Today's Law As Amended


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AB-2111 CalWORKs: sponsored noncitizen: indigence exception.(2017-2018)



As Amends the Law Today


SECTION 1.

 Section 11008.135 of the Welfare and Institutions Code is amended to read:

11008.135.
 (a) Notwithstanding any other provision of  law, in determining the eligibility and amount of aid for an alien a noncitizen  under this division, the income and resources of the alien noncitizen  shall be deemed to include the income and resources of any person who has executed an affidavit of support on behalf of the alien noncitizen  and the spouse of that person person,  as provided in Subtitle C (commencing with Section 421) of Title IV of Public Law 104-193, as amended by Public Law 104-208, and any subsequent amendments thereto, and  subject to any exceptions required allowed  by those provisions, including exceptions for indigents and battered spouses.
(b) As a condition of eligibility, the sponsored applicant or recipient shall provide information regarding the income and resources of any person, and the spouse of that person, who has executed an affidavit of support on behalf of the alien. noncitizen. 
(c) (1) To the extent permitted by federal law, waivers, and directives, a county shall renew the 12-month exception period for additional 12-month periods for a sponsored applicant for, or recipient of, benefits under the California Work Opportunity and Responsibility to Kids (CalWORKs) program (Chapter 2 (commencing with Section 11200) of Part 3) who is deemed to meet the indigence exception specified in Section 1631 of Title 8 of the United States Code.
(2) The department shall implement this subdivision between April 1, 2019, and July 1, 2019.
(d) (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 State Department of Social Services may implement and administer the act that added this subdivision through all-county letters or similar instructions until regulations are adopted.
(2) The department shall adopt emergency regulations implementing this section no later than January 1, 2021. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, any emergency regulation previously adopted pursuant to this section. The initial adoption of regulations pursuant to this section and one readoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State, and each shall remain in effect for no more than 180 days, by which time final regulations shall be adopted.
SEC. 2.
  No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.
SEC. 3.
 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.