BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2352
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          ASSEMBLY THIRD READING
          AB 2352 (Roger Hernández)
          As Introduced  February 24, 2012
          Majority vote 

           HUMAN SERVICES      5-0         APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Beall, Jones, Ammiano,    |Ayes:|Fuentes, Blumenfield,     |
          |     |Hall, Portantino          |     |Bradford, Charles         |
          |     |                          |     |Calderon, Campos, Davis,  |
          |     |                          |     |Gatto, Hall, Hill, Lara,  |
          |     |                          |     |Mitchell, Solorio         |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |Nays:|Harkey, Donnelly,         |
          |     |                          |     |Nielsen, Norby, Wagner    |
           ----------------------------------------------------------------- 
           
          SUMMARY  :  Deletes the requirement that county welfare 
          departments assess the value of a vehicle when determining and 
          re-determining eligibility for applicants and recipients of 
          California Work Opportunity and Responsibility to Kids program 
          (CalWORKs). 

           EXISTING LAW  :  

          1)Establishes the CalWORKs program to provide welfare-to-work 
            services to qualifying persons.

          2)Limits 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 house 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, 








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               starting a business, purchasing a home, or overcoming an 
               episode of homelessness.

           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee:
          
             1)   Ongoing savings in the CalWORKs program of $4 
               million Temporary Assistance for Needy 
               Families/maintenance of effort (TANF/MOE) per year:

               a)     Increased grant costs of $357,000 (TANF/MOE) 
                 for 2012-2013, increasing to $4.2 million (TANF/MOE) 
                 in 2014-15 due to an increased CalWORKs caseload.

               b)     Savings of $5 million (TANF/MOE) in 2012-2013, 
                 growing to approximately $10 million (TANF/MOE) in 
                 2014-2015 and beyond due to reduced administrative 
                 workload. 

             2)   Actual administrative savings would likely be less 
               as the CalWORKs program has not received funding 
               increases to keep pace with actual operations costs 
               since 2001.  In addition, county welfare departments 
               have sustained hundreds of millions of dollars of cuts 
               over the last several years. However, reducing the 
               workload associated with CalWORKs eligibility would 
               help relieve the funding pressures faced by county 
               welfare departments.

           COMMENTS  :  The author states that:

               The primary goal of the CalWORKs program is to move 
               families out of poverty and towards self-sufficiency.  
               One of the key components of the program is requiring 
               adult participants to either work or receive some type 
               of training that will help them get a job.  The 
               vehicle limit was originally designed to allow 
               families to retain a reliable car in order to find and 
               maintain employment.  However, the existing vehicle 
               asset test proves to be a hindrance to families whose 
               vehicle value is slightly above the limit because they 
               face the choice between disposing of their automobile 
               and foregoing needed cash assistance.  This proposal 
               is an important step towards reducing the barriers to 








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               eligibility and increasing access to CalWORKs for 
               those who are in need. 

          The author points out that the ongoing economic downturn and the 
          state's fiscal crisis continue to negatively and detrimentally 
          affect Californians.  With 12.5% of California's workforce, the 
          author notes, currently unemployed people are facing incredible 
          challenges in order to meet their basic needs.  As a result, a 
          growing number of families and individuals have turned to the 
          CalWORKs program for assistance.  The author says that, as of 
          September 2010, 576,845 California families relied on the 
          state's welfare-to-work program.  In Los Angeles County alone, 
          about 13,000 families apply for CalWORKs each month.

          A recent report by the County of Los Angeles on the 
          transportation barriers faced by low-income families concludes 
          that "car ownership is strongly correlated with employment 
          status, and increases the likelihood of employment."  The study 
          found that welfare-to-work recipients without a vehicle were 31% 
          more likely to indicate that they face difficulty in seeking 
          work, while those with a vehicle were 20% more likely to be 
          gainfully employed.

          The intent of this bill is to encourage CalWORKs families to 
          build their personal savings and asset accumulation in order to 
          become self-reliant and end their dependence on government 
          assistance.  An additional goal is to reduce the administrative 
          burden on local welfare agencies by streamlining the application 
          process, simplifying the program rules, decreasing paperwork and 
          cutting down on county time that would be better served on the 
          other human services programs it is entrusted by the state to 
          administer.  The author reports that, according to the New 
          America Foundation, less than 0.1% of all CalWORKs cases exceeds 
          the vehicle limit.  Repealing the vehicle asset test, the author 
          says, would have a negligible impact on the General Fund.

           
           Other states:  The federal TANF program allows 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, asset limits restrict families to no 
          more than $2,000 in savings (including some retirement and 








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          higher education savings) and to one car with a value of no more 
          than $4,650.  
           
          California's vehicle asset test, which was last increased 16 
          years ago, is one of the nation's most restrictive.  According 
          to the author, California is currently tied with Texas and Idaho 
          in having the most restrictive asset test for vehicles of any 
          state in the country:  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.  The author says that California's restrictive 
          vehicle asset policy undermines workers' ability to gain and 
          maintain employment, thereby encouraging continued reliance on 
          public assistance.


          Arguments in support:  In support of this bill, the California 
          State Association of Counties says that this bill "would 
          increase the opportunities for recipients to find and maintain 
          stable employment, while also increasing the state's work 
          participation rate, reducing grant cost in the long run, and 
          helping avoid federal penalties."  The County Welfare Directors 
          Association of California (CWDA) similarly says that this bill 
          "would enable ÝCalWORKs participants] to drive to their jobs, 
          child care, treatment and counseling, and other needed services, 
          increasing the state's work participation rate, reducing grant 
          costs and helping to avoid federal penalties."  CWDA points out 
          that the "primary goal of the CalWORKs program is to move 
          families out of poverty and towards self-sufficiency."  This 
          bill, CWDA concludes, "is an important step towards reducing the 
          barriers to eligibility and increasing access to CalWORKs for 
          those who are in need."  
           
          Prior legislation:  AB 1182 (Roger Hernández) of the current 
          legislative session, 2011-12, which was virtually identical to 
          this bill, was vetoed.  In his veto message, the governor noted, 
          "In the last year, the state has been forced to make steep 
          reductions in many programs, including the state's 
          welfare-to-work program.  As we go into the new year, we may 
          have to make additional cuts.  Until we better understand the 
          fiscal outlook, we should not be making changes of this kind." 

          AB 1058 (Beall), 2009-10 would have deleted the requirement that 
          county welfare departments assess the value of a vehicle when 








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          determining a CalWORKs' application or recertification.  Died in 
          the Senate Appropriations suspense file.
           
           AB 2368 (Fuentes), 2007-08 would have eliminated the vehicle 
          asset test for CalWORKs applicants and recipients.  Died in the 
          Senate Appropriations suspense file.

          AB 2480 (Sharon Runner), 2007-08 would have amended the CalWORKs 
          eligibility vehicle asset limit by increasing the vehicle 
          resource limit from $4,650 to $7,000 and adjusting it annually 
          starting on January 1, 2010 to be the lesser of either 3% or the 
          change in the California Consumer Price Index.  Also would have 
          added leased vehicles to the list of countable resources.  
          Failed passage in the Assembly Human Services Committee.
           

          Analysis Prepared by  :    Eric Gelber / HUM. S. / (916) 319-2089 
          FN: 0003544