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 implement this provision between April 1, 2019, and July 1, 2019, 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 emergency regulations no later than January 1, 2021. The bill would exempt the department from specific provisions of the Administrative Procedure Act relating to the adoption of emergency regulations, including the requirement for regulations to be reviewed by the Office of Administrative Law. 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.

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, regulations, 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 implement this provision between April 1, 2019, and July 1, 2019, 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 emergency regulations no later than January 1, 2021. The bill would exempt the department from specific provisions of the Administrative Procedure Act relating to the adoption of emergency regulations, including the requirement for regulations to be reviewed by the Office of Administrative Law. 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.

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, 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, regulations, waivers, and directives, authorize 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. 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.

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, 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, regulations, waivers, and directives, authorize 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.

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.

GOVERNOR'S VETO

GV Bill Id:AB 2111

Author:(Quirk)

As Enrolled Ver:September 10, 2018

2/3 vote

SUMMARY: Requires counties to renew the 12-month indigent immigrant exception related to CalWORKs benefits for additional 12-month periods, as federally permitted.

Specifically, this bill:

1. Requires a county, to the extent permitted by federal law and other instructions, to renew the 12-month indigent immigrant exception for additional 12-month periods for a sponsored CalWORKs applicant or recipient who is deemed to meet the indigence exception, as specified, and, further, requires the Department of Social Services (DSS) to implement these provisions between April 1, 2019, and July 1, 2019.
2. Clarifies that sponsor-deeming is subject to exceptions allowed by federal law, as specified.
3. Requires DSS to adopt emergency regulations implementing the provisions of this bill by January 1, 2021, to be followed by the adoption of final regulations, as specified, and authorizes DSS to implement and administer the provisions of this bill through all-county letters or similar instructions until regulations are adopted.
4. Provides that no continuous appropriation shall be made to implement the provisions of this bill, as specified.
5. Makes technical changes

The Senate amendments:

1. Add language requiring DSS to implement the provisions of this bill requiring counties to renew the 12-month indigent immigrant exception, as specified, between April 1, 2019, and July 1, 2019.
2. Add language requiring DSS to adopt emergency regulations implementing the provisions of this bill by January 1, 2021, to be followed by the adoption of final regulations, as specified, and authorizing DSS to implement and administer the provisions of this bill through all-county letters or similar instructions until regulations are adopted.
3. Make technical changes.

EXISTING LAW:

1. Establishes under federal law the Temporary Assistance for Needy Families (TANF) program to provide aid and welfare-to-work services to eligible families and, in California, provides that TANF funds for welfare-to-work services are administered through the CalWORKs program. (Title 42 United States Code Section (U.S.C.) 601 et seq., Welfare and Institutions Code Section (WIC) 11200 et seq.)
2. Establishes income, asset, and real property limits used to determine eligibility for the CalWORKs program, including net income below the Maximum Aid Payment (MAP), based on family size and county of residence, which is around 40% of the Federal Poverty Level. (WIC 11150 to 11160, 11450 et seq.)
3. Establishes a 48-month lifetime limit on CalWORKs benefits for eligible adults, including a period beyond the "24 month clock" during which a recipient must meet federal work requirements in order to retain eligibility. (WIC 11454, 11322.85)
4. Requires all individuals 16 years of age or older, unless they are otherwise exempt, to participate in welfare-to-work activities as a condition of eligibility for CalWORKs. (WIC 11320.3, 11322.6)
5. Establishes the number of weekly hours of welfare-to-work participation necessary to remain eligible for aid, including requirements for an unemployed parent in a two-parent assistance unit, as specified. (WIC 11322.8)
6. Defines disability-based unearned income, within the CalWORKs program, as state disability insurance benefits, private disability insurance benefits, temporary workers' compensation benefits, social security disability benefits, and any veteran's disability compensation. (WIC 11451.5)
7. Defines earned income as gross income received as wages, salary, employer-provided sick leave benefits, commissions, or profits from activities such as a business enterprise or farming in which the recipient is engaged as a self-employed individual or as an employee. (WIC 11451.5)
8. Stipulates in federal law what income and resources of a sponsor of a qualified immigrant, or that sponsors' spouse, should be used in determining the qualified immigrant's eligibility and amount of benefits for any federal means-tested public benefit program, and stipulates that, if it is determined that the sponsored immigrant would be unable to obtain food and shelter in the absence of assistance, the amount of income and resources of the sponsor or sponsor's spouse which shall be attributed to the sponsored immigrant shall not exceed the amount actually provided for 12 months from the date of this determination, as specified. (Title 8 U.S.C. 1631)

FISCAL EFFECT: According to the Senate Appropriations Committee on July 2, 2018, this bill may result in the following costs:

1. Estimated annual costs ranging from $2 million to $9 million (federal fund/General Fund) for extending CalWORKs grants, assuming a monthly grant amount of $564 per month. The caseload impacted by this bill is difficult to identify, and costs can vary substantially depending on the actual number renewing their exception, their grant amount, and the number of months that they receive it;
2. One-time, potentially significant costs to DSS to develop regulations to implement these provisions; and
3. Unknown, likely minor costs to counties for additional workload to determine eligibility and renew exceptions. These state-mandated costs are potentially reimbursable subject to a determination by the Commission on State Mandates, should a county choose to file a claim.

COMMENTS:

CalWORKs: CalWORKs is a county-administered public assistance program that is funded in part by the federal TANF block grant and that aims to help children and families meet basic needs and move out of poverty. Families receive cash assistance and have access to a variety of services, including, where applicable, child care, as well as services aimed at addressing mental health needs, substance use disorders, instances of domestic violence, and learning disabilities, among other issues. Parents must develop and participate in a welfare-to-work plan, unless exempted or otherwise not required to participate. The maximum CalWORKs grant for a family of three living in a high cost county, if the family has no other income, is $714 per month. For Fiscal Year 2017-18, the average monthly CalWORKs cash grant is $564 per household. In Fiscal Year 2016-17, the average monthly CalWORKs caseload was 452,770 households, of which 154,005 were single-parent households and 234,766 were households where only the child or children received aid.

The CalWORKs program typically requires recipients to participate in welfare-to-work requirements, which can include public or private sector subsidized or unsubsidized employment; on-the-job training; community service; secondary school, adult basic education and vocational education and training when the education is needed for the recipient to become employed; specific mental health, substance abuse, or domestic violence services if they are necessary to obtain or retain employment; and a number of other activities necessary to assist a recipient in obtaining unsubsidized employment.

SB 1041 (Budget and Fiscal Review Committee), Chapter 47, Statutes of 2012, adopted a number of changes to the CalWORKs program, including the establishment of the 24-month time clock. While most adult recipients are expected to participate in welfare-to-work activities during the up to 48 months for which they may receive assistance, those participation requirements can include a broad range of activities for 24 of those 48 months, such as employment, training, education, and mental health, domestic violence, and substance abuse services. After this 24-month time clock "runs out," recipients must meet the less-flexible federal TANF requirements in order to remain eligible for aid. A CalWORKs recipient who does not meet his or her welfare-to-work requirements and is not exempt from them is subject to sanction, which results in that individual's portion of the family's grant being subtracted from the total grant amount provided to the family to meet basic needs.

Sponsorship for public services: Certain categories of "qualified" immigrants – including, among others, lawful permanent residents, refugees, asylees, and persons subject to severe trafficking – may have individuals who sponsor them by signing an affidavit of support. In some cases, if a qualified immigrant has a sponsor and applies for certain public benefits (TANF [CalWORKs in California], Supplemental Nutrition Assistance Program [SNAP, referred to as CalFresh in California], and Supplemental Security Income/State Supplemental Payment [SSI/SSP]), the income of the sponsor or the sponsor's spouse may be counted as if they were the sponsored immigrant's for purposes of determining eligibility and benefit levels; this is referred to as "sponsor deeming." However, federal law also allows for an indigence exception to sponsor deeming; when it is determined that the sponsored immigrant would be unable to obtain food and shelter in the absence of assistance, the amount of income and resources of the sponsor or sponsor's spouse attributed to the sponsored immigrant is only the amount of cash or in-kind support and maintenance actually provided by the sponsor.

Need for this bill: According to the author, "Most legal immigrants in the U.S. [United States] are eligible for CalWORKs and CalFresh benefits, provided they meet financial and categorical requirements. In California, if the county determines a sponsored noncitizen would go hungry and homeless without aid, the sponsored noncitizen is determined to be indigent. A sponsored non-citizen can apply for CalFresh benefits every 12 months. However, that same eligible individual can only apply for CalWORKS benefits for a total of 12 months. [This bill] would require counties to renew CalWORKS benefits to an eligible sponsored indigent non-citizen similar to how they are extended under CalFresh."

GOVERNOR'S VETO MESSAGE:

I am returning the following Assembly Bills without my signature:

AB 1921

AB 1992

AB 2111

Each of these bills would make changes to the CalWORKs program that result in significant, ongoing funding commitments. As such, I believe they should be considered as part of the budget process when all funding commitments are considered and prioritized.

Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0005329

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2111

Author:(Quirk)

As Amended Ver:June 14, 2018

Majority vote

Original Committee Reference: HUM. S.

SUMMARY: Requires counties to renew the 12-month indigent immigrant exception related to CalWORKs benefits for additional 12-month periods, as federally permitted.

Specifically, this bill:

1. Requires a county, to the extent permitted by federal law and other instructions, to renew the 12-month indigent immigrant exception for additional 12-month periods for a sponsored CalWORKs applicant or recipient who is deemed to meet the indigence exception, as specified, and, further, requires the Department of Social Services (DSS) to implement these provisions between April 1, 2019, and July 1, 2019.
2. Clarifies that sponsor-deeming is subject to exceptions allowed by federal law, as specified.
3. Requires DSS to adopt emergency regulations implementing the provisions of this bill by January 1, 2021, to be followed by the adoption of final regulations, as specified, and authorizes DSS to implement and administer the provisions of this bill through all-county letters or similar instructions until regulations are adopted.
4. Provides that no continuous appropriation shall be made to implement the provisions of this bill, as specified.
5. Makes technical changes

The Senate amendments:

1. Add language requiring DSS to implement the provisions of this bill requiring counties to renew the 12-month indigent immigrant exception, as specified, between April 1, 2019, and July 1, 2019.
2. Add language requiring DSS to adopt emergency regulations implementing the provisions of this bill by January 1, 2021, to be followed by the adoption of final regulations, as specified, and authorizing DSS to implement and administer the provisions of this bill through all-county letters or similar instructions until regulations are adopted.
3. Make technical changes.

EXISTING LAW:

1. Establishes under federal law the Temporary Assistance for Needy Families (TANF) program to provide aid and welfare-to-work services to eligible families and, in California, provides that TANF funds for welfare-to-work services are administered through the CalWORKs program. (Title 42 United States Code Section (U.S.C.) 601 et seq., Welfare and Institutions Code Section (WIC) 11200 et seq.)
2. Establishes income, asset, and real property limits used to determine eligibility for the CalWORKs program, including net income below the Maximum Aid Payment (MAP), based on family size and county of residence, which is around 40% of the Federal Poverty Level. (WIC 11150 to 11160, 11450 et seq.)
3. Establishes a 48-month lifetime limit on CalWORKs benefits for eligible adults, including a period beyond the "24 month clock" during which a recipient must meet federal work requirements in order to retain eligibility. (WIC 11454, 11322.85)
4. Requires all individuals 16 years of age or older, unless they are otherwise exempt, to participate in welfare-to-work activities as a condition of eligibility for CalWORKs. (WIC 11320.3, 11322.6)
5. Establishes the number of weekly hours of welfare-to-work participation necessary to remain eligible for aid, including requirements for an unemployed parent in a two-parent assistance unit, as specified. (WIC 11322.8)
6. Defines disability-based unearned income, within the CalWORKs program, as state disability insurance benefits, private disability insurance benefits, temporary workers' compensation benefits, social security disability benefits, and any veteran's disability compensation. (WIC 11451.5)
7. Defines earned income as gross income received as wages, salary, employer-provided sick leave benefits, commissions, or profits from activities such as a business enterprise or farming in which the recipient is engaged as a self-employed individual or as an employee. (WIC 11451.5)
8. Stipulates in federal law what income and resources of a sponsor of a qualified immigrant, or that sponsors' spouse, should be used in determining the qualified immigrant's eligibility and amount of benefits for any federal means-tested public benefit program, and stipulates that, if it is determined that the sponsored immigrant would be unable to obtain food and shelter in the absence of assistance, the amount of income and resources of the sponsor or sponsor's spouse which shall be attributed to the sponsored immigrant shall not exceed the amount actually provided for 12 months from the date of this determination, as specified. (Title 8 U.S.C. 1631)

FISCAL EFFECT: According to the Senate Appropriations Committee on July 2, 2018, this bill may result in the following costs:

1. Estimated annual costs ranging from $2 million to $9 million (federal fund/General Fund) for extending CalWORKs grants, assuming a monthly grant amount of $564 per month. The caseload impacted by this bill is difficult to identify, and costs can vary substantially depending on the actual number renewing their exception, their grant amount, and the number of months that they receive it;
2. One-time, potentially significant costs to DSS to develop regulations to implement these provisions; and
3. Unknown, likely minor costs to counties for additional workload to determine eligibility and renew exceptions. These state-mandated costs are potentially reimbursable subject to a determination by the Commission on State Mandates, should a county choose to file a claim.

COMMENTS:

CalWORKs: CalWORKs is a county-administered public assistance program that is funded in part by the federal TANF block grant and that aims to help children and families meet basic needs and move out of poverty. Families receive cash assistance and have access to a variety of services, including, where applicable, child care, as well as services aimed at addressing mental health needs, substance use disorders, instances of domestic violence, and learning disabilities, among other issues. Parents must develop and participate in a welfare-to-work plan, unless exempted or otherwise not required to participate. The maximum CalWORKs grant for a family of three living in a high cost county, if the family has no other income, is $714 per month. For Fiscal Year 2017-18, the average monthly CalWORKs cash grant is $564 per household. In Fiscal Year 2016-17, the average monthly CalWORKs caseload was 452,770 households, of which 154,005 were single-parent households and 234,766 were households where only the child or children received aid.

The CalWORKs program typically requires recipients to participate in welfare-to-work requirements, which can include public or private sector subsidized or unsubsidized employment; on-the-job training; community service; secondary school, adult basic education and vocational education and training when the education is needed for the recipient to become employed; specific mental health, substance abuse, or domestic violence services if they are necessary to obtain or retain employment; and a number of other activities necessary to assist a recipient in obtaining unsubsidized employment.

SB 1041 (Budget and Fiscal Review Committee), Chapter 47, Statutes of 2012, adopted a number of changes to the CalWORKs program, including the establishment of the 24-month time clock. While most adult recipients are expected to participate in welfare-to-work activities during the up to 48 months for which they may receive assistance, those participation requirements can include a broad range of activities for 24 of those 48 months, such as employment, training, education, and mental health, domestic violence, and substance abuse services. After this 24-month time clock "runs out," recipients must meet the less-flexible federal TANF requirements in order to remain eligible for aid. A CalWORKs recipient who does not meet his or her welfare-to-work requirements and is not exempt from them is subject to sanction, which results in that individual's portion of the family's grant being subtracted from the total grant amount provided to the family to meet basic needs.

Sponsorship for public services: Certain categories of "qualified" immigrants – including, among others, lawful permanent residents, refugees, asylees, and persons subject to severe trafficking – may have individuals who sponsor them by signing an affidavit of support. In some cases, if a qualified immigrant has a sponsor and applies for certain public benefits (TANF [CalWORKs in California], Supplemental Nutrition Assistance Program [SNAP, referred to as CalFresh in California], and Supplemental Security Income/State Supplemental Payment [SSI/SSP]), the income of the sponsor or the sponsor's spouse may be counted as if they were the sponsored immigrant's for purposes of determining eligibility and benefit levels; this is referred to as "sponsor deeming." However, federal law also allows for an indigence exception to sponsor deeming; when it is determined that the sponsored immigrant would be unable to obtain food and shelter in the absence of assistance, the amount of income and resources of the sponsor or sponsor's spouse attributed to the sponsored immigrant is only the amount of cash or in-kind support and maintenance actually provided by the sponsor.

Need for this bill: According to the author, "Most legal immigrants in the U.S. [United States] are eligible for CalWORKs and CalFresh benefits, provided they meet financial and categorical requirements. In California, if the county determines a sponsored noncitizen would go hungry and homeless without aid, the sponsored noncitizen is determined to be indigent. A sponsored non-citizen can apply for CalFresh benefits every 12 months. However, that same eligible individual can only apply for CalWORKS benefits for a total of 12 months. [This bill] would require counties to renew CalWORKS benefits to an eligible sponsored indigent non-citizen similar to how they are extended under CalFresh."

Analysis Prepared by: FN: 0004442

 THIRD READING  

Bill No: AB 2111

Author:

:

Vote:

SENATE HUMAN SERVICES COMMITTEE: 6-0, 6/12/18

AYES: Wiener, Glazer, Leyva, McGuire, Nguyen, Portantino

NO VOTE RECORDED: Berryhill

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18

AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 71-2, 5/29/18 - See last page for vote

SUBJECT:

SOURCE: Alameda County Board of Supervisors

Western Center on Law and Poverty

DIGEST:

This bill requires a county, to the extent permitted by federal law and other instructions, to renew the 12-month indigent immigrant exception for additional 12-month periods for a sponsored California Work Opportunity and Responsibility to Kids (CalWORKs) applicant or recipient who is deemed to meet the indigence exception, clarifies that sponsor-deeming is subject to exceptions allowed by federal law, makes technical changes, and provides that no continuous appropriation shall be made to implement the provisions of this bill, as specified.

ANALYSIS:

Existing federal law:

1. Establishes under federal law the Temporary Assistance for Needy Families (TANF) program to provide aid and welfare-to-work services to eligible families. (42 U.S.C. 601 et seq.)
2. Stipulates in federal law what income and resources of a sponsor of a qualified immigrant, or that sponsors’ spouse, should be used in determining the qualified immigrant’s eligibility and amount of benefits for any federal means-tested public benefit program, and stipulates that, if it is determined that the sponsored immigrant would be unable to obtain food and shelter in the absence of assistance, the amount of income and resources of the sponsor or sponsor’s spouse which shall be attributed to the sponsored immigrant shall not exceed the amount actually provided for 12 months from the date of this determination, as specified. (8 U.S.C. 1631)

Existing state law:

1. Establishes in state law the CalWORKs program to provide cash assistance and other services for low-income families through the federal TANF program. Under CalWORKs, each county provides assistance through a combination of state, county and federal TANF funds. (WIC 10530, 11200)
2. Requires that, in determining the eligibility and amount of aid for an alien under this division, the income and resources of the 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 any subsequent amendments thereto, subject to any exceptions required by those provisions, including exceptions for indigents and battered spouses. (WIC 11008.135(a))
3. Requires that, 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. (WIC 11008.135(b))
4. Establishes income, asset, and real property limits used to determine eligibility for the CalWORKs program, including net income below the Maximum Aid Payment (MAP), based on family size and county of residence. (WIC 11150 to 11160, 11450 et seq.)
5. Establishes a 48-month lifetime limit on CalWORKs benefits for eligible adults, including a period beyond the “24 month clock” during which a recipient must meet federal work requirements in order to retain eligibility. (WIC 11454, 11322.85)
6. Requires all individuals 16 years of age or older, unless they are otherwise exempt, to participate in welfare-to-work (WTW) activities as a condition of eligibility for CalWORKs. (WIC 11320.3, 11322.6)
7. Establishes the number of weekly hours of WTW participation necessary to remain eligible for aid, including requirements for an unemployed parent in a two-parent assistance unit, as specified. (WIC 11322.8)
8. Sets forth definitions and requirements for sponsored non-citizens participating in the CalWORKs program (MPP 43-119 et seq.)

This bill:

1. Requires a county, to the extent permitted by federal law, regulations, waivers, and directives, 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 exception specified in federal law.
2. Clarifies that sponsor-deeming is subject to exceptions allowed by federal law.
3. Makes technical changes.

Background

According to the author, “Most legal immigrants in the U.S. are eligible for CalWORKs and CalFresh benefits, provided they meet financial and categorical requirements. In California, if the county determines a sponsored noncitizen would go hungry and homeless without aid, the sponsored noncitizen is determined to be indigent. A sponsored non-citizen can apply for CalFresh benefits every 12 months. However, that same eligible individual can only receive CalWORKs benefits for a total of 12 months. AB 2111 would allow counties to renew CalWORKs benefits to an eligible sponsored indigent non-citizen similar to how they are extended under CalFresh.”

CalWORKs

The CalWORKs program is one of California’s largest anti-poverty programs. CalWORKs provides cash assistance to more than 450,000 families and 860,000 children. The CalWORKs program is funded with a mix of federal TANF money, state, and county funds. The California Department of Social Services (CDSS) is the designated state agency responsible for program supervision at the state level. The counties are responsible for administering the program at the local level.

In order to be eligible for CalWORKs, families must meet income and asset tests. For example, a family of three living in a higher cost of living region could qualify to receive CalWORKs benefits if their monthly adjusted income is no more than $1,342. The same family living in a lower cost-of-living region would qualify if their monthly adjusted income is no more than $1,274.

In addition to cash assistance, CalWORKs recipients may receive employment-related services aimed at moving children out of poverty and helping families meet basic needs. Recipients are typically required to perform certain activities as a condition of receiving benefits and limit the time period adults may receive benefits. These services are outlined in a WTW plan, which can include public or private sector subsidized or unsubsidized employment; on-the-job training; community service; secondary school, adult basic education and vocational education and training when the education is needed for the recipient to become employed; specific mental health, substance abuse, or domestic violence services if they are necessary to obtain or retain employment; and a number of other activities necessary to assist a recipient in obtaining unsubsidized employment.

While federal law restricts noncitizens' access to public benefits, including TANF (CalWORKs in California), noncitizens who legally reside in this country as lawful permanent residents may be eligible for TANF if deemed by the county welfare agency to be indigent. Per federal guidance on this eligibility, if a noncitizen obtains legal permanent resident status through sponsorship of a family member, then when they apply for these benefits their eligibility is subject to “sponsor deeming,” in which benefit agencies are required to combine noncitizens’ incomes with those of their sponsors to determine eligibility. Sponsors are also deemed financially liable for benefits paid to the noncitizen, and benefit agencies must seek repayment for these costs.

However, federal law also allows for an indigence exception to sponsor deeming when it is determined that the sponsored immigrant would be unable to obtain food and shelter in the absence of assistance. Federal guidance suggests that in these cases only the amount of cash or in-kind support actually provided to the noncitizen shall be considered for the 12-month period beginning on the date such a determination is made. This guidance further suggests that it would be an allowable interpretation of federal regulation for a state benefit agency to choose to renew its indigent determination for additional 12-month periods. ^[1]

At this time, the number of eligible noncitizens currently receiving CalWORKs aid, and therefore potentially impacted by this bill, is unclear. According to an analysis prepared by the Assembly Committee on Appropriations, “The caseload impacted by this bill is difficult to identify, but is estimated to be approximately 800 to 1,200 individuals.” Whereas the California Department of Finance estimates approximately 1,900 sponsored noncitizen cases that receive CalWORKs aid, based on 2017 data.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• Estimated annual costs ranging from $2 - $9 million (federal fund/GF) for extending CalWORKs grants, assuming a monthly grant amount of $564 per month. The caseload impacted by this bill is difficult to identify, and costs can vary substantially depending on the actual number renewing their exception, their grant amount, and the number of months that they receive it.
• One-time, potentially significant costs to CDSS to develop regulations to implement these provisions.
• Unknown, likely minor costs to counties for additional workload to determine eligibility and renew exceptions. These state-mandated costs are potentially reimbursable subject to a determination by the Commission on State Mandates, should a county choose to file a claim.

SUPPORT: (Verified 8/16/18)

Alameda County Board of Supervisors (co-source)

Western Center on Law and Poverty (co-source)

City and County of San Francisco

City and County of San Francisco Human Services Agency

County of Butte

County of Santa Clara

County Welfare Directors Association of California

Sonoma County Human Services Department

OPPOSITION: (Verified 8/16/18)

California Department of Finance

ARGUMENTS IN SUPPORT: The Western Center on Law and Poverty, a sponsor of this bill, writes the following in support:

While federal law and guidance has, for some time, made it clear that a TANF sponsor deeming exception, at state option, is renewable, Section 11008.135 of the Welfare and Institutions Code is silent. This silence has suggested to advocates that, of course, there isn’t a cap to the 12-month indigence exception and that it should be renewed at the 12-month recertification period when income and eligibility is reconsidered. The Department of Social Services, however, issued guidance in the Manual of Policy and Procedures (MPP) suggesting that it is limited to a one-time waiver, limiting the exception to only 12 months in a lifetime. This is an unprecedented read of the Welfare and Institutions Code (WIC). All other places in the WIC, when a CalWORKs waiver is provided, the law specifically states when it is to be capped. While advocates have long requested that the Department change the regulation to reflect the flexibility provided for under the law, the Department has insisted that it needs a change in state law to do so.

ARGUMENTS IN OPPOSITION: The Department of Finance opposes the June 14, 2018 version of this bill because it likely results in significant ongoing General Fund costs not currently included in the Administration's fiscal plan. According to DOF:

This bill results in General Fund costs of $4.8 million in 2018-19 and $19.3 million annually thereafter to provide noncitizens with additional months of CalWORKs aid, assuming all currently aided sponsored noncitizens renew their indigence exception. Furthermore, any necessary automation changes may result in one-time costs up to $1 million in 2019-20. At the time of this analysis, it is unclear that additional months of CalWORKs aid for indigence exceptions would be eligible under the federal Temporary Assistance for Needy Families (TANF) program. Based on 2017 data, there are approximately 1,900 sponsored noncitizen cases that receive CalWORKs aid… To the extent additional months of aid are eligible under the TANF program, all costs resulting from this bill will be borne by the General Fund because the Budget fully allocates available TANF block grant funding.

ASSEMBLY FLOOR: 71-2, 5/29/18

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NOES: Travis Allen, Harper

NO VOTE RECORDED: Fong, Kiley, Melendez, Obernolte, Patterson

Prepared by:

8/18/18 14:22:38

**** END ****

1. See https://www.acf.hhs.gov/ofa/resource/policy/pi-ofa/2003/pi2003-2htm-0 ↑

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2111 (Quirk) - CalWORKs: sponsored noncitizen: indigent exception

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 2111 would require a county, to the extent permitted by federal law and other instructions, to renew the 12-month indigent immigrant exception for additional 12-month periods for a sponsored California Work Opportunity and Responsibility to Kids (CalWORKs) applicant or recipient who is deemed to meet the indigence exception, clarifies that sponsor-deeming is subject to exceptions allowed by federal law, as specified. This bill would also require the California Department of Social Services (CDSS) to implement this provision between April 1, 2019, and July 1, 2019.

Fiscal Impact:

• Estimated annual costs ranging from $2 - $9 million (federal fund/GF) for extending CalWORKs grants, assuming a monthly grant amount of $564 per month. The caseload impacted by this bill is difficult to identify, and costs can vary substantially depending on the actual number renewing their exception, their grant amount, and the number of months that they receive it.
• One-time, potentially significant costs to CDSS to develop regulations to implement these provisions.
• Unknown, likely minor costs to counties for additional workload to determine eligibility and renew exceptions. These state-mandated costs are potentially reimbursable subject to a determination by the Commission on State Mandates, should a county choose to file a claim.

Background:

The CalWORKs program, which implements the federal Temporary Assistance for Needy Families (TANF) program, is a welfare program that gives cash aid and employment-related services to eligible California families to move them out of poverty and help families meet basic needs. In order to be eligible for CalWORKs, families must meet income and asset tests. In addition, children must be deprived of parental support and care due to the incapacity, death, or absence of a parent or unemployment of the principal wage-earner. According to a February 2019 CalWORKs Annual Summary, the average monthly cash grant FY 2017-18 was estimated at $564 and the maximum monthly grant amount for a family of three is $714.

While federal law restricts noncitizens' access to public benefits, including TANF (CalWORKs in California), noncitizens who legally reside in this country through sponsorship of a family member can apply for these benefits and are subject to “sponsor deeming” in which benefit agencies are required to combine noncitizens' incomes with those of their sponsors to determine eligibility. Sponsors are also financially liable for benefits paid to the noncitizen, and benefit agencies must seek repayment for these costs.

However, federal law also allows for an indigence exception to sponsor deeming, when it is determined that the sponsored immigrant would be unable to obtain food and shelter in the absence of assistance. Under these circumstances, the amount of income and resources of the sponsor or sponsor’s spouse attributed to the sponsored immigrant is only the amount of cash or in-kind support and maintenance actually provided by the sponsor.

Proposed Law:

This bill would make indigence exceptions for CalWORKs renewable every 12 months. Specifically, this bill would:

• Require a county, to the extent permitted by federal law, waivers, and directives, 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 exception specified federal law;
• Require CDSS to implement this exception between April 1, 2019, and July 1, 2019;
• Authorize CDSS to implement this exception through all-county letters or similar instructions until regulations are adopted;
• Require CDSS to adopt emergency regulations implementing this section no later than January 1, 2021 and authorize CDSS to readopt any emergency regulation that is the same as, or substantially equivalent to, any emergency regulation previously adopted; the initial adopted emergency regulations and any readopted emergency regulations shall remain in effect for no more than 180 days.

Staff Comments:

Both CalWORKs and CalFresh (SNAP in California) offer an indigence exception. However, in CalFresh, the exception is renewable annually. This bill would align the CalWORKs exception provision with those used for CalFresh. The total caseload that this bill would affect is unknown and difficult to quantify.

-- END --

SENATE COMMITTEE ON HUMAN SERVICES

Senator Wiener, Chair

2017 - 2018 Regular

Bill No: AB 2111

Subject: CalWORKs: sponsored noncitizen: indigent exception.

SUMMARY

This bill requires a county, to the extent permitted by federal law and other instructions, to renew the 12-month indigent immigrant exception for additional 12-month periods for a sponsored California Work Opportunity and Responsibility to Kids (CalWORKs) applicant or recipient who is deemed to meet the indigence exception, clarifies that sponsor-deeming is subject to exceptions allowed by federal law, makes technical changes, and provides that no continuous appropriation shall be made to implement the provisions of this bill, as specified.

ABSTRACT

Existing law:

1. Establishes under federal law the Temporary Assistance for Needy Families (TANF) program to provide aid and welfare-to-work services to eligible families. (42 U.S.C. 601 et seq.)
2. Stipulates in federal law what income and resources of a sponsor of a qualified immigrant, or that sponsors’ spouse, should be used in determining the qualified immigrant’s eligibility and amount of benefits for any federal means-tested public benefit program, and stipulates that, if it is determined that the sponsored immigrant would be unable to obtain food and shelter in the absence of assistance, the amount of income and resources of the sponsor or sponsor’s spouse which shall be attributed to the sponsored immigrant shall not exceed the amount actually provided for 12 months from the date of this determination, as specified. (8 U.S.C. 1631)
3. Establishes in state law the CalWORKs program to provide cash assistance and other services for low-income families through the federal TANF program. Under CalWORKs, each county provides assistance through a combination of state, county and federal TANF funds. (WIC 10530, 11200)
4. Requires that, in determining the eligibility and amount of aid for an alien under this division, the income and resources of the 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 any subsequent amendments thereto, subject to any exceptions required by those provisions, including exceptions for indigents and battered spouses. (WIC 11008.135(a))
5. Requires that, 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. (WIC 11008.135(b))
6. Establishes income, asset, and real property limits used to determine eligibility for the CalWORKs program, including net income below the Maximum Aid Payment (MAP), based on family size and county of residence, which is around 40 percent of the Federal Poverty Level. (WIC 11150 to 11160, 11450 et seq.)
7. Establishes a 48-month lifetime limit on CalWORKs benefits for eligible adults, including a period beyond the “24 month clock” during which a recipient must meet federal work requirements in order to retain eligibility. (WIC 11454, 11322.85)
8. Requires all individuals 16 years of age or older, unless they are otherwise exempt, to participate in welfare-to-work (WTW) activities as a condition of eligibility for CalWORKs. (WIC 11320.3, 11322.6)
9. Establishes the number of weekly hours of WTW participation necessary to remain eligible for aid, including requirements for an unemployed parent in a two-parent assistance unit, as specified. (WIC 11322.8)
10. Sets forth definitions and requirements for sponsored non-citizens participating in the CalWORKs program (MPP 43-119 et seq.)

This bill:

1. Requires a county, to the extent permitted by federal law, regulations, waivers, and directives, 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 exception specified federal law.
2. Clarifies that sponsor-deeming is subject to exceptions allowed by federal law.
3. Makes technical changes.

FISCAL IMPACT

According to the Assembly Committee on Appropriations on May 23, 2018, this bill may result in the following costs:

1. Annual costs that would range from $685,000 to $1 million (federal funds/General Fund) annually, for extended CalWORKs grants, assuming a monthly grant amount of $714, typical for a family of three, for 12 months. The caseload impacted by this bill is difficult to identify, but is estimated to be approximately 800 to 1,200 individuals. This estimate assumes 10 percent of these individuals renewed their exemption for 12 months. Costs could vary substantially depending on the actual number renewing their exemption, their grant amount, and the number of months they receive it; and
2. Unknown costs, likely minor, to counties for additional workload to determine eligibility and renew exemptions. These state-mandated costs are potentially reimbursable subject to a determination by the Commission on State Mandates, should a county choose to file a claim.

BACKGROUND AND DISCUSSION

Purpose of the bill:

According to the author, “Most legal immigrants in the U.S. are eligible for CalWORKs and CalFresh benefits, provided they meet financial and categorical requirements. In California, if the county determines a sponsored noncitizen would go hungry and homeless without aid, the sponsored noncitizen is determined to be indigent. A sponsored non-citizen can apply for CalFresh benefits every 12 months. However, that same eligible individual can only receive CalWORKs benefits for a total of 12 months. AB 2111 would allow counties to renew CalWORKs benefits to an eligible sponsored indigent non-citizen similar to how they are extended under CalFresh.”

CalWORKs

The CalWORKs program is one of California’s largest anti-poverty programs. CalWORKs provides cash assistance to more than 450,000 families and 860,000 children. The CalWORKs program is funded with a mix of federal TANF money, state, and county funds. The California Department of Social Services (CDSS) is the designated state agency responsible for program supervision at the state level. The counties are responsible for administering the program at the local level.

In order to be eligible for CalWORKs, families must meet income and asset tests. For example, a family of three living in a higher cost of living region could qualify to receive CalWORKs benefits if their monthly adjusted income is no more than $1,342. The same family living in a lower cost-of-living region would qualify if their monthly adjusted income is no more than $1,274.

In addition to cash assistance, CalWORKs recipients may receive employment-related services aimed at moving children out of poverty and helping families meet basic needs. Recipients are typically required to perform certain activities as a condition of receiving benefits and limit the time period adults may receive benefits. These services are outlined in a WTW plan, which can include public or private sector subsidized or unsubsidized employment; on-the-job training; community service; secondary school, adult basic education and vocational education and training when the education is needed for the recipient to become employed; specific mental health, substance abuse, or domestic violence services if they are necessary to obtain or retain employment; and a number of other activities necessary to assist a recipient in obtaining unsubsidized employment.

While federal law restricts noncitizens' access to public benefits, including TANF (CalWORKs in California), noncitizens who legally reside in this country through sponsorship of a family member apply for these benefits are subject to “sponsor deeming” in which benefit agencies are required to combine noncitizens' incomes with those of their sponsors to determine eligibility. Sponsors are also financially liable for benefits paid to the noncitizen, and benefit agencies must seek repayment for these costs. 

However, federal law also allows for an indigence exception to sponsor deeming when it is determined that the sponsored immigrant would be unable to obtain food and shelter in the absence of assistance. Under these circumstances, the amount of income and resources of the sponsor or sponsor’s spouse attributed to the sponsored immigrant is only the amount of cash or in-kind support and maintenance actually provided by the sponsor.

This bill would require a county to renew the 12-month indigence exception for sponsored immigrants receiving CalWORKs benefits, if the sponsored immigrant meets federal criteria for the indigence exception. According to an analysis prepared by the Assembly Committee on Appropriations, “The caseload impacted by this bill is difficult to identify, but is estimated to be approximately 800 to 1,200 individuals.”

COMMENTS

In order to facilitate implementation of this bill, the committee suggests the following amendments:

On page 3, line3:

(c) (1)  To the extent permitted by federal law, regulations, 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.

PRIOR VOTES

POSITIONS

Support:

The Western Center on Law and Poverty (Sponsor)

Alameda County Board of Supervisors (Sponsor)

City and County of San Francisco Human Services Agency

Sonoma County Human Services Department

The City and County of San Francisco

The County of Butte

The County of Santa Clara

The county Welfare Directors Association of California

Oppose:

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2111

Author:(Quirk)

As Amended Ver:April 18, 2018

Majority vote

SUMMARY: Requires a county, to the extent permitted by federal law and other instructions, to renew the 12-month indigent immigrant exception for additional 12-month periods for a sponsored CalWORKs applicant or recipient who is deemed to meet the indigence exception, clarifies that sponsor-deeming is subject to exceptions allowed by federal law, makes technical changes, and provides that no continuous appropriation shall be made to implement the provisions of this bill, as specified.

EXISTING LAW:

1. Establishes under federal law the Temporary Assistance for Needy Families (TANF) program to provide aid and welfare-to-work services to eligible families and, in California, provides that TANF funds for welfare-to-work services are administered through the CalWORKs program. (Title 42 United States Code Section (U.S.C.) 601 et seq., Welfare and Institutions Code Section (WIC) 11200 et seq.)
2. Establishes income, asset, and real property limits used to determine eligibility for the CalWORKs program, including net income below the Maximum Aid Payment (MAP), based on family size and county of residence, which is around 40% of the Federal Poverty Level. (WIC 11150 to 11160, 11450 et seq.)
3. Establishes a 48-month lifetime limit on CalWORKs benefits for eligible adults, including a period beyond the "24 month clock" during which a recipient must meet federal work requirements in order to retain eligibility. (WIC 11454, 11322.85)
4. Requires all individuals 16 years of age or older, unless they are otherwise exempt, to participate in welfare-to-work activities as a condition of eligibility for CalWORKs. (WIC 11320.3, 11322.6)
5. Establishes the number of weekly hours of welfare-to-work participation necessary to remain eligible for aid, including requirements for an unemployed parent in a two-parent assistance unit, as specified. (WIC 11322.8)
6. Defines disability-based unearned income, within the CalWORKs program, as state disability insurance benefits, private disability insurance benefits, temporary workers' compensation benefits, social security disability benefits, and any veteran's disability compensation. (WIC 11451.5)
7. Defines earned income as gross income received as wages, salary, employer-provided sick leave benefits, commissions, or profits from activities such as a business enterprise or farming in which the recipient is engaged as a self-employed individual or as an employee. (WIC 11451.5)
8. Stipulates in federal law what income and resources of a sponsor of a qualified immigrant, or that sponsors' spouse, should be used in determining the qualified immigrant's eligibility and amount of benefits for any federal means-tested public benefit program, and stipulates that, if it is determined that the sponsored immigrant would be unable to obtain food and shelter in the absence of assistance, the amount of income and resources of the sponsor or sponsor's spouse which shall be attributed to the sponsored immigrant shall not exceed the amount actually provided for 12 months from the date of this determination, as specified. (Title 8 U.S.C. 1631)

FISCAL EFFECT: According to the Assembly Appropriations Committee on May 23, 2018, this bill may result in the following costs:

1. Annual costs that would range from $685,000 to $1 million (federal funds/General Fund) annually, for extended CalWORKs grants, assuming a monthly grant amount of $714, typical for a family of three, for 12 months. The caseload impacted by this bill is difficult to identify, but is estimated to be approximately 800 to 1,200 individuals. This estimate assumes 10% of these individuals renewed their exemption for 12 months. Costs could vary substantially depending on the actual number renewing their exemption, their grant amount, and the number of months they receive it; and
2. Unknown costs, likely minor, to counties for additional workload to determine eligibility and renew exemptions. These state-mandated costs are potentially reimbursable subject to a determination by the Commission on State Mandates, should a county choose to file a claim.

COMMENTS:

CalWORKs: CalWORKs is a county-administered public assistance program that is funded in part by the federal TANF block grant and that aims to help children and families meet basic needs and move out of poverty. Families receive cash assistance and have access to a variety of services, including, where applicable, child care, as well as services aimed at addressing mental health needs, substance use disorders, instances of domestic violence, and learning disabilities, among other issues. Parents must develop and participate in a welfare-to-work plan, unless exempted or otherwise not required to participate. The maximum CalWORKs grant for a family of three living in a high cost county, if the family has no other income, is $714 per month. For Fiscal Year 2017-18, the average monthly CalWORKs cash grant is $564 per household. In Fiscal Year 2016-17, the average monthly CalWORKs caseload was 452,770 households, of which 154,005 were single-parent households and 234,766 were households where only the child or children received aid.

The CalWORKs program typically requires recipients to participate in welfare-to-work requirements, which can include public or private sector subsidized or unsubsidized employment; on-the-job training; community service; secondary school, adult basic education and vocational education and training when the education is needed for the recipient to become employed; specific mental health, substance abuse, or domestic violence services if they are necessary to obtain or retain employment; and a number of other activities necessary to assist a recipient in obtaining unsubsidized employment.

SB 1041 (Senate Committee on Budget and Fiscal Review), Chapter 47, Statutes of 2012, adopted a number of changes to the CalWORKs program, including the establishment of the 24-month time clock. While most adult recipients are expected to participate in welfare-to-work activities during the up to 48 months for which they may receive assistance, those participation requirements can include a broad range of activities for 24 of those 48 months, such as employment, training, education, and mental health, domestic violence, and substance abuse services. After this 24-month time clock "runs out," recipients must meet the less-flexible federal TANF requirements in order to remain eligible for aid. A CalWORKs recipient who does not meet his or her welfare-to-work requirements and is not exempt from them is subject to sanction, which results in that individual's portion of the family's grant being subtracted from the total grant amount provided to the family to meet basic needs.

Sponsorship for public services: Certain categories of "qualified" immigrants – including, among others, lawful permanent residents, refugees, asylees, and persons subject to severe trafficking – may have individuals who sponsor them by signing an affidavit of support. In some cases, if a qualified immigrant has a sponsor and applies for certain public benefits (TANF [CalWORKs in California], Supplemental Nutrition Assistance Program [SNAP, referred to as CalFresh in California], and Supplemental Security Income/State Supplemental Payment [SSI/SSP]), the income of the sponsor or the sponsor's spouse may be counted as if they were the sponsored immigrant's for purposes of determining eligibility and benefit levels; this is referred to as "sponsor deeming." However, federal law also allows for an indigence exception to sponsor deeming; when it is determined that the sponsored immigrant would be unable to obtain food and shelter in the absence of assistance, the amount of income and resources of the sponsor or sponsor's spouse attributed to the sponsored immigrant is only the amount of cash or in-kind support and maintenance actually provided by the sponsor.

Need for this bill: According to the author, "Most legal immigrants in the U.S. are eligible for CalWORKs and CalFresh benefits, provided they meet financial and categorical requirements. In California, if the county determines a sponsored noncitizen would go hungry and homeless without aid, the sponsored noncitizen is determined to be indigent. A sponsored non-citizen can apply for CalFresh benefits every 12 months. However, that same eligible individual can only apply for CalWORKS benefits for a total of 12 months. [This bill] would require counties to renew CalWORKS benefits to an eligible sponsored indigent non-citizen similar to how they are extended under CalFresh."

Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0003197

Date of Hearing: May 23, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2111

Author:(Quirk) – As Amended Ver:April 18, 2018

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

This bill requires a county, to the extent permitted by federal law and other regulation, waivers, and directives, to renew the 12-month indigent immigrant exception for additional 12-month periods for a sponsored California Work Opportunity and Responsibility to Kids (CalWORKs) applicant or recipient who is deemed to meet the indigence exception. The bill also clarifies that sponsor-deeming is subject to exceptions allowed by federal law.

FISCAL EFFECT:

1. Annual costs would range from $685,000 to $1 million (federal funds/GF) annually, for extended CalWORKs grants, assuming a monthly grant amount of $714, typical for a family of three, for 12 months. The caseload impacted by this bill is difficult to identify, but is estimated to be approximately 800 to 1,200 individuals. This estimate assumes 10% of these individuals renewed their exemption for 12 months. Costs could vary substantially depending on the actual number renewing their exemption, their grant amount, and the number of months they receive it.
2. Unknown costs, likely minor, to counties for additional workload to determine eligibility and renew exemptions. These state-mandated costs are potentially reimbursable subject to a determination by the Commission on State Mandates, should a county choose to file a claim.

COMMENTS:

1. Purpose. This bill seeks to provide ongoing support to indigent immigrant populations by requiring counties to annually renew indigence determinations for sponsored noncitizens receiving CalWORKs. This change will align CalWORKs exception provisions with those used for CalFresh. According to the author:

Most legal immigrants in the U.S. are eligible for CalWORKs and CalFresh benefits, provided they meet financial and categorical requirements. In California, if the county determines a sponsored noncitizen would go hungry and homeless without aid, the sponsored noncitizen is determined to be indigent. A sponsored non-citizen can apply for CalFresh benefits every 12 months. However, that same eligible individual can only apply for CalWORKs benefits for a total of 12 months. [This bill] would require counties to renew CalWORKs benefits to an eligible sponsored indigent non-citizen similar to how they are extended under CalFresh.

1. Background. California provides various public social services programs to low-income individuals. These include the CalWORKs program, which provides cash assistance and other benefits, and the CalFresh program, under which supplemental nutrition assistance benefits are allocated to the state by the federal government and distributed locally to eligible individuals.

Certain categories of “qualified” immigrants – including, among others, lawful permanent residents, refugees, asylees, and persons subject to severe trafficking – may have individuals who sponsor them by signing an affidavit of support. Generally, when a sponsored noncitizen applies for public benefits (CalWORKs, CalFresh, Supplemental Security Income/State Supplemental Payment (SSI/SSP)), the agency verifying their benefits eligibility also adds the income and resources of their sponsor – a process known as “sponsor deeming.”

If the sponsor is unable to support the qualified immigrant, federal law allows an indigence exception. Under this exception, the amount of the sponsor’s income and resources attributed to the sponsored immigrant is limited to the actual amount provided by the sponsor. Using this standard, if a county determines a sponsored noncitizen would go hungry and homeless without aid, the sponsored noncitizen is determined to be indigent. Indigence determinations are valid for 12 months and, under federal guidance, are allowed to be renewed at state option.

In California, under CalFresh, these determinations are renewable annually without restriction. Under CalWORKs, there is no provision for renewal in statute and regulations indicate an indigence exception may only be granted once in a noncitizen’s lifetime.

This bill requires the indigence determination to be renewable for CalWORKs in the same manner as it currently is for CalFresh.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 24, 2018

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Blanca Rubio, Chair

ABPCA Bill Id:AB 2111 (

Author:Quirk) – As Amended Ver:April 18, 2018

SUBJECT: CalWORKs: sponsored noncitizen: indigent exception

SUMMARY: Requires a county, to the extent permitted by federal law and other instructions, to renew the 12-month indigent immigrant exception for additional 12-month periods for a sponsored CalWORKs applicant or recipient who is deemed to meet the indigence exception, clarifies that sponsor-deeming is subject to exceptions allowed by federal law, makes technical changes, and provides that no continuous appropriation shall be made to implement the provisions of this bill, as specified.

EXISTING LAW:

1. Establishes under federal law the Temporary Assistance for Needy Families (TANF) program to provide aid and welfare-to-work services to eligible families and, in California, provides that TANF funds for welfare-to-work services are administered through the CalWORKs program. (42 U.S.C. 601 et seq., WIC 11200 et seq.)
2. Establishes income, asset, and real property limits used to determine eligibility for the CalWORKs program, including net income below the Maximum Aid Payment (MAP), based on family size and county of residence, which is around 40% of the Federal Poverty Level. (WIC 11150 to 11160, 11450 et seq.)
3. Establishes a 48-month lifetime limit on CalWORKs benefits for eligible adults, including a period beyond the “24 month clock” during which a recipient must meet federal work requirements in order to retain eligibility. (WIC 11454, 11322.85)
4. Requires all individuals 16 years of age or older, unless they are otherwise exempt, to participate in welfare-to-work activities as a condition of eligibility for CalWORKs. (WIC 11320.3, 11322.6)
5. Establishes the number of weekly hours of welfare-to-work participation necessary to remain eligible for aid, including requirements for an unemployed parent in a two-parent assistance unit, as specified. (WIC 11322.8)
6. Defines disability-based unearned income, within the CalWORKs program, as state disability insurance benefits, private disability insurance benefits, temporary workers’ compensation benefits, social security disability benefits, and any veteran’s disability compensation. (WIC 11451.5)
7. Defines earned income as gross income received as wages, salary, employer-provided sick leave benefits, commissions, or profits from activities such as a business enterprise or farming in which the recipient is engaged as a self-employed individual or as an employee. (WIC 11451.5)
8. Stipulates in federal law what income and resources of a sponsor of a qualified immigrant, or that sponsors’ spouse, should be used in determining the qualified immigrant’s eligibility and amount of benefits for any federal means-tested public benefit program, and stipulates that, if it is determined that the sponsored immigrant would be unable to obtain food and shelter in the absence of assistance, the amount of income and resources of the sponsor or sponsor’s spouse which shall be attributed to the sponsored immigrant shall not exceed the amount actually provided for 12 months from the date of this determination, as specified. (8 U.S.C. § 1631)

FISCAL EFFECT: Unknown

COMMENTS:

CalWORKs: CalWORKs is a county-administered public assistance program that is funded in part by the federal TANF block grant and that aims to help children and families meet basic needs and move out of poverty. Families receive cash assistance and have access to a variety of services, including, where applicable, child care, as well as services aimed at addressing mental health needs, substance use disorders, instances of domestic violence, and learning disabilities, among other issues. Parents must develop and participate in a welfare-to-work plan, unless exempted or otherwise not required to participate. The maximum CalWORKs grant for a family of three living in a high cost county, if the family has no other income, is $714 per month. For Fiscal Year 2017-18, the average monthly CalWORKs cash grant is $564 per household. In Fiscal Year 2016-17, the average monthly CalWORKs caseload was 452,770 households, of which 154,005 were single-parent households and 234,766 were households where only the child or children received aid.

The CalWORKs program typically requires recipients to participate in welfare-to-work requirements, which can include public or private sector subsidized or unsubsidized employment; on-the-job training; community service; secondary school, adult basic education and vocational education and training when the education is needed for the recipient to become employed; specific mental health, substance abuse, or domestic violence services if they are necessary to obtain or retain employment; and a number of other activities necessary to assist a recipient in obtaining unsubsidized employment.

SB 1041 (Senate Committee on Budget and Fiscal Review), Chapter 47, Statutes of 2012, adopted a number of changes to the CalWORKs program, including the establishment of the 24-month time clock. While most adult recipients are expected to participate in welfare-to-work activities during the up to 48 months for which they may receive assistance, those participation requirements can include a broad range of activities for 24 of those 48 months, such as employment, training, education, and mental health, domestic violence, and substance abuse services. After this 24-month time clock “runs out,” recipients must meet the less-flexible federal TANF requirements in order to remain eligible for aid. A CalWORKs recipient who does not meet his or her welfare-to-work requirements and is not exempt from them is subject to sanction, which results in that individual’s portion of the family’s grant being subtracted from the total grant amount provided to the family to meet basic needs.

Sponsorship for public services: Certain categories of “qualified” immigrants – including, among others, lawful permanent residents, refugees, asylees, and persons subject to severe trafficking – may have individuals who sponsor them by signing an affidavit of support. In some cases, if a qualified immigrant has a sponsor and applies for certain public benefits (TANF [CalWORKs in California], Supplemental Nutrition Assistance Program [SNAP, referred to as CalFresh in California], and Supplemental Security Income/State Supplemental Payment [SSI/SSP]), the income of the sponsor or the sponsor’s spouse may be counted as if they were the sponsored immigrant’s for purposes of determining eligibility and benefit levels; this is referred to as “sponsor deeming.” However, federal law also allows for an indigence exception to sponsor deeming; when it is determined that the sponsored immigrant would be unable to obtain food and shelter in the absence of assistance, the amount of income and resources of the sponsor or sponsor’s spouse attributed to the sponsored immigrant is only the amount of cash or in-kind support and maintenance actually provided by the sponsor.

Need for this bill: According to the author, “Most legal immigrants in the U.S. are eligible for CalWORKs and CalFresh benefits, provided they meet financial and categorical requirements. In California, if the county determines a sponsored noncitizen would go hungry and homeless without aid, the sponsored noncitizen is determined to be indigent. A sponsored non-citizen can apply for CalFresh benefits every 12 months. However, that same eligible individual can only apply for CalWORKS benefits for a total of 12 months. [This bill] would require counties to renew CalWORKS benefits to an eligible sponsored indigent non-citizen similar to how they are extended under CalFresh.”

REGISTERED SUPPORT / OPPOSITION:

Support

Alameda County Board of Supervisors, sponsor

County Welfare Directors Association of California

Opposition

None on file.

Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089