BILL NUMBER: AB 2192 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 22, 2006
AMENDED IN SENATE AUGUST 7, 2006
AMENDED IN SENATE JUNE 21, 2006
INTRODUCED BY Assembly Member Bass
FEBRUARY 22, 2006
An act to repeal and add Section 11251.3 of the Welfare and
Institutions Code, relating to CalWORKs.
LEGISLATIVE COUNSEL'S DIGEST
AB 2192, as amended, Bass CalWORKs.
Existing federal law provides for allocation of federal funds
through the federal Temporary Assistance for Needy Families (TANF)
block grant program to eligible states. Existing law provides for 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 through a combination of
state, county, and federal funds received through the federal TANF
program.
Under federal law, an individual convicted under federal or state
law of any offense that is classified as a felony by the law of the
jurisdiction involved, and of which that
has as an element the possession, use, or distribution of a
controlled substance, as defined, shall not be eligible for
assistance under any state program funded under provisions of federal
law regarding the TANF program. Existing law authorizes a state to
exempt any or all individuals domiciled in the state from the
application of this prohibition.
Existing law provides that an individual who has been convicted in
state or federal court of a felony that has as an element the
possession, use, or distribution of a controlled substance, as
defined under federal law or the California Uniform Controlled
Substances Act, is ineligible for aid under the CalWORKs program.
Existing law also requires a county to issue vouchers or vendor
payments for at least rent and utilities payments for a family
receiving aid that includes an individual who is ineligible for aid
pursuant to these provisions.
This bill would, instead, provide that, with certain exceptions, a
person convicted of drug-related felonies shall be eligible to
receive CalWORKs benefits if he or she meets certain conditions of
eligibility. This bill would , instead, also require a
county to , instead, only issue voucher payments
for at least rent and utilities payments for a family receiving aid
that includes an ineligible individual, until that
individual completes or an eligible individual who is
participating or enrolled in a government-recognized drug
treatment program until that individual completes the program
.
By revising standards of eligibility for benefits under the
CalWORKs program, this bill would increase the responsibilities of
counties, and would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General
Fund to defray a portion of county aid grant costs under the CalWORKs
program.
This bill would instead provide that no appropriation would be
made for purposes of 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:
SECTION 1. Section 11251.3 of the Welfare and Institutions Code,
as added by Section 1 of Chapter 283 of the Statutes of 1997, is
repealed.
SEC. 2. Section 11251.3 of the Welfare and Institutions Code, as
added by Section 1 of Chapter 284 of the Statutes of 1997, is
repealed.
SEC. 3. Section 11251.3 is added to the Welfare and Institutions
Code, to read:
11251.3. (a) Subject to the limitations of subdivisions (b), (c),
and (d), pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21
U.S.C. Sec. 862a(d)(1)(A)), California opts out of the provisions of
Section 115(a) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(1)), and
persons convicted of drug-related felonies shall be eligible to
receive CalWORKs benefits under this section.
(b) Subdivision (a) does not apply to a person who has been
convicted of unlawfully transporting, importing into this state,
selling, furnishing, administering, giving away, possessing for sale,
purchasing for purposes of sale, manufacturing a controlled
substance, possessing precursors with the intent to manufacture a
controlled substance, or cultivating, harvesting, or processing
marijuana or any part thereof pursuant to Section 11358 of the Health
and Safety Code.
(c) Subdivision (a) does not apply to a person who has been
convicted of unlawfully soliciting, inducing, encouraging, or
intimidating a minor to participate in any activity listed in
subdivision (b).
(d) As a condition of eligibility to receive CalWORKs benefits
pursuant to subdivision (a), an applicant convicted of a drug-related
felony that is not excluded under subdivision (b) or (c) shall be
required to provide proof of one of the following subsequent to the
most recent drug-related conviction:
(1) Completion of a government-recognized drug treatment program,
after which no drug testing shall be required.
(2) Participation in a government-recognized drug treatment
program.
(3) Enrollment in a government-recognized drug treatment program.
(4) Placement on a waiting list for a government-recognized drug
treatment program.
(5)
(4) Successful completion of a clean drug test, which,
following the receipt of benefits, the individual shall be required
to submit to the county on a quarterly basis.
(6)
(5) Other evidence that the illegal use of controlled
substances has ceased, as established by the State Department of
Social Services regulations.
(e) A county shall issue voucher payments for at least rent and
utilities payments for a family receiving aid under this chapter that
includes an individual who is ineligible pursuant to this
section, until that individual completes a government-recognized drug
treatment program. section.
(f) A county shall issue voucher payments for at least rent and
utilities payments for a family receiving aid under this chapter that
includes an individual who is eligible pursuant to paragraph (2) or
(3) of subdivision (d), until that individual completes a
government-recognized drug treatment program.
(f)
(g) Notwithstanding 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
section through an all-county letter or similar instructions from
the director no later than January 1, 2007.
(g)
(h) (1) The department shall adopt regulations as
otherwise necessary to implement this section no later than July 1,
2007. Emergency regulations adopted for implementation of this
section may be adopted by the director in accordance with the
Administrative Procedure Act.
(2) The adoption of emergency regulations shall be deemed to be an
emergency and necessary for immediate preservation of the public
peace, health and safety, or general welfare. The emergency
regulations shall be exempt from review by the Office of
Administrative Law. The emergency regulations authorized by this
section shall be submitted to the Office of Administrative Law for
filing with the Secretary of State and shall remain in effect for no
more than 180 days.
SEC. 4. No appropriation pursuant to Section 15200 of the Welfare
and Institutions Code shall be made for purposes of this act.
SEC. 5. 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.