BILL NUMBER: AB 873 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 2, 1999
AMENDED IN ASSEMBLY MAY 28, 1999
INTRODUCED BY Assembly Member Villaraigosa
FEBRUARY 25, 1999
An act to amend Sections 18930, 18930.5, 18934, 18938, 18940, and
18944 of the Welfare and Institutions Code, relating to public social
services.
LEGISLATIVE COUNSEL'S DIGEST
AB 873, as amended, Villaraigosa. Social services programs:
legal immigrants.
Existing law, operative until July 1, 2000, requires the State
Department of Social Services to establish a Food Assistance Program
for certain immigrants residing in this state.
Existing law, operative until July 1, 2000, requires the
department to establish and supervise a county-administered program
to provide cash assistance to aged, blind, and disabled legal
immigrants who are noncitizens.
This bill would indefinitely extend these programs.
This bill would also make certain changes in eligibility and
application requirements for these programs.
Because each county is required to administer this program, the
bill would constitute 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
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 18930 of the Welfare and Institutions Code is
amended to read:
18930. (a) The State Department of Social Services shall
establish a Food Assistance Program to provide assistance for those
persons described in subdivision (b). The department shall enter
into an agreement with the United States Department of Agriculture to
use the existing federal Food Stamp Program coupons for the purposes
of administering this program. Persons who are members of a
household receiving food stamp benefits under this chapter or under
Chapter 10 (commencing with Section 18900), and are receiving
CalWORKs benefits under Chapter 2 (commencing with Section 11200) of
Part 3 on September 1, 1998, shall have eligibility determined under
this chapter without need for a new application no later than
November 1, 1998, and the beginning date of assistance under this
chapter for those persons shall be September 1, 1998.
(b) Noncitizens of the United States shall be eligible for the
program established pursuant to subdivision (a) if any of the
following applies:
(1) The person's immigration status meets the eligibility criteria
of the federal Food Stamp Program in effect on August 21, 1996, but
he or she is not eligible for federal food stamp benefits solely due
to his or her immigration status under Public Law 104-193 and any
subsequent amendments thereto.
(2) The person is a battered immigrant spouse, child, or the
parent or child of the battered immigrant, as described in Section
1641(c) of Title 8 of the United States Code, as amended by Section
5571 of Public Law 105-33.
(3) The person is a Cuban or Haitian entrant as described in
Section 501(e) of the federal Refugee Education Assistance Act of
1980.
(c) In counties approved for alternate benefit issuance systems,
that same alternate benefit issuance system shall be approved for the
program established by this chapter.
(d) (1) To the extent allowed by federal law, the income,
resources, and deductible expenses of those persons described in
subdivision (b) shall be excluded when calculating food stamp
benefits under Chapter 10 (commencing with Section 18900).
(2) No household shall receive more food stamp benefits under this
section than it would if no household member was rendered ineligible
pursuant to Title IV of Public Law 104-193 and any subsequent
amendments thereto.
(e) This section shall become operative on September 1, 1998.
SEC. 2. Section 18930.5 of the Welfare and Institutions Code is
amended to read:
18930.5. (a) As a condition of eligibility for assistance under
this chapter:
(1) A recipient who is also receiving aid under Chapter 2
(commencing with Section 11200) of Part 3 shall be required to
satisfactorily participate in welfare-to-work activities in
accordance with the recipient's welfare-to-work plan developed
pursuant to Section 11325.21.
(2) A recipient who is not receiving aid under Chapter 2 shall be
required to meet the federal Food Stamp Program work requirement
specified in Section 6(o) of the Food Stamp Act of 1977 and any
subsequent amendments thereto.
(b) This section shall become operative on September 1, 1998.
SEC. 3. Section 18934 of the Welfare and Institutions Code is
amended to read:
18934. It is the intent of the Legislature to annually
appropriate funds in the Budget Act for the purpose of providing
services under this chapter.
SEC. 4. Section 18938 of the Welfare and Institutions Code is
amended to read:
18938. (a) An individual who is disabled, as defined for
purposes of Chapter 3 (commencing with Section 12000) of Part 3,
upon application, shall be eligible for the program
established pursuant to Section 18937 if his or her immigration
status meets the eligibility criteria of the Supplemental Security
Income/State Supplementary Program for the Aged, Blind, and Disabled
(SSI/SSP) in effect on August 21, 1996, but he or she is not eligible
for SSI/SSP benefits solely due to his or her immigration status
under Title IV of Public Law 104-193 and any subsequent amendments
thereto.
(b) Any applicant who physically entered the United States on
or after August 22, 1996, shall be eligible for aid under this
program only if one of the following applies:
(1) He or she has a disability as defined by the rules governing
the SSI/SSP program.
(2) He or she is sponsored and one of the following conditions is
met:
(A) The sponsor has died.
(B) The sponsor is disabled, as defined in subparagraph (A) of
paragraph (3) of subdivision (b) of Section 11320.3.
(C) The applicant, after entry into the United States, is a victim
of abuse by the sponsor or the spouse of the sponsor if the spouse
is living with the sponsor.
(c) (1) For purposes of paragraph (2) of subdivision (b), the
applicant shall be required to provide verification that one of the
conditions of subparagraphs (A), (B), or (C) of paragraph (2) of
subdivision (b) has been met.
(2) For purposes of subparagraph (C) of paragraph (2) of
subdivision (b) abuse shall be defined in the same manner as provided
in Section 11495.1 and Section 11495.12. A sworn statement of abuse
by a victim, or the representative of the victim if the victim is
not able to competently swear, shall be sufficient to establish abuse
if one or more additional items of evidence of abuse is also
provided.
Additional evidence of abuse may include, but is not limited to,
the following:
(A) Police, government agency, or court records or files.
(B) Documentation from a domestic violence program, legal,
clinical, medical, or other professional from whom the applicant or
recipient has sought assistance in dealing with abuse.
(C) A statement from any other individual with knowledge of the
circumstances that provided the basis for the claim.
(D) Physical evidence of abuse.
(3) If the victim cannot provide additional evidence of abuse,
then the sworn statement shall be sufficient if the county makes a
determination documented in the case file that the applicant is
credible. The department shall periodically redetermine the
eligibility of each individual.
(c)
(e) The department shall take all steps necessary to qualify
any benefits paid under this section to be eligible for
reimbursement as federal Interim Assistance including requiring a
repayment agreement.
SEC. 5. Section 18940 of the Welfare and Institutions Code is
amended to read:
18940. (a) Except as otherwise provided in this chapter, the
federal and state laws and regulations governing the SSI/SSP program,
including all federal and state laws and regulations designed to
protect SSI/SSP recipients and their resources, shall also govern the
program provided for under this chapter.
(b) To the extent permitted by federal law, in determining the
eligibility of an individual pursuant to this chapter the income and
resources of the individual shall be deemed to include the income and
resources of any person who executes an affidavit of support on
behalf of the individual, as well as the income and resources of the
spouse of the person executing the affidavit, for a period of five
years from the date of entry into the country.
(b) Federal deeming rules and exemptions governing the SSI/SSP
program shall govern the program provided for under this chapter,
except that for immigrants who enter the United States on or after
August 22, 1996, who do not meet exemptions from deeming, the period
for deeming of a sponsor's income and resources shall be 5 years.
(c) (1) Notwithstanding any other provision in this chapter,
immigrants who are victims of abuse by their sponsor or sponsor's
spouse shall be exempt from deeming. Abuse shall be defined in the
same manner as provided in Section 11495.1 and Section 11495.12. A
sworn statement of abuse by a victim, or the representative of the
victim if the victim is not able to competently swear, shall be
sufficient to establish abuse if one or more additional items of
evidence of abuse is also provided.
(2) Additional evidence of abuse may include, but is not limited
to, the following:
(A) Police, government agency, or court records or files.
(B) Documentation from a domestic violence program, legal,
clinical, medical, or other professional from whom the applicant or
recipient has sought assistance in dealing with abuse.
(C) A statement from any other individual with knowledge of the
circumstances that provided the basis for the claim.
(D) Physical evidence of abuse.
(3) If the victim cannot provide additional evidence of abuse,
then the sworn statement shall be sufficient if the county makes a
determination documented in writing in the case file that the
applicant is credible.
SEC. 6. Section 18944 of the Welfare and Institutions Code is
amended to read:
18944. (a) It is the intent of the Legislature to annually
appropriate funds in the Budget Act for the purpose of providing
services under this chapter.
(b) This chapter shall become operative on:
(1) October 1, 1998, for those individuals who are eligible for
aid under this chapter and are discontinued from the SSI/SSP program
effective with their September 1998 benefits as a result of their
immigration status under Title IV of Public Law 104-193 and any
subsequent amendments thereto. Until the counties begin full
operation the department shall cause a payment to each individual or
couple to be issued through the Controller so that there is no
interruption in these individual's receipt of aid to which they are
eligible under this chapter.
(2) November 1, 1998, for applicants for this program to have
their applications accepted by county welfare departments, and
establish a beginning date of aid. Counties shall have the ability
to make eligibility determinations and cause the issuance of payments
no later than December 1, 1998, unless the federal government has
agreed to provide the services under this chapter at an earlier date.
SEC. 7. Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.