BILL NUMBER: AB 631	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly  Member   Tran
  Members   Tran   and Audra
Strickland 

                        FEBRUARY 25, 2009

   An act to add Section 11250.5 to the Welfare and Institutions
Code, relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 631, as amended, Tran. Public assistance: home visits.
   Existing law provides for the CalWORKs program, under which each
county provides cash assistance and other benefits to qualified
low-income families and individuals.
   This bill would require  the district attorney's office
  a welfare fraud investigator  in the county of
residence of an applicant for aid, within 10 days of the applicant's
preliminary approval, to arrange for an authorized investigator to
conduct a home call, consisting of a brief interview with the
applicant and walk-through of the applicant's residence.
   The bill would require the  district attorney's office
  investigator  to report  its 
 his or her  findings to the appropriate county officials
prior to final approval of aid for the applicant.
   By increasing the duties of  district attorneys and
 county  public assistance  agencies, 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, 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.  The Legislature finds and declares as follows:
   (a) The citizens of California should be assured that public
assistance benefits are only awarded to those who legitimately
require and are qualified to receive those benefits.
   (b) The Legislature commends the County of San Diego for adopting
"Project 100 Percent" in June of 1997, which requires all applicants
for public assistance in the county, within 10 days of the
application for services, to receive a brief home call from a San
Diego County district attorney investigator, at the applicant's
residence.
   (c) The Legislature acknowledges the overwhelming success of
"Project 100 Percent," pursuant to which more than 118,000 home calls
have been conducted, and have consistently identified an average of
25 percent of all preliminarily approved applicants to be totally
ineligible for public assistance, based on the investigative findings
of the district attorney.
   (d) It is therefore the intent of the Legislature to establish a
statewide version of the "Project 100 Percent" plan to prevent fraud
and abuse of government assistance programs.
  SEC. 2.  Section 11250.5 is added to the Welfare and Institutions
Code, to read:
   11250.5.  (a) Within 10 days of an applicant's preliminary
approval for aid under this chapter, the  district attorney's
office   a welfare fraud investigator  in the
applicant's county of residence shall arrange a home call pursuant to
subdivision (b) and shall report  its   his or
her  findings to the appropriate county officials prior to the
final approval of aid for the applicant.
   (b) The home call required by this section shall be conducted by
an investigator authorized by the department at the applicant's
residence, as indicated on the application for assistance. The home
call shall consist of a brief interview of the applicant and
walk-through of the residence. The investigator conducting the home
call shall take at least all of the following criteria under
consideration:
   (1) Whether the applicant actually lives at the residence.
   (2) Whether there are paycheck stubs or other evidence of
unclaimed income present in the residence.
   (3) Whether there are other assets at the residence.
   (4) Whether the applicant has any residency or criminal history
problems that would prohibit the receipt of aid.
   (5) Whether a claimed absentee parent is actually living at the
residence.
   (6) Whether there is evidence, such as diapers or other child care
items, to confirm the presence of children claimed to reside with
the applicant.
   (7) Whether collateral contacts with landlords, neighbors, and
school officials corroborate the information provided in the
application.
   (8) Any other relevant criteria established by the district
attorney.
  SEC. 3.  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.