BILL ANALYSIS
AB 52
Page 1
ASSEMBLY THIRD READING
AB 52 (Cedillo)
As Amended March 16, 1999
Majority vote
HUMAN SERVICES 6-2 HEALTH 9-3
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|Ayes:|Aroner, Ducheny, Dutra, |Ayes:|Gallegos, Corbett, |
| |Floyd, Shelley, | |Firebaugh, Kuehl, |
| |Strom-Martin | |Steinberg, Thomson, |
| | | |Vincent, Wayne, Wildman |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Ashburn, Kaloogian |Nays:|Granlund, Strickland, |
| | | |Thompson |
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APPROPRIATIONS 14-7
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|Ayes:|Migden, Cedillo, Davis, | | |
| |Hertzberg, Kuehl, Papan, | | |
| |Romero, Shelley, | | |
| |Steinberg, Thomson, | | |
| |Wesson, Wiggins, Wright, | | |
| |Aroner | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Brewer, Ashburn, Battin, | | |
| |Pescetti, Maldonado, | | |
| |Runner, Zettel | | |
| | | | |
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SUMMARY : Provides that individuals who would otherwise have
been eligible for various health programs but for their
immigration status, shall continue to be eligible for those
programs. Specifically, this bill :
1)Provides that any person who was eligible for certain public
benefit programs under the eligibility requirements in effect
on July 16, 1996, shall continue to be eligible for those
programs regardless of immigration status, as long as he or
she meets all other applicable eligibility requirements.
2)Applies continued eligibility to the following programs:
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a) California Children's Services;
b) Genetically Handicapped Person's Program;
c) Alzheimer's Disease Program;
d) Traumatic Brain Injury Project;
e) Brain Damaged Adults Program;
f) Children's Mental Health Services;
g) Services for the Developmentally Disabled;
h) Adult and Older Adult Mental Health System of Care;
i) Community Mental Health Services;
j) Early Mental Health Initiative; and,
k) Medi-Cal Long-term care.
EXISTING LAW:
1)Provides for various mental health programs administered by
the state Department of Mental Health.
2)Provides for services to persons with developmental
disabilities through the state Department of Developmental
Services and regional centers.
3)Provides for federal funding to assist in the provision of
special education services and other services for children
with disabilities.
4)Provides Medi-Cal benefits to documented aliens and state-only
long-term care to undocumented aliens.
5)Precludes, under federal law, the provision of federally
funded benefits, with specified exceptions, to certain aliens.
Precludes, with specified exceptions, these aliens from
receiving benefits funded exclusively from state or local
funds without enactment of new state legislation after August
22, 1996.
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FISCAL EFFECT : The Assembly Appropriations Committee found
General Fund costs potentially in the range of $20 million
annually.
COMMENTS : This bill reintroduces AB 2031 (Cedillo) which was
vetoed last year by Governor Wilson. The Governor stated in his
veto message that the bill violated the intent of federal policy
to discourage illegal immigration by removing incentives for it
and that the specified programs did not fall within those he
excluded for "compassionate reasons."
The federal Personal Responsibility and Work Opportunity and
Reconciliation Act of 1996 prohibits, with certain exceptions,
the payment of state or local public benefits to nonqualified
aliens unless the state enacts a law which affirmatively
provides for such eligibility. In response to the federal
legislation, Governor Wilson identified over 200 benefit
programs as being covered by this requirement of the federal law
and, through an Executive Order, instructed state agencies to
implement regulations terminating eligibility for nonqualified
aliens. The Executive Order is still in effect.
This bill is intended to re-enact eligibility for nonqualified
aliens for public benefit programs that provide health and other
benefits to disabled persons and children. The effect is to
continue benefits to individuals who would have been eligible to
receive those benefits prior to the enactment of the federal
law, provided they would otherwise qualify for those benefits.
Supporters state that Governor Wilson's proposal to eliminate
nonqualified aliens' eligibility for the identified programs and
the failure to re-enact legislation authorizing the programs
will endanger all Californians. They state that immigrants who
are forced to survive without essential treatment can become a
danger to themselves and others. They also point out that the
rehabilitative and preventive services identified in this bill
are more cost-effective than long-term hospitalizations.
Finally, they note the burdensome verification requirements
necessary to establish who is a nonqualified alien create a
delay of critical services for all consumers and increase the
costs of providing services.
The sponsors of this bill, the California Immigrant Welfare
Collaborative, state that the public benefit programs identified
in this bill provide crucial services to some of the most
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vulnerable individuals including, for example, seniors disabled
by Alzheimer's disease, developmentally disabled adults, those
with brain injury who can be treated at home and avoid
institutionalization, and children with severe mental and
emotional problems.
Analysis Prepared by : Curtis Child / HUM. S. / (916) 319-2247
FN: 0001195