BILL NUMBER: SB 1373 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 31, 2016
INTRODUCED BY Senator Stone
FEBRUARY 19, 2016
An act to amend Section 11323.2 of the Welfare and Institutions
Code, relating to CalWORKs.
LEGISLATIVE COUNSEL'S DIGEST
SB 1373, as amended, Stone. CalWORKs: welfare-to-work: supportive
services.
(1) Existing law requires each county to provide cash assistance
and other social services to needy families through the California
Work Opportunity and Responsibility to Kids (CalWORKs) program using
federal Temporary Assistance to Needy Families block grant program,
state, and county funds. Existing law generally requires a recipient
of CalWORKs benefits to participate in welfare-to-work activities as
a condition of eligibility for aid. Existing law requires that
necessary supportive services be available to participants in
welfare-to-work activities, including transportation costs and
ancillary expenses, which include the cost of books, as provided in
the welfare-to-work plan entered into between the county and the
participant.
This bill would require that a standard allowance for
transportation costs be advanced to a participant at the beginning of
each month in an amount that is equal to the cost of a
monthly pass for the county public transit system, or if a county
does not have a public transit system, in the amount of
$100 per month. The bill would also require that a participant who
has been assigned to an educational activity in a postsecondary
school full time, as defined by the school, receive a
standard allowance of $500 for books and supplies, or $250 if
the participant has been assigned to an educational activity part
time, as defined by the school, adjusted annually as
specified, specified. The bill would require the
educational allowance to be paid at least 15 days before the
start of the semester. The bill would authorize the participant to
opt out of these standard allowances at any time and make a
reimbursement claim for actual costs, and to submit this claim to the
county by mail, in person, or or, if the
county already has the technological capacity to do so, via the
county's Internet Web site. By increasing the duties of counties
administering these services, this 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 11323.2 of the Welfare and Institutions Code is
amended to read:
11323.2. (a) Necessary supportive services shall be available to
every participant in order to participate in the program activity to
which he or she is assigned or to accept employment or the
participant shall have good cause for not participating under
subdivision (f) of Section 11320.3. As provided in the
welfare-to-work plan entered into between the county and participant
pursuant to this article, supportive services shall include all of
the following:
(1) Child care.
(A) Paid child care shall be available to every participant with a
dependent child in the assistance unit who needs paid child care if
the child is 10 years of age or under, or requires child care or
supervision due to a physical, mental, or developmental disability or
other similar condition as verified by the county welfare
department, or who is under court supervision.
(B) To the extent funds are available, paid child care shall be
available to a participant with a dependent child in the assistance
unit who needs paid child care if the child is 11 or 12 years of age.
(C) Necessary child care services shall be available to every
former recipient for up to two years, pursuant to Article 15.5
(commencing with Section 8350) of Chapter 2 of Part 6 of Division 1
of Title 1 of the Education Code.
(D) A child in foster care receiving benefits under Title IV-E of
the federal Social Security Act (42 U.S.C. Sec. 670 et seq.) or a
child who would become a dependent child except for the receipt of
federal Supplemental Security Income benefits pursuant to Title XVI
of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.)
shall be deemed to be a dependent child for the purposes of this
paragraph.
(E) The provision of care and payment rates under this paragraph
shall be governed by Article 15.5 (commencing with Section 8350) of
Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code.
Parent fees shall be governed by subdivisions (g) and (h) of Section
8263 of the Education Code.
(2) (A) Transportation costs, which shall be governed by regional
market rates as determined in accordance with regulations established
by the department.
(B) A standard allowance for transportation costs shall be issued
in advance to a participant at the beginning of each month in
an the amount that is equal to
the cost of a monthly pass for the county public transit system. If
a county does not have a public transit system, the participant shall
receive of one hundred dollars ($100) per
month. A participant is entitled to opt out of the standard allowance
at any time and make a reimbursement claim for the actual costs of
transportation, and may submit this claim to the county by mail, in
person, or or, if the county already has the
technological capacity to do so, via the county's Internet Web
site.
(3) (A) Ancillary expenses, which shall include the cost of books,
tools, clothing specifically required for the job, fees, and other
necessary costs.
(B) A participant who has been assigned to an educational activity
in a full time, as defined by the
postsecondary school school, shall
receive a standard allowance of five hundred dollars ($500)
($500). If the participant has been assigned to an
educational activity part time, as defined by the postsecondary
school, he or she shall receive a standard allowance of two hundred
fifty dollars ($250). An allowance paid pursuant to this subparagraph
shall be paid no later than 15 days before the start of the
semester to ensure that the participant has the funds necessary to
purchase books and supplies required by the educational institution.
The standard allowance shall be adjusted annually for inflation
according to the California Consumer Price Index. A participant is
entitled to opt out of the standard allowance at any time and make a
reimbursement claim for the actual costs of books and supplies, and
may submit this claim to the county by mail, in person, or
or, if the county already has the
technological capacity to do so, via the county's Internet Web
site.
(4) Personal counseling. A participant who has personal or family
problems that would affect the outcome of the welfare-to-work plan
entered into pursuant to this article shall, to the extent available,
receive necessary counseling or therapy to help him or her and his
or her family adjust to his or her job or training assignment.
(b) If provided in a county plan, the county may continue to
provide case management and supportive services under this section to
former participants who become employed. The county may provide
these services for up to the first 12 months of employment to the
extent they are not available from other sources and are needed for
the individual to retain the employment.
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 may implement this act through an all-county letter or
similar instruction from the director. The all-county letter or
similar instruction shall be issued no later than April 1, 2017.
SEC. 3. No appropriation pursuant to Section 15200 of the Welfare
and Institutions Code shall be made for purposes of implementing 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.