BILL NUMBER: SB 58 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Hollingsworth
JANUARY 11, 2007
An act to amend Sections 11320.15 and 11327.5 of, and to add
Section 11454.2 to, the Welfare and Institutions Code, relating to
public social services, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 58, as introduced, Hollingsworth. CalWORKs program.
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, through a combination of state and county funds
and federal funds received through the TANF program, each county
provides cash assistance and other benefits to qualified low-income
families.
Existing law, with certain exceptions, requires removal of a
participant after he or she has received aid for a total of 60 months
and, thereafter, does not require participation in the
welfare-to-work program but requires participation in community
service if the county continues to provide assistance.
This bill would, instead, require, after an adult has received aid
for the 60-month period, that he or she be removed from the
assistance unit, but would permit children in the assistance unit to
continue to receive assistance after the 60-month benefit limit has
been reached only if certain conditions are met.
This bill would prohibit eligibility for aid for an assistance
unit if the assistance unit has received aid for a cumulative total
of 60 months during which time no adult was part of the assistance
unit for prescribed reasons, including, that the adult or adults were
not lawfully present in the United States or were convicted of
certain crimes.
Existing law requires the imposition of sanctions, as specified,
if an individual has failed or refused to comply with CalWORKs
program requirements. Existing law requires that a family's grant be
reduced by removal of the noncompliant family member from the
assistance unit. Existing law requires a sanction to terminate at any
point if the noncomplying participant performs the activity or
activities the individual previously refused to perform.
This bill would require removal of the noncompliant member for up
to 90 days and discontinuance of the family's aid if the individual
has not resumed full participation during that 90-day period.
Existing law requires that, for families that qualify due to
unemployment of the family's primary wage earner, the sanctioned
parent, and the spouse or second parent under certain circumstances,
be removed from the assistance unit.
This bill would, instead, prohibit consideration of the needs of
the noncompliant parent, spouse, or second parent, in those cases,
when considering the assistance needs of the family unit, and would
make conforming changes.
To the extent that this bill would increase county administrative
duties with respect to the CalWORKs program, this bill would impose 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.
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.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11320.15 of the Welfare and Institutions Code
is amended to read:
11320.15. (a) After a participant
an adult recipient has received aid for a total
of 60 months, pursuant to Section 11454, he or she shall be removed
from the assistance unit for the purposes of calculation of
aid under Section 11450 and he or she shall no longer be required to
participate in welfare-to-work activities. Additional
. Children in the assistance unit may continue to receive
aid under Section 11450 only when the former recipients meet the
federal work participation requirements under Section 607 of Title 42
of the United States Code.
(b) After the 60-month benefit limit
has been reached pursuant to Section 11454, additional
welfare-to-work services may be provided to the former
recipient, at the option of the county. If the county
provides services to the recipient after the 60-month limit has been
reached, the recipient shall participate in community service.
SEC. 2. Section 11327.5 of the Welfare and Institutions Code is
amended to read:
11327.5. (a) Sanctions shall be imposed in accordance with
subdivision (b) or (c), as appropriate, if an individual has failed
or refused to comply with program requirements without good cause and
conciliation efforts, as described in Section 11327.4, have failed.
(b) The sanctions provided for in subdivisions (c) and (d) shall
not apply to an individual who is exempt from the requirements of
this article but is voluntarily participating in the program. If such
an individual engages in conduct that would bring about the actions
provided for in subdivisions (c) and (d), except for his or her
status as a voluntary program participant, the individual shall not
be given priority so long as other individuals are actively seeking
to participate.
(c) Financial sanctions for failing or refusing to comply with
program requirements without good cause shall cause a reduction in
the family's grant by removing the noncomplying family
member from the assistance unit for a period of time specified in
subdivision (d) for up to 90 days by not considering
the noncompliant individual's needs in determining the family's need
for assistance and the amount of the assistance payment under Section
11450. If the individual has not resumed full participation in the
activities assigned by the county within the 90-day period of aid
reduction, the family's aid under this chapter shall be discontinued
.
(1) For families that qualify for aid due to unemployment of the
family's primary wage earner, the sanctioned
needs of the noncompliant parent shall not be
removed from the assistance unit considered
in determining the family's needs for assistance and the amount of
the assistance payment under Section 11450 . Unless the spouse
or the family's second parent meets the provisions of subparagraph
(A) of paragraph (2), if the sanctioned parent's spouse or the family'
s second parent is not participating in the program, both
neither the sanctioned parent and
nor the spouse or second parent shall
be removed from the assistance unit have their needs
considered in calculating the family's need for assistance and the
amount of the assistance payment under Section 11450. If neither
party is engaged in full participation in the activities assigned by
the county within the 90-day period of aid retention, the family's
aid under this chapter shall be discontinued . The county shall
notify the spouse of the noncomplying participant or second parent
in writing at the commencement of conciliation of his or her own
opportunity to participate and the impact on sanctions of that
participation.
(2) (A) Except as provided in subparagraph (B), exemption criteria
specified in Section 11320.3, conciliation specified in Section
11327.4, and good cause criteria specified in Section 11320.31 and
subdivision (f) of Section 11320.3 shall apply to the sanctioned
parent's spouse or the family's second parent.
(B) Exemption criteria specified in paragraphs (5) and (6) of
subdivision (b) of Section 11320.3 do not apply to a spouse or second
parent who is participating to avoid the sanction of the
noncomplying parent.
(C) If the sanctioned parent's spouse or the family's second
parent chooses to participate to avoid the noncomplying parent's
sanction, subsequently fails or refuses to participate without good
cause, and does not conciliate, he or she shall be removed
from the assistance unit for a period of time specified in
subdivision (d) sanctioned in accordance with this
subdivision .
(D) If the sanctioned parent's spouse or the family's second
parent is under his or her own sanction at the time of the first
parent's sanction, the spouse or second parent shall not be provided
the opportunity to avoid the first parent's sanction until the spouse
or second parent's sanction is completed
parent has performed the activities he or she failed or refused to
perform .
(3) For families that qualify due to the absence or incapacity of
a parent, only the needs of the noncomplying parent shall
be removed from the assistance unit not be
considered in calculating the family's need for assistance and the
amount of the assistance payment under Section 11450 .
(4) If the noncomplying individual is the only dependent child in
the family, his or her needs shall not be taken into account in
determining the family's need for assistance and the amount of the
assistance payment.
(5) If the noncomplying individual is one of several dependent
children in the family, his or her needs shall not be taken into
account in determining the family's need for assistance and the
amount of the assistance payment.
(d) An instance of noncompliance without good cause shall result
in a financial sanction. This sanction shall terminate at any point
if the noncomplying participant performs the activity or activities
he or she previously refused to perform.
(e) Sanctions shall become effective on the first day of the first
payment-month that the sanctioned individual's needs are
removed from aid under this chapter not considered in
calculating the family's aid under Section 11450 .
(f) In the event this section conflicts with federal law, the
department shall adopt regulations to conform to federal law.
SEC. 3. Section 11454.2 is added to the Welfare and Institutions
Code, to read:
11454.2. (a) An assistance unit shall not be eligible for aid
under this chapter when the assistance unit has received aid under
this chapter for a cumulative total of 60 months during which time no
adult was part of the assistance unit because the adults who would
otherwise have been members of the assistance unit were any of the
following:
(1) Not lawfully present in the United States.
(2) Persons described by subparagraph (A) of paragraph (9) of
subsection (a) of Section 608 of Title 42 of the United States Code.
(3) Convicted of any offense classified as a felony by the law of
the jurisdiction involved and which has as an element the possession,
use, or distribution of a controlled substance, as defined in
Section 802(6) of Title 21 of the United States Code.
(b) No month in which aid has been received prior to January 1,
1998, shall be taken into consideration in computing the 60-month
limitation provided for in subdivision (a).
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.
SEC. 5. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order for the provisions of this act to be applicable as soon
as possible, and thereby permit the greatest possible fiscal benefit
in the current fiscal year, it is necessary that this act take effect
immediately.