BILL NUMBER: SB 1060	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hancock

                        FEBRUARY 13, 2012

   An act to repeal Section 17012.5 of, and to repeal and add Section
11251.3 of, the Welfare and Institutions Code, relating to CalWORKs.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1060, as introduced, Hancock. CalWORKs benefits: lifetime ban.
   Existing federal law provides for the 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 each county provides cash assistance and other
benefits to qualified low-income families through a combination of
state, county, and federal funds received through the federal TANF
program.
   Under federal law, an individual convicted under federal or state
law of an offense that is classified as a felony by the law of the
jurisdiction involved, and that has as an element the possession,
use, or distribution of a controlled substance, as defined, shall not
be eligible for assistance under a state program funded under
provisions of federal law regarding the TANF program. Existing law
authorizes a state to exempt individuals domiciled in the state from
this prohibition.
   Existing state law provides that an individual who has been
convicted in state or federal court of a felony that has as an
element the possession, use, or distribution of a controlled
substance, as defined under federal law or the California Uniform
Controlled Substances Act, is ineligible for aid under the CalWORKs
program.
   This bill would delete the existing provisions, and would instead
provide that a person convicted of a drug-related felony shall be
eligible to receive CalWORKs benefits if he or she meets certain
conditions of eligibility. The bill also would make a conforming
change.
   Existing law continuously appropriates moneys from the General
Fund to defray a portion of county costs under the CalWORKs program.
   This bill would instead provide that the continuous appropriation
would not be made for purposes of implementing the bill.
   By revising and expanding standards of eligibility for benefits
under the CalWORKs program, this bill would increase the
responsibilities of counties, and 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.
   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.  Section 11251.3 of the Welfare and Institutions Code,
as added by Section 1 of Chapter 283 of the Statutes of 1997, is
repealed. 
   11251.3.  (a) An individual shall be ineligible for aid under this
chapter if the individual has been convicted in state or federal
court after December 31, 1997, including any plea of guilty or nolo
contendere, of any offense classified as a felony and that has as an
element of the possession, use, or distribution of a controlled
substance, defined in Section 102(6) of the Controlled Substance Act
(21 U.S.C. Sec. 802(6)).
   (b) For a family receiving aid under this chapter that includes an
individual who is ineligible pursuant to subdivision (a), a county
shall issue vouchers or vendor payments for at least rent and
utilities payments. 
  SEC. 2.  Section 11251.3 of the Welfare and Institutions Code, as
added by Section 1 of Chapter 284 of the Statutes of 1997, is
repealed. 
   11251.3.  (a) An individual shall be ineligible for aid under this
chapter if the individual has been convicted in state or federal
court after December 31, 1997, including any plea of guilty or nolo
contendere, of a felony that has as an element the possession, use,
or distribution of a controlled substance, defined in Section 102(6)
of the Controlled Substances Act (21 U.S.C. Sec. 802(6)) or Division
10 (commencing with Section 11000) of the Health and Safety Code.
   (b) For a family receiving aid under this chapter that includes an
individual who is ineligible pursuant to subdivision (a), a county
shall issue vouchers or vendor payments for at least rent and
utilities payments. 
  SEC. 3.  Section 11251.3 is added to the Welfare and Institutions
Code, to read:
   11251.3.  (a) Subject to the limitations of subdivision (b),
pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C.
Sec. 862a(d)(1)(A)), California opts out of the provisions of Section
115(a) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(1)), and
persons convicted in state or federal court, including any plea of
guilty of nolo contendere, of any offense classified as a felony that
has as an element the possession, use, or distribution of a
controlled substance, as defined in Section 102(6) of the Controlled
Substances Act (21 U.S.C. Sec. 802(6)) or Division 10 (commencing
with Section 11000) of the Health and Safety Code, shall be eligible
to receive CalWORKs benefits under this section.
   (b) As a condition of eligibility to receive CalWORKs pursuant to
subdivision (a), an applicant described in subdivision (a) shall be
required to provide proof of one of the following subsequent to the
most recent drug-related conviction, or plea of guilty or nolo
contendere:
   (1) Completion of a government-recognized drug treatment program.
   (2) Participation in a government-recognized drug treatment
program.
   (3) Enrollment in a government-recognized drug treatment program.
   (4) Placement on a waiting list for a government-recognized drug
treatment program.
   (5) Other evidence that all illegal use, possession, or
distribution of controlled substances has ceased, as established by
State Department of Social Services regulations.
   (c) (1) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the department may implement this section by all-county letters or
similar instructions. Thereafter, the department shall adopt
regulations to implement this section by October 1, 2014.
  SEC. 4.  Section 17012.5 of the Welfare and Institutions Code is
repealed. 
   17012.5.  An individual ineligible for aid under Chapter 2
(commencing with Section 11200) of Part 3 pursuant to Section
11251.3, who is a member of an assistance unit receiving aid under
that chapter, shall also be ineligible for non-health-care benefits
under this part. 
  SEC. 5.  No appropriation pursuant to Section 15200 of the Welfare
and Institutions Code shall be made for purposes of implementing this
act.
  SEC. 6.  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.