BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 1182|
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                                 THIRD READING


          Bill No:  AB 1182
          Author:   Roger Hernández (D), et al.
          Amended:  8/22/11 in Senate 
          Vote:     21

           
           SENATE HUMAN SERVICES COMMITTEE  :  4-3, 6/14/11
          AYES:  Liu, Hancock, Wright, Yee
          NOES:  Emmerson, Berryhill, Strickland

           SENATE APPROPRIATIONS COMMITTEE  :  6-3, 8/25/11
          AYES:  Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
          NOES:  Walters, Emmerson, Runner
           
          ASSEMBLY FLOOR  :  55-17, 5/12/11 - See last page for vote


           SUBJECT  :    CalWORKs eligibility:  asset limits:  vehicles

           SOURCE  :     Author


           DIGEST  :    This bill excludes the value of a motor vehicle 
          from consideration when determining or redetermining 
          CalWORKs eligibility, and deletes existing requirements on 
          county welfare departments for assessing the value of a 
          motor vehicle for the purposes of CalWORKs eligibility.

           ANALYSIS  :    

          Existing law:

          1. Establishes the California Work Opportunity and 
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             Responsibility to Kids 
             (CalWORKs) program to provide welfare-to-work services 
             to qualifying persons.

          2. Imposes limits on the amount of income and personal and 
             real property an individual or family may possess in 
             order to be eligible for aid under the CalWORKs program, 
             including that assets shall not exceed the following:

             A.    $2,000 in savings and $3,000 for a family with a 
                member age 60 or above;

             B.    One residence that the family lives in;

             C.    One car with a value of $4,650 or less; and

             D.    Savings and interests in restricted federally 
                qualified accounts for the purpose of saving for 
                college, retirement, starting a business, purchasing 
                a home, or overcoming an episode of homelessness.
          
          This bill:

          1. Deletes the requirement that county welfare departments 
             assess the value of a vehicle when determining and 
             re-determining eligibility for applicants and recipients 
             of CalWORKs.  

          2. Provides that licensed motor vehicles shall be excluded 
             from consideration as property in this determination and 
             redetermination.

           Background  

           Temporary Assistance for Needy Families (TANF) and 
          CalWORKs  .  TANF was created by a bi-partisan federal 
          welfare reform effort in 1996.  The intent was to get needy 
          families with children from welfare to work and end the 
          prior welfare entitlement program under Aid to Families 
          with Dependent Children.  The four stated goals of the TANF 
          legislation are to:

          1. End a needy family's dependence on government assistance 
             by preparing them for a job and marriage;







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          2. Help families so that children are cared for in their 
             own homes or in those of relatives;

          3. Prevent out-of-wedlock pregnancies; and

          4. Encourage the formation of two-parent families.

          TANF allowed states the flexibility to continue and to 
          start programs that had previously required federal 
          waivers, but also capped federal spending on welfare by 
          creating fixed funding in the form of block grants for each 
          state.  This shift allowed California to customize its 
          program to fit the varying needs of its needy family 
          population while adhering to the federal statutory and 
          regulatory requirements.  In particular, TANF allowed 
          significant state flexibility on eligibility rules for 
          families applying to CalWORKs for cash and employment 
          assistance.  Specifically, states can decide the income 
          level and property or asset levels that an applicant or 
          recipient must meet in order to be eligible.  In 
          California, an applicant or recipient may have a vehicle 
          worth no more than $4,650.

           Asset test:  California versus other states  .  In 
          California, the vehicle test was last increased 15 years 
          ago.  According to the author's office, California is 
          currently tied with Texas and Idaho in having the most 
          restrictive asset test for vehicles of any state in the 
          country.  The following is the vehicle asset policy of the 
          rest of the nation:  12 states exclude all vehicles owned 
          by the household; 15 exclude at least one vehicle per 
          household; and 20 have substantially increased the value of 
          the vehicle exclusion.
           
           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

          According to the Senate Appropriations Committee:

                           Fiscal Impact (in thousands)

             Major Provisions       2011-12     2012-13     2013-14    Fund  








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            Increased CalWORKs             $885      $6,100   
            $9,600General/
            caseload*                                         
            Federal**

            Reduced county       Potential significant future 
            savingsGeneral/
            administrative duties          or cost savings in excess 
            of $5,000            Federal
                                 annually

            Increased Medi-Cal             Potential costs in the low 
            hundreds             General/
            caseload             of thousands of dollars through 2013

             *     Includes projected increase in grants, services, 
                and child care costs.
             **    To the extent the CalWORKs budget exceeds 
                available TANF/MOE funds, any increased costs above 
                the base MOE requirement would be funded with General 
                Fund.
             ***   Dependent upon the degree to which this population 
                is already served by the Medically Needy program, for 
                which almost all are likely eligible.
           
           SUPPORT :   (Verified  8/25/11)

          Asian Law Alliance 
          California Association of Food Banks 
          California Catholic Conference, Inc. 
          California Commission on the Status of Women 
          California Communities United Institute 
          California Family Resource Association 
          California National Organization of Women 
          California State Association of Counties 
          City and County of San Francisco 
          Coalition of California Welfare Rights Organizations 
          County of Los Angeles 
          County Welfare Directors Association of California 
          Easy Bay Community Law Center 
          Inner City Law Center 
          National Association of Social Workers - CA Chapter 
          New America Foundation 
          Regional Council of Rural Counties 







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          Urban Counties Caucus 
          Western Center on Law and Poverty 

           ARGUMENTS IN SUPPORT  :    Supporters state that access to 
          reliable transportation is critical for any person who 
          wishes to be employed in California today.  Supporters 
          point out that, according to a 2000 study by UCLA 
          researchers, transportation is often a key factor in 
          finding and maintaining stable employment for CalWORKs 
          recipients.  Supporters believe that the measure will 
          increase opportunities for recipients to find and maintain 
          stable employment, increase the state's work participation 
          rate, reduce grant costs in the long run, and help the 
          state and counties to avoid federal penalties in the 
          future.

          The Regional Council of Rural Counties writes that reliable 
          transportation in rural and frontier areas is critical, not 
          only to seek and maintain employment, but also for the 
          health and safety of enrollees and their families.  The 
          Council further writes that a dependable motor vehicle is 
          not a luxury, but a necessity for low-income rural 
          families.


           ASSEMBLY FLOOR  :  55-17, 5/12/11
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Chesbro, Cook, Davis, Dickinson, Eng, Feuer, 
            Fong, Fuentes, Furutani, Galgiani, Gordon, Hall, Hayashi, 
            Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, 
            Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning, 
            Norby, Pan, Perea, V. Manuel Pérez, Skinner, Smyth, 
            Solorio, Swanson, Valadao, Wieckowski, Williams, Yamada, 
            John A. Pérez
          NOES:  Donnelly, Fletcher, Beth Gaines, Gatto, Grove, 
            Hagman, Halderman, Harkey, Jones, Knight, Logue, Mansoor, 
            Miller, Morrell, Nielsen, Silva, Wagner
          NO VOTE RECORDED:  Cedillo, Conway, Garrick, Gorell, 
            Nestande, Olsen, Portantino, Torres


          CTW:mw  8/26/11   Senate Floor Analyses 







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                         SUPPORT/OPPOSITION:  SEE ABOVE

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