BILL NUMBER: AB 2417 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 21, 2000
AMENDED IN ASSEMBLY MAY 26, 2000
INTRODUCED BY Assembly Member Firebaugh
(Coauthors: Assembly Members Bock and Kuehl)
(Coauthor: Senator Solis)
FEBRUARY 24, 2000
An act to amend Sections 18930, 18938, and 18940 of the Welfare
and Institutions Code, relating to human services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2417, as amended, Firebaugh. Assistance for immigrants.
Existing law, the California Food Assistance Program provides food
assistance to eligible immigrants. Existing law provides for the
implementation of the program only when federal benefits are
provided.
Existing law requires the State Department of Social Services to
establish and supervise a county or county-consortia administered
program to provide cash assistance to aged, blind, and disabled legal
immigrants.
Existing law limits the period of time during which any applicant
for benefits under the California Food Assistance Program or the cash
assistance program who entered the United States on or after August
22, 1996, will remain eligible for benefits under either of those
programs.
This bill would eliminate those limitations.
Existing law provides that federal deeming rules and exemptions
governing the determination of eligibility for benefits under the
SSI/SSP program shall also govern the cash assistance for legal
immigrants program.
Existing law also specifies, with respect to legal immigrants who
entered the United States on or after August 22, 1996, and do not
meet the exemption from deeming, that the period for deeming of a
sponsor's income and resources to the applicant shall be 5 years from
the date of the sponsor's execution of the affidavit of support or
the date of the immigrant's arrival in the United States, whichever
is later.
This bill would revise that provision to apply that deeming
requirement to any nonexempt immigrant who entered the United States
on or after August 22, 1996. The bill would also provide that
immigrants whose sponsors are disabled shall be subject to federal
deeming rules and exemptions governing the SSI/SSP program, except
that for immigrants with specified affidavits of support who do not
meet exemptions from deeming, the period for deeming of a sponsor's
income and resources shall be 5 years from the date of the sponsor's
execution of the affidavit of support or the date of the immigrant's
arrival in the United States, whichever is later.
To the extent this bill increases county responsibilities in the
administration of the program, this bill would result in 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) (1) Except as provided in paragraph (2) and Section 18930.5,
noncitizens of the United States shall be eligible for the program
established pursuant to subdivision (a) if 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) Noncitizens of the United States shall be eligible for the
program established pursuant to subdivision (a) if the person is a
battered immigrant spouse or 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,
or if the person is a Cuban or Haitian entrant as described in
Section 501(e) of the federal Refugee Education Assistance Act of
1980 (Public Law 96-122).
(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.
SEC. 2. Section 18938 of the Welfare and Institutions Code is
amended to read:
18938. (a) An individual, 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) The department shall periodically redetermine the eligibility
of each individual.
(c) 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. 3. 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
shall also govern the program provided for under this chapter.
(b) Federal deeming rules and exemptions 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, except that
for immigrants who entered the United States on or after August 22,
1996, and who do not meet exemptions from deeming, the period for
deeming of a sponsor's income and resources shall be five years from
the date of the sponsor's execution of the affidavit of support or
the date of the immigrant's arrival in the United States, whichever
is later.
(c) 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
Sections 11495.1 and 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 may include, but is not
limited to, the following:
(1) Police, government agency, or court records or files.
(2) Documentation from a domestic violence program, or from a
legal, clinical, medical, or other professional from whom the
applicant or recipient has sought assistance in dealing with abuse.
(3) A statement from any other individual with knowledge of the
circumstances that provided the basis for the claim.
(4) Physical evidence of abuse.
(5) 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.
(d) Notwithstanding any other provision in this chapter,
immigrants whose sponsors are disabled, as specified in subparagraph
(A) of paragraph (3) of subdivision (b) of Section 11320.3, shall be
subject to federal deeming rules and exemptions governing the SSI/SSP
program, except that for immigrants with affidavits of support under
Section 1183a of Title 8 of the United States Code, who do not meet
exemptions from deeming, the period for deeming of a sponsor's income
and resources shall be five years from the date of the sponsor's
execution of the affidavit of support or the date of the immigrant's
arrival in the United States, whichever is later.
SEC. 4. 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.