BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
SB 320 (Wright)
Hearing Date: 05/26/2011 Amended: 04/25/2011
Consultant: Jolie Onodera Policy Vote: Human Services 7-0
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BILL SUMMARY: SB 320 would allow the Department of Social
Services (DSS) to develop policies for hearing settlements,
including the timely issuance of aid paid pending, and for the
expedited adjudication of cases where the county fails to meet
its burden of proof, provided the policies are cost neutral or
result in cost savings. The DSS would be allowed to set up a
workgroup to meet with stakeholders to develop these policies.
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Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
Policy development involving Unknown; significant cost
pressure General
stakeholder workgroup
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STAFF COMMENTS: SUSPENSE FILE.
This bill has been substantially amended since passing out of
the Senate Human Services Committee, and as currently drafted
includes provisional language authorizing the DSS to develop a
revised state hearings process in coordination with interested
stakeholders.
In the absence of specific statutory language indicating the
degree to which these policies will change existing processes,
the level of workload that would be necessary to develop these
policies is unknown but could be substantial. Considering the
significant budget reductions incurred by DSS and existing
pressures upon the State Hearings Division, it is extremely
unlikely that development of the complex processes and the
establishment of a workgroup could be completed within the
existing resources of the department.
The development of a revised state hearings process would
involve numerous parties including but not limited to DSS staff
from the State Hearings, Welfare to Work Legal, and
Administration Divisions, administrative law judges, judicial
staff, county welfare departments, county appeals
representatives, eligibility staff, information technology
staff, advocacy groups and claimants. Any proposed changes would
SB 320 (Wright)
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require consideration and analysis of the procedural and fiscal
effects upon current regulations governing state hearings that
cover who may request a hearing, timeframes for requests and
actions, when aid must be paid pending a hearing, when hearings
must be set, general rules as well as rules and procedures
related to the taking of evidence, postponements and
continuances for additional evidence, conditional withdrawals,
dismissals, examination of records, and issuance of subpoenas.
Further, the requirement to develop a policy that is cost
neutral or that results in cost savings could
require an extended period of time in excess of 12 to 18 months
to develop. Although permissive, the DSS authorization to
coordinate and complete this large-scale project places a
significant cost pressure on the General Fund.