California 2021 2021-2022 Regular Session

California Assembly Bill AB461 Amended / Bill

Filed 06/14/2021

                    Amended IN  Senate  June 14, 2021 Amended IN  Assembly  April 12, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 461Introduced by Assembly Member Villapudua(Coauthor: Senator Jones)February 08, 2021 An act to add Section 11322.82 to the Welfare and Institutions Code, relating to CalWORKs. LEGISLATIVE COUNSEL'S DIGESTAB 461, as amended, Villapudua. CalWORKs: welfare-to-work: self-employment.Existing law establishes 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 using federal, state, and county funds. Existing law requires a recipient of CalWORKs to participate in welfare-to-work activities for a specified number of hours per week as a condition of eligibility. Existing law identifies the welfare-to-work activities in which a recipient may participate, including, among others, self-employment.This bill would require, for the purpose of calculating the number of hours a recipient is participating in welfare-to-work activities, the number of hours for self-employment activities to be based solely on the number of hours the recipient is engaged in self-employment activities. The bill would require the State Department of Social Services to implement and administer these provisions through an all-county letter or similar instructions from the director no later than October 1, 2022. To the extent this bill would increase the administrative duties of counties with regard to the CalWORKs program, 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 instead 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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11322.82 is added to the Welfare and Institutions Code, to read:11322.82. (a) For the purpose of calculating the number of hours a recipient is participating in welfare-to-work activities pursuant to Section 11322.8, the number of hours for self-employment activities shall be based solely on the number of hours the recipient is engaged in self-employment activities, as authorized pursuant to subdivision (i) of Section 11322.6.(b) 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 shall implement and administer, interpret, or make specific this section by means of all-county letters or similar written instructions from the department. These all-county letters or similar instructions shall have the same force and effect as regulations. The department shall issue an all-county letter no later than October 1, 2022.SEC. 2. No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing 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.

 Amended IN  Senate  June 14, 2021 Amended IN  Assembly  April 12, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 461Introduced by Assembly Member Villapudua(Coauthor: Senator Jones)February 08, 2021 An act to add Section 11322.82 to the Welfare and Institutions Code, relating to CalWORKs. LEGISLATIVE COUNSEL'S DIGESTAB 461, as amended, Villapudua. CalWORKs: welfare-to-work: self-employment.Existing law establishes 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 using federal, state, and county funds. Existing law requires a recipient of CalWORKs to participate in welfare-to-work activities for a specified number of hours per week as a condition of eligibility. Existing law identifies the welfare-to-work activities in which a recipient may participate, including, among others, self-employment.This bill would require, for the purpose of calculating the number of hours a recipient is participating in welfare-to-work activities, the number of hours for self-employment activities to be based solely on the number of hours the recipient is engaged in self-employment activities. The bill would require the State Department of Social Services to implement and administer these provisions through an all-county letter or similar instructions from the director no later than October 1, 2022. To the extent this bill would increase the administrative duties of counties with regard to the CalWORKs program, 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 instead 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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES 

 Amended IN  Senate  June 14, 2021 Amended IN  Assembly  April 12, 2021

Amended IN  Senate  June 14, 2021
Amended IN  Assembly  April 12, 2021

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Assembly Bill 

No. 461

Introduced by Assembly Member Villapudua(Coauthor: Senator Jones)February 08, 2021

Introduced by Assembly Member Villapudua(Coauthor: Senator Jones)
February 08, 2021

 An act to add Section 11322.82 to the Welfare and Institutions Code, relating to CalWORKs. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 461, as amended, Villapudua. CalWORKs: welfare-to-work: self-employment.

Existing law establishes 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 using federal, state, and county funds. Existing law requires a recipient of CalWORKs to participate in welfare-to-work activities for a specified number of hours per week as a condition of eligibility. Existing law identifies the welfare-to-work activities in which a recipient may participate, including, among others, self-employment.This bill would require, for the purpose of calculating the number of hours a recipient is participating in welfare-to-work activities, the number of hours for self-employment activities to be based solely on the number of hours the recipient is engaged in self-employment activities. The bill would require the State Department of Social Services to implement and administer these provisions through an all-county letter or similar instructions from the director no later than October 1, 2022. To the extent this bill would increase the administrative duties of counties with regard to the CalWORKs program, 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 instead 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 establishes 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 using federal, state, and county funds. Existing law requires a recipient of CalWORKs to participate in welfare-to-work activities for a specified number of hours per week as a condition of eligibility. Existing law identifies the welfare-to-work activities in which a recipient may participate, including, among others, self-employment.

This bill would require, for the purpose of calculating the number of hours a recipient is participating in welfare-to-work activities, the number of hours for self-employment activities to be based solely on the number of hours the recipient is engaged in self-employment activities. The bill would require the State Department of Social Services to implement and administer these provisions through an all-county letter or similar instructions from the director no later than October 1, 2022. To the extent this bill would increase the administrative duties of counties with regard to the CalWORKs program, 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 instead 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.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 11322.82 is added to the Welfare and Institutions Code, to read:11322.82. (a) For the purpose of calculating the number of hours a recipient is participating in welfare-to-work activities pursuant to Section 11322.8, the number of hours for self-employment activities shall be based solely on the number of hours the recipient is engaged in self-employment activities, as authorized pursuant to subdivision (i) of Section 11322.6.(b) 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 shall implement and administer, interpret, or make specific this section by means of all-county letters or similar written instructions from the department. These all-county letters or similar instructions shall have the same force and effect as regulations. The department shall issue an all-county letter no later than October 1, 2022.SEC. 2. No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing 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.

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

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

SECTION 1. Section 11322.82 is added to the Welfare and Institutions Code, to read:11322.82. (a) For the purpose of calculating the number of hours a recipient is participating in welfare-to-work activities pursuant to Section 11322.8, the number of hours for self-employment activities shall be based solely on the number of hours the recipient is engaged in self-employment activities, as authorized pursuant to subdivision (i) of Section 11322.6.(b) 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 shall implement and administer, interpret, or make specific this section by means of all-county letters or similar written instructions from the department. These all-county letters or similar instructions shall have the same force and effect as regulations. The department shall issue an all-county letter no later than October 1, 2022.

SECTION 1. Section 11322.82 is added to the Welfare and Institutions Code, to read:

### SECTION 1.

11322.82. (a) For the purpose of calculating the number of hours a recipient is participating in welfare-to-work activities pursuant to Section 11322.8, the number of hours for self-employment activities shall be based solely on the number of hours the recipient is engaged in self-employment activities, as authorized pursuant to subdivision (i) of Section 11322.6.(b) 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 shall implement and administer, interpret, or make specific this section by means of all-county letters or similar written instructions from the department. These all-county letters or similar instructions shall have the same force and effect as regulations. The department shall issue an all-county letter no later than October 1, 2022.

11322.82. (a) For the purpose of calculating the number of hours a recipient is participating in welfare-to-work activities pursuant to Section 11322.8, the number of hours for self-employment activities shall be based solely on the number of hours the recipient is engaged in self-employment activities, as authorized pursuant to subdivision (i) of Section 11322.6.(b) 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 shall implement and administer, interpret, or make specific this section by means of all-county letters or similar written instructions from the department. These all-county letters or similar instructions shall have the same force and effect as regulations. The department shall issue an all-county letter no later than October 1, 2022.

11322.82. (a) For the purpose of calculating the number of hours a recipient is participating in welfare-to-work activities pursuant to Section 11322.8, the number of hours for self-employment activities shall be based solely on the number of hours the recipient is engaged in self-employment activities, as authorized pursuant to subdivision (i) of Section 11322.6.(b) 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 shall implement and administer, interpret, or make specific this section by means of all-county letters or similar written instructions from the department. These all-county letters or similar instructions shall have the same force and effect as regulations. The department shall issue an all-county letter no later than October 1, 2022.



11322.82. (a) For the purpose of calculating the number of hours a recipient is participating in welfare-to-work activities pursuant to Section 11322.8, the number of hours for self-employment activities shall be based solely on the number of hours the recipient is engaged in self-employment activities, as authorized pursuant to subdivision (i) of Section 11322.6.

(b) 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 shall implement and administer, interpret, or make specific this section by means of all-county letters or similar written instructions from the department. These all-county letters or similar instructions shall have the same force and effect as regulations. The department shall issue an all-county letter no later than October 1, 2022.

SEC. 2. No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.

SEC. 2. No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.

SEC. 2. No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.

### SEC. 2.

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.

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.

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.

### SEC. 3.