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AB-3142 Public social services: sponsored noncitizen: indigence exception.(2019-2020)

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Date Published: 02/21/2020 09:00 PM
AB3142:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3142


Introduced by Assembly Member Wicks

February 21, 2020


An act to amend Sections 11008.135, 18932, and 18940 of the Welfare and Institutions Code, relating to public social services.


LEGISLATIVE COUNSEL'S DIGEST


AB 3142, as introduced, Wicks. Public social services: sponsored noncitizen: indigence exception.
Existing law provides for various public social services programs, including, among others, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals, and CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county.
Existing federal and state law provide that in determining the eligibility and amount of aid for a noncitizen, the income and resources of the noncitizen shall be deemed to include the income and resources of any person who has executed an affidavit of support on behalf of the noncitizen and the spouse of that person, as specified, and requires the sponsored applicant or recipient to provide information regarding the income and resources of those persons. Existing federal law and state regulations provide that if a sponsored noncitizen is determined to be indigent, as specified, the sponsored noncitizen shall be exempt from the sponsor deeming requirements for a period beginning on the date of that indigence determination and ending 12 months after that date.
This bill would specify that the indigence exception may be renewed every 12 months for additional 12-month periods. By increasing county duties relating to the administration of public social services, this bill would impose a state-mandated local program.
Existing federal law requires, when an agency makes a determination of indigence for purposes of the CalFresh program, the agency to notify the United States Attorney General of that determination, including the names of the sponsor and sponsored noncitizen.
This bill would prohibit a state or local agency from notifying the United States Attorney General of that determination when it is made as part of determining eligibility for state-funded aid or services.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would provide that the continuous appropriation would not be made for purposes of implementing the bill.
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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

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

11008.135.
 (a) (1) 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.
(2) The indigence exception specified in Section 1631 of Title 8 of the United States Code may be renewed every 12 months for additional 12-month periods.
(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) The United States Attorney General shall not be notified pursuant to Section 1631(e)(2) of Title 8 of the United States Code if a determination of indigence is made as part of determining eligibility for state-funded aid or services.

SEC. 2.

 Section 18932 of the Welfare and Institutions Code is amended to read:

18932.
 (a) Except as otherwise provided in this chapter, the federal and state laws and regulations governing the federal Food Stamp Program shall also govern the program provided for under this chapter.
(b) Federal deeming rules and exemptions governing the federal Food Stamp Program shall also govern the program provided for under this chapter, 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 three years from the date of the sponsor’s execution of the affidavit of support pursuant to Section 1183a of Title 8 of the United States Code. The United States Attorney General shall not be notified pursuant to Section 1631(e)(2) of Title 8 of the United States Code if a determination of indigence is made as part of determining eligibility for benefits under this chapter.
(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 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.

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 described in paragraph (3) of subdivision (a) of Section 18938 who do not meet exemptions from deeming, the period for deeming of a sponsor’s income and resources shall be 10 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. The United States Attorney General shall not be notified pursuant to Section 1631(e)(2) of Title 8 of the United States Code if a determination of indigence is made as part of determining eligibility for benefits under this chapter.
(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 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.

SEC. 4.

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