Amended in Senate June 24, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1654

Introduced by Assembly Member Bonilla

February 11, 2014

An act to amend Section 17504 of the Family Code, and to amend begin insert Section end insert 11475.3 of the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL’S DIGEST

AB 1654, as amended, Bonilla. CalWORKs: assignment of child support.

Existing federal law provides for 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 for the allocation of federal funds received through the TANF program, under which each county provides cash assistance and other benefits to qualified low-income families. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.

Under existing law, a recipient of CalWORKs aid is required to assign to the county any rights to support from any other person that the recipient may have, on his or her behalf, or on behalf of any other family member for whom the recipient is receiving aid, not exceeding the total amount of CalWORKs cash assistance provided to the family. Existing law also requires the first $50 of any amount of child support collected in a month in payment of the required support obligation for that month to be paid to a recipient of CalWORKs aid, and prohibits this amount from being considered income or resources of the recipient family or being deducted from the amount of aid to which the family would otherwise be eligible.

This bill would increase that amount to $100 for a family with one child and $200 for a family with 2 or more children begin delete , or a greater amount if authorized by federal law end delete . Because each county is required to pay for a share of CalWORKs aid grant costs, the bill would impose a state-mandated local program. The bill would also provide that no appropriation would be made for purposes of the bill pursuant to the provision begin insert that end insert continuously begin delete appropriating end delete begin insert appropriates end insert funds for the CalWORKs 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.  

It is the intent of the Legislature to increase
payments of child support obligations, improve the health and
well-being of low-income children in single-parent homes, and to
strengthen family unity by authorizing the maximum amount of
child support permitted under federal law to be passed through to
children who receive CalWORKs basic needs assistance.

SEC. 2.  

Section 17504 of the Family Code is amended to read:

17504.  

The first one hundred dollars ($100) of any amount of
child support collected in a month for a family with one child, or
two hundred dollars ($200) for a family with two or more children,
in payment of the required support obligation for that month shall
be paid to a recipient of aid under Article 2 (commencing with
Section 11250) of Chapter 2 of Part 3 of Division 9 of the Welfare
and Institutions begin delete Code, unless Section 657(a)(6) of Title 42 of the
United States Code, or a similar federal law, specifies a greater
amount, in which case the amount specified in federal law shall
be paid to the recipient end delete begin insert Code end insert . Child support shall not be considered
income or resources of the recipient family or be deducted from
the amount of aid to which the family would otherwise be eligible.
The local child support agency in each county shall ensure that
payments are made to recipients as required by this section. This
section does not apply to recipients of foster care payments under
Article 5 (commencing with Section 11400) of Chapter 2 of Part
3 of Division 9 of the Welfare and Institutions Code.

SEC. 3.  

Section 11475.3 of the Welfare and Institutions Code
is amended to read:

11475.3.  

The first one hundred dollars ($100) of any amount
of child support collected in a month for a family with one child,
or two hundred dollars ($200) for a family with two or more
children, in payment of the required support obligation for that
month shall be paid to a recipient of aid under this begin delete chapter, unless
Section 657(a)(6) of Title 42 of the United States Code, or a similar
federal law, specifies a greater amount, in which case the amount
specified in federal law shall be paid to the recipient end delete begin insert chapter end insert . Child
support shall not be considered income or resources of the recipient
family or be deducted from the amount of aid to which the family
would otherwise be eligible. The local child support agency in
each county shall ensure that payments are made to recipients as
required by this section. This section does not apply to recipients
of foster care payments under Article 5 (commencing with Section
11400) of Chapter 2 of Part 3 of Division 9 of the Welfare and
Institutions Code.

SEC. 4.  

No appropriation pursuant to Section 15200 of the
Welfare and Institutions Code shall be made for purposes of
implementing this act.

SEC. 5.  

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.