Amended in Assembly April 6, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1790


Introduced by Assembly Member Weber

February 4, 2016


An act to add Section 11322.81 to the Welfare and Institutions Code, relating to CalWORKs.

LEGISLATIVE COUNSEL’S DIGEST

AB 1790, as amended, Weber. CalWORKs: welfare-to-work.

Existing law establishes 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 using federal, state, and county funds. Existing law requires a recipient of CalWORKs to participate in welfare-to-work activities as a condition of eligibility. Existing law limits the time period in which a participant may engage in certain state-authorized work activities, in satisfaction of welfare-to-work requirements, to 24 cumulative months during a participant’s lifetime, and requires the participant to engage in federally defined work activities after that period expires. Existing law requires that necessary supportive services be available to every participant in order to participate in the program activity to which he or she is assigned.

This bill would require an adult recipient who meetsbegin delete minimum federalend deletebegin insert the federally required minimum average number or hours per week ofend insert welfare-to-work participationbegin delete requirementsend delete to be deemed to be in compliance withbegin insert CalWORKsend insertbegin insertend insert welfare-to-work hours requirements, as specified. The bill would require the county to arrange for the provision of necessary supportive services for these recipients, thereby imposing a state-mandated local program. The bill would exempt these adults from sanctions for failure or refusal to comply with welfare-to-work program requirements. The bill would direct the department to issue an all-county letter or similar instruction on or before January 1, 2018.

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.

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:

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SECTION 1.  

Section 11322.81 is added to the Welfare and
2Institutions Code
, to read:

3

11322.81.  

begin insert(a)end insertbegin insertend insert Notwithstanding any other law, an adult
4recipient who meets thebegin insert federally requiredend insert minimumbegin delete federalend delete
5begin insert average number of hours per week ofend insert welfare-to-work participation
6begin delete requirementsend deletebegin insert asend insert set forth in Section 607 of Title 42 of the United
7Statesbegin delete Code,end deletebegin insert Codeend insert shall be deemed to be in compliance with
8Section 11322.8.begin delete Necessaryend delete

9begin insert(b)end insertbegin insertend insertbegin insertNecessaryend insert supportive services shall be provided to recipients
10described in this section in accordance with Sections 11323.2 and
1111323.4.begin delete Recipientsend delete

12begin insert(c)end insertbegin insertend insertbegin insertRecipientsend insert described in this section shall not be subject to
13sanctions for failure or refusal to comply with program
14requirements under Section 11327.4.

begin insert

15
(d) This section does not entitle a person to a corrective payment
16issued pursuant to subdivision (k) of Section 11004 for any month
17before January 1, 2017.

end insert
18

SEC. 2.  

Notwithstanding the rulemaking provisions of the
19Administrative Procedure Act (Chapter 3.5 (commencing with
20Section 11340) of Part 1 of Division 3 of Title 2 of the Government
P3    1Code), the State Department of Social Services shall implement
2this act through an all-county letter or similar instruction from the
3director. The all-county letter or similar instruction shall be issued
4no later than January 1, 2018.

5

SEC. 3.  

No appropriation pursuant to Section 15200 of the
6Welfare and Institutions Code shall be made for purposes of
7implementing this act.

8

SEC. 4.  

If the Commission on State Mandates determines that
9this act contains costs mandated by the state, reimbursement to
10local agencies and school districts for those costs shall be made
11pursuant to Part 7 (commencing with Section 17500) of Division
124 of Title 2 of the Government Code.



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