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AB-944 CalWORKs: sponsored noncitizen: indigence exception.(2019-2020)

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Date Published: 09/13/2019 09:00 PM
AB944:v97#DOCUMENT

Enrolled  September 13, 2019
Passed  IN  Senate  September 06, 2019
Passed  IN  Assembly  September 10, 2019
Amended  IN  Senate  August 30, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 944


Introduced by Assembly Member Quirk
(Principal coauthor: Senator Skinner)
(Coauthors: Assembly Members Chiu and Gipson)
(Coauthor: Senator Wieckowski)

February 20, 2019


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


LEGISLATIVE COUNSEL'S DIGEST


AB 944, Quirk. CalWORKs: 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, CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county, and the Medi-Cal program, under which qualified low-income individuals receive health care services. Existing federal and state law provide that in determining the eligibility and amount of aid for an alien, the income and resources of an alien shall be deemed to include the income and resources of any person who has executed an affidavit of support on behalf of the alien 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 alien is determined to be indigent, as specified, the sponsored alien shall be exempt from the sponsor deeming requirements for a period beginning on the date of that indigency determination and ending 12 months after that date.
This bill would, to the extent permitted by federal law, waivers, and directives, require a county to renew the 12-month exception period for additional 12-month periods for a sponsored applicant for, or recipient of, CalWORKs benefits who is deemed to meet the indigence requirement, as specified. The bill would require the department to commence implementing this provision when the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement the 12-month renewals. The bill would authorize the department to implement and administer this provision through all-county letters or similar instructions until regulations are adopted, and require the department to adopt regulations no later than 24 months after the release of the all-county letters or similar instructions. By increasing county duties, the bill would impose a state-mandated local program.
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) Notwithstanding any other law, in determining the eligibility and amount of aid for a noncitizen under this division, 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 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 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 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 commence implementing this subdivision when the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this subdivision.
(d) 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 subdivision (c) through all-county letters or similar instructions until regulations are adopted. The department shall adopt regulations implementing the act that added subdivision (c) no later than 24 months after the release of the all-county letters or similar instructions.

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.