwise receive  
          without any income.  Under current law, the first $225 of an  
          adult recipient's gross earned income is disregarded from  
          CalWORKs grant calculations, then 50% of the remaining income is  
          disregarded, with the other 50% constituting the first portion  
          of what would otherwise be the recipient's grant amount based on  
          the maximum amount allowed.  For example, a recipient with a  
          monthly income of $700 will have the first $225 disregarded,  
          leaving $475 from which another 50% will be disregarded.  This  
          will leave $237.50 in income that will be counted when  
          calculating the family's grant amount; the grant amount in a  
          high-cost county would be $466.50 ($704 - $237.50), and the  
          grant in a low-cost county would be $432.50 ($670 - $237.50). 


          Need for this bill:  During the Great Recession, the Legislature  
          enacted a number of cuts to the state's safety net programs,  
          including CalWORKs grant reductions and reductions in the EID.   
          The 2011 Human Services Budget Trailer Bill, SB 72 (Budget and  
          Fiscal Review Committee), Chapter 8, Statutes of 2011, reduced  
          the EID to $112 plus 50% of the remaining earned income, causing  
          more of a family's monthly income to count against the maximum  
          grant amount and thereby reducing a family's total monthly  
          income.  A year later, when numerous other changes were enacted  
          within the CalWORKs program, the EID was restored to the first  








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          $225 and 50% of remaining countable income.  The author of this  
          bill is seeking to continue the trend of increasing the EID in  
          order to facilitate families' ability to increase earnings and  
          build financial stability as they participate in education  
          programs and transition to work.


          The author states:  "According to the Federal Supplemental  
          Poverty Measure, nearly a quarter of Californians live in  
          poverty.  While California as a whole has recovered from the  
          Great Recession, the recovery has been uneven, and many  
          impoverished Californians continue to struggle.  According to  
          the Public Policy Institute of California, the 2014  
          post-recession poverty rate in the state was 16.4%, a 4%  
          increase from the prerecession levels of 2007.  Poverty,  
          particularly childhood poverty, results in a variety of negative  
          short- and long-term outcomes for families.  It is in the  
          state's interest to pursue a multi-pronged approach to reduce  
          poverty amongst Californians.  An EID increase is a necessary  
          strategy to pursue in the fight against poverty."


          Analysis Prepared by:                                             
                          Daphne Hunt / HUM. S. / (916) 319-2089  FN:  
          0003310