BILL ANALYSIS                                                                                                                                                                                                    



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          (Without Reference to File)





          SENATE THIRD READING


          SB  
          79 (Committee on Budget and Fiscal Review)


          As Amended  June 17, 2015


          Majority vote.  Budget Bill Appropriation Takes Effect  
          Immediately


          SENATE VOTE:  Vote not relevant




          SUMMARY:   This is the Human Services Omnibus trailer bill,  
          containing statutory changes necessary to enact human  
          services-related provisions of the Budget Act of 2015.   
          Specifically, this bill makes various changes to law to  
          correspond to actions in the 2015 Budget related to Human  
          Services appropriations and programs.  These include:  


          1)Immigration-Related Services.  Includes a statutory framework  
            for the Department of Social Services (DSS) to implement a new  
            program to provide immigration-related services to  
            undocumented persons, commencing January 1, 2016, funded at  
            $15 million General Fund in the 2015 Budget Act.  Among other  
            provisions: 








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             a)   Requires DSS, subject to the availability of funding, to  
               provide grants to qualified organizations, as specified, to  
               be used to provide persons living in California with  
               specified services, including services to assist with the  
               application process for initial or renewal requests of  
               deferred action under the Deferred Action for Childhood  
               Arrivals (DACA) and Deferred Action for Parents of  
               Americans and Lawful Permanent Residents (DAPA) policies,  
               and to provide legal training and technical assistance to  
               other qualified organizations.  


             b)   Requires DSS, subject to the availability of funding, to  
               provide grants to qualified organizations to provide free  
               education and outreach information, services, and materials  
               about DACA, DAPA, naturalization, or other immigration  
               remedies.  


             c)   Requires DSS to update the Legislature in the course of  
               budget hearings on specified information, including the  
               timelines for implementation of these provisions and the  
               participating organizations awarded contracts or grants.  
          1)California Work Opportunity and Responsibility to Kids  
            (CalWORKs) Housing Support Program.  Includes technical  
            clean-up changes to the statutory provisions governing the  
            CalWORKs Housing Support Program, which was funded in the  
            2014-15 Budget at $20 million General Fund and is augmented in  
            the 2015 Budget by an additional $15 million.  Authorizes a  
            county to continue to provide housing supports to a person who  
            has been discontinued from CalWORKs because he or she no  
            longer meets specified income eligibility requirements and  
            adds Housing California as a stakeholder for specific  
            consultation, in addition to the County Welfare Directors  
            Association, regarding program criteria and elements.  
          2)Child Support Performance and Incentive Payments.  Extends the  
            suspension of child support performance and health insurance  








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            incentive payments through the 2016-17 Fiscal Year.  Existing  
            law provides that the 10 counties with the best performance  
            standards shall receive an additional 5% of the state's share  
            of those counties' collections that are used to reduce or  
            repay aid that is paid under the CalWORKs program.  Existing  
            law also requires the Department of Child Support Services to  
            provide a health insurance incentive ($50 per case) to the  
            local child support agency for obtaining third-party health  
            coverage, or insurance, for beneficiaries, if the budget  
            provides General Fund support for the incentive.  These  
            payments have been suspended since 2002-03.  


          3)Community Care Licensing.  Increases the frequency of  
            inspections of care facilities licensed by DSS.  Beginning in  
            January 2017, DSS will increase inspection frequency to every  
            three years for all facilities, every two years by 2018 for  
            all facility types except child care, and annually by 2019 for  
            adult day care and residential care facilities for the  
            elderly.  Also requires DSS, as it implements the first stage  
            of the multiyear proposal to increase the inspection frequency  
            of facilities licensed, to update the Legislature frequently,  
            and no later than April 1, 2016, for the first update,  
            regarding the implementation of the multiyear proposal.


          4)Fingerprint Fee Exemption.  Extends through the 2016-17 Fiscal  
            Year the suspension of the prohibition against charging a fee  
            for fingerprinting or obtaining a criminal record pursuant to  
            current law, thereby DSS to charge a fee for those services.  


          5)California Fund for Senior Citizens.  Requires that funds for  
            the California Senior Legislature be allocated from the  
            California Senior Legislature Fund, which the bill would  
            designate as the successor fund of the California Fund for  
            Senior Citizens.  Requires that all assets, liabilities,  
            revenues, and expenditures of the California Fund for Senior  
            Citizens be transferred to the California Senior Legislature  








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            Fund, and that all references in state law to the California  
            Fund for Senior Citizens be construed to refer to the  
            California Senior Legislature Fund.  


          6)EDD Data Sharing.  Requires the Director of Employment  
            Development to permit the use of any information in his or her  
            possession to enable federal, state, or local government  
            departments or agencies, or their contracted agencies, subject  
            to federal law, to evaluate, research, or forecast the  
            effectiveness of public social services programs, as  
            specified, when the evaluation, research, or forecast is  
            directly connected with, and limited to, the administration of  
            those public social services programs.  This allows the  
            Employment Development Department to share information with  
            DSS, in response to federal guidance on this issue.  


          7)CalWORKs Eligibility, Technical Changes.  Makes technical,  
            conforming changes to program eligibility by deleting certain  
            reporting requirements regarding certain types of convictions  
            with respect to eligibility for the CalWORKs program.  This  
            aligns with program changes made as part of the 2014 Budget.  


          8)Child Support for Certain CalWORKs Cases.  Exempts applicants  
            for or recipients of CalWORKs benefits from the requirements  
            that they assign to the county any rights to support, and that  
            they cooperate with efforts to establish paternity of a child  
            of the applicant and to establish, modify, or enforce a  
            support order, if all eligible adults in the assistance unit  
            have been subject to sanctions for at least 12 consecutive  
            months for failing to comply with CalWORKs requirements.  This  
            is consistent with CalWORKs policy changes regarding long-term  
            sanction cases.  


          9)Approved Relative Caregiver Funding Option Program.  Provides  
            that a child eligible for the Approved Relative Caregiver  








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            Funding Option Program shall not be subject to certain  
            requirements of CalWORKs, except as specified.  Requires,  
            among other things, that any income or benefit received by an  
            eligible child or an approved relative caregiver on behalf of  
            the eligible child that would be offset against the basic rate  
            paid to a foster care provider, as specified, be offset from  
            any funds, other than CalWORKs funds, paid to the approved  
            relative caregiver, and would require counties to recoup  
            overpayment in the program using the standards and processes  
            for overpayment recoupment that are applicable to overpayments  
            to an approved home of a relative.  Additionally revises the  
            funding provisions for the Approved Relative Caregiver Funding  
            Option Program, including appropriating from the General Fund  
            the sum of $15 million for the period of January 1, 2015, to  
            June 30, 2015, inclusive, and the amount of $30 million, with  
            specified adjustments, for the period of July 1, 2015, to June  
            30, 2016, inclusive.  For every 12-month period thereafter,  
            this bill would require an amount calculated pursuant to a  
            specified formula to be appropriated to fund the Approved  
            Relative Caregiver Funding Option Program.


          10)Adult Protective Services.  Requires DSS to establish one  
            full-time Adult Protective Services position that reports to  
            the director to assist counties with specified functions in  
            the operation of their adult protective services system,  
            including developing recommended program goals, performance  
            measures, and outcomes for the system.  


          11)1991 Realignment Clean-Up.  Makes the following technical  
            changes to 1991 realignment statutes, with no substantive or  
            fiscal changes to the realignment allocation.  These changes  
            are intended to assist with administrative simplification and  
            accounting efficiency.  


             a)   On and after August 1, 2015, adds the County Medical  
               Services Program Subaccount to the Sales Tax Account.   








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               Creates various new subaccounts in the Vehicle License Fee  
               Account.  Creates the County Medical Services Program  
               Growth Subaccount and the General Growth Subaccount in the  
               Vehicle License Fee Growth Account.  
             b)   Provides for the deposit of sales tax proceeds from  
               revenues deposited to the credit of the Local Revenue Fund  
               into specified subaccounts of the Sales Tax Account.   
               Requires the Controller to deposit into the Sales Tax  
               Growth Account certain remaining unallocated excess sales  
               tax revenues.  Requires the Controller to transfer funds  
               from the Social Services Subaccount to the Health  
               Subaccount in an amount not to exceed $1 billion in any  
               fiscal year, as specified.


             c)   For the 2015-16 Fiscal Year, and each fiscal year  
               thereafter, includes the County Medical Services Program  
               Subaccount among those subaccounts for deposit of sales tax  
               proceeds, as specified, and would provide for the remaining  
               unallocated excess sales tax revenues to be deposited after  
               that allocation.  This bill would restrict the  
               one-billion-dollar limit for fund transfers between the  
               Social Services Subaccount and the Health Subaccount to the  
               2014-15 Fiscal Year.


             d)   Requires the Controller to make monthly deposits of  
               vehicle license fee proceeds, from revenues deposited to  
               the credit of the Local Revenue Fund, to various  
               subaccounts of the Vehicle License Fee Account.  Provides  
               that any excess vehicle license fee revenues would be  
               deposited in the Vehicle License Fee Growth Account of the  
               Local Revenue Fund.


             e)   Deletes provisions that required the Controller to  
               deposit specified amounts to the County Medical Services  
               Subaccount in lieu of depositing those amounts into the  
               County Medical Services Program Account of the County  








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               Health Services Fund, upon request of the County Medical  
               Services Program Governing Board.  Also deletes provisions  
               that provided for the allocation of funds to eligible  
               jurisdictions with a poverty-population shortfall if  
               deposits into certain subaccounts in the Sales Tax Growth  
               Account are not sufficient to eliminate poverty-population  
               shortfalls, as calculated by the Department of Finance. 


             f)   Continues the allocation to the local Mental Health  
               Accounts, but would instead require the Controller to  
               allocate that specified percentage of the General Growth  
               Subaccount to the health account of each county, city, or  
               city and county based on a schedule provided by the  
               Department of Finance, and to allocate the remaining funds  
               to the family support account of each county or city and  
               county, as specified.


             g)   Deletes financial action and matching fund requirements  
               for a county or city, as a condition of the deposit of  
               funds from the Sales Tax Account of the Local Revenue Fund  
               into the local health and welfare trust fund account of  
               that county or city, to deposit general purpose revenues  
               into that account pursuant to a specified schedule, and to  
               take additional financial actions, as specified. 


          1)CalFresh Reporting.  Makes certain reporting requirements  
            inapplicable to CalFresh households in which all adult members  
            are elderly or disabled members, as defined, and in which the  
            household has no earned income.  Also states the intent of the  
            Legislature to eliminate change reporting, as defined, and to  
            assign certification periods for CalFresh households that are  
            the maximum allowed under federal law.
          2)Intensive Treatment Foster Care.  Extends the operation of the  
            interim schedule of modified service and rate levels for the  
            intensive treatment foster care program in each county until  
            December 31, 2016.  Also requires that the amount paid to a  








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            certified foster parent under an intensive treatment foster  
            care program be adjusted on July 1, 2015, and on July 1, 2016,  
            by an amount equal to the California Necessities Index.  


          3)All-County Letters (ACLs) and Emergency Regulation Authority.   
            Authorizes DSS to implement specified provisions of this bill  
            through ACLs or similar instructions and would require the  
            department to adopt emergency regulations implementing these  
            provisions no later than January 1, 2017.  


          4)Mandates.  Provides that with regard to certain mandates no  
            reimbursement is required by this act for a specified reason.   
            With regard to any other mandates, this bill would provide  
            that, if the Commission on State Mandates determines that this  
            bill contains costs so mandated by the state, reimbursement  
            for those costs shall be made pursuant to the statutory  
            provisions noted above.


          5)Urgency and Budget Bill.  Declares that it is to take effect  
            immediately as a bill providing for appropriations related to  
            the Budget Bill.


          Analysis Prepared by:                                             
                          Nicole Vazquez / BUDGET / (916) 319-2099  FN:  
          0001031


















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