Bill Text: CA AB271 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: CalWORKs: eligibility.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Engrossed - Dead) 2013-09-03 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. [AB271 Detail]

Download: California-2013-AB271-Amended.html

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BILL NUMBER: AB 271	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 24, 2013
	AMENDED IN ASSEMBLY  APRIL 10, 2013

INTRODUCED BY   Assembly Member Mitchell
   (Coauthors: Assembly Members Ammiano, Blumenfield, Buchanan,
Garcia,  and Lowenthal   Lowenthal,  
and Pan  )
    (   Coauthor:  Senator   Hancock
  ) 

                        FEBRUARY 7, 2013

   An act to add Section 11270.5 to, and to repeal Section 11450.04
of, the Welfare and Institutions Code, relating to CalWORKs.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 271, as amended, Mitchell. CalWORKs: eligibility.
   Existing federal law provides for allocation of federal funds
through the federal Temporary Assistance for Needy Families (TANF)
block grant program to eligible states. Existing law provides for the
California Work Opportunity and Responsibility to Kids (CalWORKs)
program for the allocation of federal funds received through the TANF
program, under which each county provides cash assistance and other
benefits to qualified low-income families. Under existing law, for
purposes of determining a family's maximum aid payment under the
CalWORKs program, the number of needy persons in the same family is
not increased for any child born into a family that has received aid
under the CalWORKs program continuously for the 10 months prior to
the birth of the child, with specified exceptions.
   This bill would repeal that exclusion for purposes of determining
the family's maximum aid payment and would expressly prohibit the
denial of aid or denial of an increase in the maximum aid payment if
a child on  who's   whose  behalf aid, or
an increase in aid, is being requested was born into an applicant's
or recipient's family while the applicant's or recipient's family was
receiving aid under the CalWORKs program.  The bill would
specify that an applicant or recipient is not entitled to an
increased benefit payment for months prior to January 1, 2014, as a
result of the repeal of that exclusion or the enactment of that
express prohibition.  The bill would also prohibit the
department from conditioning an applicant or recipient's eligibility
for aid on the applicant or recipient's disclosure of specified
information regarding rape, incest, or contraception, as specified.
   Existing law continuously appropriates moneys from the General
Fund to defray a portion of county aid grant costs under the CalWORKs
program.
   This bill would declare that no appropriation would be made for
purposes of the bill.
   To the extent that this bill affects eligibility under the
CalWORKs program, the bill would create a state-mandated local
program.
   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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares that this act is
necessary to protect the reproductive and privacy rights of all
applicants for, and recipients of, aid under the California Work
Opportunity and Responsibility to Kids Act (CalWORKs).
  SEC. 2.  Section 11270.5 is added to the Welfare and Institutions
Code, following Section 11270, to read:
   11270.5.  (a) An applicant for or recipient of aid under this
chapter shall not be required as a condition of eligibility to do any
of the following:
   (1) Divulge any member of the assistance unit's status as a victim
of rape or incest.
   (2) Share confidential medical records related to any member of
the assistance unit's rape or incest.
   (3) Use contraception, choose a particular method of
contraception, or divulge the method of contraception any member of
the assistance unit uses.
   (b) An applicant for or recipient of aid under this chapter shall
not be denied aid, nor denied an increase in the maximum aid payment,
for a child born into the applicant's or recipient's family during a
period in which the applicant's or recipient's family was receiving
aid under this chapter. 
   (c) An applicant for or recipient of aid under this chapter shall
not be entitled to an increased benefit payment for any month prior
to January 1, 2014, as a result of the repeal of former Section
11450.04 (as added by Section 1 of Chapter 196 of the Statutes of
1994) or the enactment of this section. 
  SEC. 3.  Section 11450.04 of the Welfare and Institutions Code is
repealed.
  SEC. 4.  No appropriation pursuant to Section 15200 of the Welfare
and Institutions Code shall be made for the 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.