BILL NUMBER: AB 873 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Villaraigosa
FEBRUARY 25, 1999
An act to amend Sections 18930, 18930.5, 18934, 18938, 18940, and
18944 of the Welfare and Institutions Code, relating to public social
services.
LEGISLATIVE COUNSEL'S DIGEST
AB 873, as introduced, Villaraigosa. Social services programs:
legal immigrants.
Existing law, operative until July 1, 2000, requires the State
Department of Social Services to establish a Food Assistance Program
for certain immigrants residing in this state.
Existing law, operative until July 1, 2000, requires the
department to establish and supervise a county-administered program
to provide cash assistance to aged, blind, and disabled legal
immigrants who are noncitizens.
This bill would indefinitely extend these programs.
This bill would also make certain changes in eligibility and
application requirements for these programs.
Because each county is required to administer this program, the
bill would constitute 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
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 18930 of the Welfare and Institutions Code is
amended to read:
18930. (a) The State Department of Social Services shall
establish a Food Assistance Program to provide assistance for those
persons described in subdivision (b). The department shall enter
into an agreement with the United States Department of Agriculture to
use the existing federal Food Stamp Program coupons for the purposes
of administering this program. Persons who are members of a
household receiving food stamp benefits under this chapter or under
Chapter 10 (commencing with Section 18900), and are receiving
CalWORKs benefits under Chapter 2 (commencing with Section 11200) of
Part 3 on September 1, 1998, shall have eligibility determined under
this chapter without need for a new application no later than
November 1, 1998, and the beginning date of assistance under this
chapter for those persons shall be September 1, 1998.
(b) (1) Except as provided in paragraph (2) and Section
18930.5, noncitizens Noncitizens of the United
States shall be eligible for the program established pursuant to
subdivision (a) if the any of the following
applies:
(1) The person's immigration status meets the eligibility
criteria of the federal Food Stamp Program in effect on August 21,
1996, but he or she is not eligible for federal food stamp benefits
solely due to his or her immigration status under Public Law 104-193
and any subsequent amendments thereto.
(2) An applicant who is otherwise eligible for the program but who
entered the United States on or after August 22, 1996, shall be
eligible for aid under this chapter only if he or she is sponsored
and one of the following apply:
(A) The sponsor has died.
(B) The sponsor is disabled as defined in subparagraph (A) of
paragraph (3) of subdivision (b) of Section 11320.3.
(C) The applicant, after entry into the United States, is a victim
of abuse by the sponsor or the spouse of the sponsor if the spouse
is living with the sponsor.
(3) The applicant shall be required to provide verification that
one of the conditions of subparagraph (A), (B), or (C) have been met.
(4) For purposes of subparagraph (C) of paragraph (2), abuse shall
be defined in the same manner as provided in Section 11495.1 and
Section 11495.12. A sworn statement of abuse by a victim, or the
representative of the victim if the victim is not able to competently
swear, shall be sufficient to establish abuse if one or more
additional items of evidence of abuse is also provided. Additional
evidence may include, but is not limited to, the following:
(A) Police, government agency, or court records or files.
(B) Documentation from a domestic violence program, legal,
clinical, medical, or other professional from whom the applicant or
recipient has sought assistance in dealing with abuse.
(C) A statement from any other individual with knowledge of the
circumstances that provided the basis for the claim.
(D) Physical evidence of abuse.
(5) If the victim cannot provide additional evidence of abuse,
then the sworn statement shall be sufficient if the county makes a
determination documented in writing in the case file that the
applicant is credible.
(2) The person is a battered immigrant spouse, child, or the
parent or child of the battered immigrant, as described in Section
1641(c) of Title 8 of the United States Code, as amended by Section
5571 of Public Law 105-33.
(3) The person is a Cuban or Haitian entrant as described in
Section 501(e) of the federal Refugee Education Assistance Act of
1980.
(c) In counties approved for alternate benefit issuance systems,
that same alternate benefit issuance system shall be approved for the
program established by this chapter.
(d) (1) To the extent allowed by federal law, the income,
resources, and deductible expenses of those persons described in
subdivision (b) shall be excluded when calculating food stamp
benefits under Chapter 10 (commencing with Section 18900).
(2) No household shall receive more food stamp benefits under this
section than it would if no household member was rendered ineligible
pursuant to Title IV of Public Law 104-193 and any subsequent
amendments thereto.
(e) This section shall become operative on September 1, 1998.
SEC. 2. Section 18930.5 of the Welfare and Institutions Code is
amended to read:
18930.5. (a) As a condition of eligibility for assistance under
this chapter:
(1) A recipient who is also receiving aid under Chapter 2
(commencing with Section 11200) of Part 3 shall be required to
satisfactorily participate in welfare-to-work activities in
accordance with the recipient's welfare-to-work plan developed
pursuant to Section 11325.21.
(2) A recipient who is not receiving aid under Chapter 2 shall be
required to be employed in subsidized or unsubsidized
employment for the number of hours specified in Section 11322.8
unless the recipient meets one of the conditions set forth in
paragraph (3) of subdivision (b) of Section 11320.3.
(3) Migrant farmworker and seasonal farmworker households, as
defined in federal food stamp law, who are not also receiving
CalWORKs benefits under Chapter 2 (commencing with Section 11200) of
Part 3 and who do not meet the requirements of paragraph (2), shall
be eligible for benefits under this chapter on November 1, 1998. The
department, in consultation with the counties, shall develop
guidelines for determining eligibility under this section of migrant
farmworker and seasonal farmworker households who are not also
receiving CalWORKs benefits under Chapter 2 (commencing with Section
11200) of Part 3. meet the federal Food Stamp Program
work requirement specified in Section 6(o) of the Food Stamp Act of
1977 and any subsequent amendments thereto.
(b) This section shall become operative on September 1, 1998.
SEC. 3. Section 18934 of the Welfare and Institutions Code is
amended to read:
18934. (a) It is the intent of the Legislature
to annually appropriate in the 1998-99 Budget
Act and in the 1999-2000 Budget Act moneys for the purposes of
implementing this act in at least the amount appropriated in the
1997-98 Budget Act for that purpose.
(b) This chapter shall become inoperative on July 1, 2000, and as
of January 1, 2001, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2001, deletes or extends
the dates on which it becomes inoperative and is repealed.
funds in the Budget Act for the purpose of providing services
under this chapter.
SEC. 4. Section 18938 of the Welfare and Institutions Code is
amended to read:
18938. (a) (1) Subject to paragraph (2), an
An individual, upon application, shall be eligible for the
program established pursuant to Section 18937 if his or her
immigration status meets the eligibility criteria of the Supplemental
Security Income/State Supplementary Program for the Aged, Blind, and
Disabled (SSI/SSP) in effect on August 21, 1996, but he or she is
not eligible for SSI/SSP benefits solely due to his or her
immigration status under Title IV of Public Law 104-193 and any
subsequent amendments thereto.
(2) An applicant who legally entered the United States on or after
August 22, 1996, shall be eligible for aid under this chapter only
if he or she is sponsored and one of the following conditions is met:
(A) The sponsor has died.
(B) The sponsor is disabled, as defined in subparagraph (A) of
paragraph (3) of subdivision (b) of Section 11320.3.
(C) The applicant, after entry into the United States, is a victim
of abuse by the sponsor or the spouse of the sponsor if the spouse
is living with the sponsor.
(3) The applicant shall be required to provide verification that
one of the conditions of subparagraphs (A), (B), or (C) of paragraph
(2) has been met.
(4) (A) For purposes of subparagraph (C) of paragraph (2), abuse
shall be defined in the same manner as provided in Section 11495.1
and Section 11495.12. A sworn statement of abuse by a victim, or the
representative of the victim if the victim is not able to
competently swear, shall be sufficient to establish abuse if one or
more additional items of evidence of abuse is also provided.
Additional evidence may include, but is not limited to, the
following:
(i) Police, government agency, or court records or files.
(ii) Documentation from a domestic violence program, legal,
clinical, medical, or other professional from whom the applicant or
recipient has sought assistance in dealing with abuse.
(iii) A statement from any other individual with knowledge of the
circumstances that provided the basis for the claim.
(iv) Physical evidence of abuse.
(B) If the victim cannot provide additional evidence of abuse,
then the sworn statement shall be sufficient if the county makes a
determination documented in the case file that the applicant is
credible.
(b) The department shall periodically redetermine the eligibility
of each individual.
(c) The department shall take all steps necessary to qualify any
benefits paid under this section to be eligible for reimbursement as
federal Interim Assistance including requiring a repayment agreement.
SEC. 5. Section 18940 of the Welfare and Institutions Code is
amended to read:
18940. Except as otherwise provided in this chapter, the federal
and state laws and regulations governing the SSI/SSP program ,
including all federal and state laws and regulations designed to
protect SSI/SSP recipients and their resources, shall also
govern the program provided for under this chapter.
SEC. 6. Section 18944 of the Welfare and Institutions Code is
amended to read:
18944. (a) It is the intent of the Legislature to annually
appropriate in the Budget Act of 1998 and in the
Budget Act of 1999 moneys for the purposes of implementing
funds in the Budget Act for the purpose of providing services
under this chapter.
(b) This chapter shall become operative on:
(1) October 1, 1998, for those individuals who are eligible for
aid under this chapter and are discontinued from the SSI/SSP program
effective with their September 1998 benefits as a result of their
immigration status under Title IV of Public Law 104-193 and any
subsequent amendments thereto. Until the counties begin full
operation the department shall cause a payment to each individual or
couple to be issued through the Controller so that there is no
interruption in these individual's receipt of aid to which they are
eligible under this chapter.
(2) November 1, 1998, for applicants for this program to have
their applications accepted by county welfare departments, and
establish a beginning date of aid. Counties shall have the ability
to make eligibility determinations and cause the issuance of payments
no later than December 1, 1998, unless the federal government has
agreed to provide the services under this chapter at an earlier date.
(c) This chapter shall become inoperative on July 1, 2000, and, as
of January 1, 2001, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2001, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 7. Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.