Today's Law As Amended


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AB-2368 CalWORKs eligibility: asset limits: motor vehicles.(2007-2008)



As Amends the Law Today


SECTION 1.

 Section 11155 of the Welfare and Institutions Code is amended to read:

11155.
 (a) Notwithstanding Section 11257, in addition to the personal property or resources permitted by other provisions of this part, and to the extent permitted by federal law, an applicant or recipient for aid under this chapter including an applicant or recipient under Chapter 2 (commencing with Section 11200) may retain countable resources in an amount equal to the amount permitted under federal law for qualification for the federal Supplemental Nutrition Assistance Program, administered in California as CalFresh. food stamps. 
(b) The county shall determine the value of exempt personal property other than motor vehicles in conformance with methods established under CalFresh. the Food Stamp Program. 
(c) (1)  (A)  The value of each motor vehicle that is not exempt under paragraph (4) shall be the equity value of the vehicle, which shall be the fair market value less encumbrances. a licensed motor vehicle shall be excluded from consideration as property when determining and redetermining eligibility.  
(B) Any motor vehicle with an equity value of nine thousand five hundred dollars ($9,500) or less shall not be attributed to the family’s resource level.
(C) For each motor vehicle with an equity value of more than nine thousand five hundred dollars ($9,500), the equity value that exceeds nine thousand five hundred dollars ($9,500) shall be attributed to the family’s resource level.
(2) The equity threshold described in paragraph (1) of nine thousand five hundred dollars ($9,500) shall be adjusted upward annually by the increase, if any, in the United States Transportation Consumer Price Index for All Urban Consumers published by the United States Department of Labor, Bureau of Labor Statistics.
(3) The county shall determine the fair market value of the vehicle in accordance with a methodology determined by the department. The applicant or recipient shall self-certify the amount of encumbrance, if any.
(4) The entire value of any motor vehicle shall be exempt if any of the following apply:
(A) It is used primarily for income-producing purposes.
(B) It annually produces income that is consistent with its fair market value, even if used on a seasonal basis.
(C) It is necessary for long distance travel, other than daily commuting, that is essential for the employment of a family member.
(D) It is used as the family’s residence.
(E) It is necessary to transport a physically disabled family member, including an excluded disabled family member, regardless of the purpose of the transportation.
(F) It would be exempted under any of subparagraphs (A) to (D), inclusive, but the vehicle is not in use because of temporary unemployment.
(G) It is used to carry fuel for heating or water for home use, when the transported fuel or water is the primary source of fuel or water for the family.
(H) Ownership of the vehicle was transferred through a gift, donation, or family transfer, as defined by the Department of Motor Vehicles.
(d) This section shall become inoperative on June 1, 2020, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, as added by Section 34 of the act that added this subdivision, whichever date is later, and as of that date is repealed. The value of any unlicensed vehicle shall be the fair market value less encumbrances. 

SEC. 2.

 Section 11155.1 of the Welfare and Institutions Code is amended to read:

11155.1.
 (a) Notwithstanding Sections 11155 and 11257, the department shall seek any federal approvals necessary to conduct a demonstration program increasing the value of personal property that may be retained by a recipient of aid under Chapter 2 (commencing with Section 11200) to two thousand dollars ($2,000). The increased property limits shall not apply to applicants.
(b) This section shall be implemented only if the director executes a declaration, that shall be retained by the director, stating that federal approval for the implementation of this section has been obtained and specifying the duration of that approval.
SEC. 3.
 No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this section.
SEC. 4.
 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.