HomeMy WebLinkAboutMINUTES - 05251993 - 1.33 L 1 _33
TO: BOARD OF SUPERVISORS _ SEL Contra
Phil Batchelor, County Administrator ;> Costa
FROM:
l
;; a
County
DATE: May 19, 1993
SUBJECT: LEGISLATION: AB 1965 (Goldsmith)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION: .
Adopt a position in SUPPORT of AB 1965 by Assemblyman Jan
Goldsmith, which would provide that the responsibility to operate
a General Assistance Program is entirely discretionary with each
County Board of Supervisors .
BACKGROUND:
Under current law, the Board of Supervisors is required to "relieve
and support all incompetent, poor, indigent persons, and those
incapacitated by age, disease, or accident, when these persons are
not supported and relieved by their relatives or friends . . . "
[Welfare & Institutions Code Section 17000] . In addition, the law
provides that the "board of supervisors of each county. . .shall
adopt standards of aid and care for the indigent and dependent poor
of the county or city and county. " [Welfare & Institutions Code
Section 17001] .
Assemblyman Goldsmith has introduced AB 1965, which, as amended
April 27 , 1993 , would do all of the following:
1 . Add language to Section 17000 which provides that
notwithstanding any other provision of law, the grant level,
if any, for general assistance shall be set by the Board of
Supervisors in its sole discretion.
2 . Amend Section 17001 to change the word "shall" to "may" .
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
r
SIGNATURE(S):
ACTION OF BOARD ON May 25, 1993 APPROVED AS RECOMMENDED OTHER X
Susan Prather and Philip Berthenthal spoke. The Board discussed the above
recommendations. The Board REMOVED the above item from the agenda, and DIRECTED
THE County Administrator to coordinate the County's position with CSAC relating
to the mandates in the Welfare and Institutions Code Section 17000., and
DETERMINED to consider a position of opposition in the future.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
—X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED May 25, 1993
Contact: PHIL BATCHELOR.CLERK OF THE BOARD OF
cc: County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
Social Services Director
County Counsel
Les Spahnn, Heim, Noack & Spahnn BY DEPUTY
via County Administrator
-2-
3 . Allows a county to deem that a portion of the income of an
individual who, as a sponsor of the entry of a General
Assistance applicant or recipient into this country, signed an
affidavit of support on behalf of the applicant or recipient,
is available to the applicant for a period of three years
after the individual ' s entry into the United States . Certain
groups of aliens are exempt from this provision because of
various provisions of federal law.
General Assistance is one of the fastest growing unfunded State
mandates with which the County has to deal . The Board has in the
past sought as much flexibility and discretion as possible in
administering the General Assistance Program. AB 1965 would, in
effect, relieve the Board of the obligation to operate any General
Assistance Program and would allow the Board to establish the
payment levels at whatever level the Board felt was appropriate and
affordable. It is, therefore, recommended that the Board of
Supervisors indicate its support for AB 1965.
AB 1965 is scheduled to be heard in the Assembly Human Services
Committee on May 19 , 1993 .
AMENDED IN ASSEMBLY APRIL 27, 1993
CALIFORNIA LEGISLATURE-1993-94 REGULAR SESSION
ASSEMBLY BILL No. 1965
Introduced by Assembly Member Goldsmith
March 5, 1993
An act to amend Sections 17000 and 17001 of, and to add
Section 17001.7 to, the Welfare and Institutions Code, relating
to general assistance.
LEGISLATIVE COUNSEL'S DIGEST
AB 1965, as amended, Goldsmith. County general
assistance programs.
Existing law requires each county to relieve and support all
incompetent, poor, indigent persons, and those incapacitated
by age, disease, or accident lawfully resident therein, when
these persons are not supported and relieved by their
relatives and friends, by their own means, or by state hospitals
or other state or private institutions. There programs are
commonly referred to as county general assistance programs.
This bill would make this duty discretionary upon each
county. It would specify that the level, if any, of aid and care
that the county provides under its general assistance program.
is solely at the discretion of the board of supervisors.
This bill would also permit a county, in determining the
eligibility for specified aliens who are general assistance
applicants or recipients, to deem specified amounts ofincome
and resources of a sponsor, or the sponsors spouse, to the
entry of an alien into the United States as available to the
alien.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no. '
98 90
1
AB 1965 — 2 —
The
2 —The people of the State of California do enact as follows:
1 SECTION 1. Section 17000 of the Welfare and
2 Institutions Code is amended to read: - i
3 17000. (a) Every county and every city and county
4 may relieve and support all incompetent, poor, indigent
5 persons, and those incapacitated by age, disease, or
6 accident, lawfully resident therein, when these persons
7 are not supported and relieved by their relatives or
8 friends, by their own means, or by state hospitals or other
9 state or private institutions.
10 (b) Notwithstanding any other provision of law, the
11 level, if any, for general assistance grants or in-kind aid,
12 provided by a county or city and county for the relief and
13 . support of incompetent, poor, indigent persons, and
14 those incapacitated by age, disease, or accident shall be
15 set by the board of supervisors in its sole discretion.
16 SEC. 2. Section 17001 of the Welfare and Institutions
17 Code is amended to read:
18 17001. The board of supervisors of each county, or the
19 agency authorized by county charter, may adopt
20 standards of aid and care for the indigent and dependent
21 poor of the county or city and county.
22 SEC. 3. Section 17001.7 is added to the Welfare and
23 Institutions Code, to read: `
24 17001.7. (a) In adopting standards of aid and care for
25 the indigent and dependent poor of the county or city.
26 and county, the board of supervisors or the ,agency
27 authorized by the countycharter may, for purposes of
28 determining eligibility for aid and care, deem the income
29 and resources ofany person who, as a sponsor of the entry
30 of a general assistance applicant or recipient into the.
31 United States, executed an affidavit of support or similar
32 agreement with respect to that applicant or recipient,
33 and the income and resources of the sponsors spouse, to
34 be the income and resources of that applicant or
35 recipient, in accordance with subdivisions (b) and (c),
36 for a period of three years after the individuals entry into
37 the United States: Any such deemed income. shall be
38 treated as unearned income of the general assistance
98 iso
I
- 3 — AB 1965
1 applicant or recipient.
lows: pp
2 (b) (1) The amount of income of a sponsor and the
tre and 3 sponsors spouse that shall be deemed to be the unearned'
4 income of an alien for any month shall be determined as
I county 5 follows:
ndigent 6 (A) The total amount of earned and unearned income
'ase, or �� 7 of the sponsor and the sponsors spouse, if the spouse is
persons 8 living with the sponsor, shall be determined for that
Lives or 9 month.
or other 10 (B) The amount determined under subparagraph (A)
11 shall be reduced by an amount equal to the following.
.aw, the 12 (i) One hundred seventy-five dollars ($175), or 20
ind aid, 13 percent of the total of any amounts received by the
-lief and 14 sponsor and the sponsor's spouse in that month as wages
ns, and 15 or salary or as net earnings from self-employment, plus
shall be 16 the full amount of any costs incurred by them in
:ion. 17 producing self-employment income in that month,
itutions 18 whichever is less.
19 (ii) The amount of maximum aid established pursuant
7, or the `}_?'' � 20 to Section 11450 Code for a family of the same size and
adopt 21 composition as the sponsor and those other individuals
)endent 22 living in the same household as the sponsor who are
23 claimed by the sponsor as dependents for purposes of
4xe and 24 determining the sponsors federal personal income tax
ti 00 25 liability, but whose needs are not taken into account in
care for 26 making a determination for eligibility for Aid to Families
or city 27 with Dependent Children under Section 602(a) (7) of
agency 28 Title 42 of the United States Code.
)oses of 29 (iii) Any amounts paid by the sponsor or the sponsor's
income 30 spouse to individuals not living in the sponsor's household
ie entry 31 who are claimed by the sponsor as dependents for
ato the 32 purposes of determining the sponsor's federal personal
similar
�' 33 income tax liability.
;4{ .: .
cipient, 34 (iv) Any payments of spousal or child support by the
ruse, to 35 sponsor or the sponsors spouse with respect to
!ant or 36 individuals not living in the sponsors household.
nd (c), 37 (2) The amount of resources of a sponsor and the
try into 38 sponsors spouse that shall be deemed to be the resources
hall be 39 of an alien for any month shall be the total amount of
:istance 40 resources determined as if the sponsor were applying for
98 130 98 140
AB 1965 — 4 -
1
4 -1 general assistance under this chapter of the sponsor and
2 the sponsors spouse, if the spouse is living with the
3 sponsor, and in accordance with the standards adopted
4 by the county or city and county, reduced by one
5 thousand five hundred dollars ($1,500).
6 (c). Any sponsor of an alien, and the alien, shall be
7 jointly and severally liable for an amount equal to any '
8 overpayment of aid made to the alien during the period
9 of three years after the alien's, entry into the United
10 States, on account of the sponsors failure to provide
11 correct information under this section, except where that
12 sponsor was without fault, or where good cause of that
13 failure existed.
14 (d) In any case where a person is the sponsor of two
15 or more. aliens who are living in the same home, the
16 income and resources of the sponsor and the sponsor's
17 spouse, to the extent they would be deemed the income
18 and resources of any one of these aliens under
19 subdivisions (a) to (c), inclusive, shall be divided into two
20 or more equal shares, the number of shares being the
21 same as the number of these aliens, and the income and
22 resources of each of those aliens shall be deemed to
23 include one share.
24 (e) As a condition to providing aid pursuant to this
25 chapter, the county or city and county may require the - -
26 alien to provide the name and address of the alien's
27 sponsor and may require the alien or the alien's sponsor
28 to provide all information regarding the income and.
29 assets of the sponsor and the sponsors spouse necessary
30 to enforce this section.
31 (1) This section shall not apply to an alien to which any
32 of the following applies:
33 (1) Admitted to the United States as a result of the
) (
3 (
4 application, prior to Apri11, 1980, of Section 1153 a 7)
35 of Title 8 of the United States Code.
36 (2) Admitted to the United States as a result of the
37 application, after March 31, 1980, .of Section 1157(c) of
38 Title 8 of the United States Code.
39 (3) Paroled into the United States as a refugee under
40 Section 1182(d) (5) of Title 8 of the United States Code.
98 160
- 5 — AB 1965
sor and �} 1 (4) Granted political asylum by the Attorney General
ith the 2 of the United States pursuant to Section 1158 of Title 8 of
dopted 3 the United States Code.
by one 4 (5) A Cuban or Haitian entrant, as defined in Section
5 501 (e) of the Refugee Education Assistance Act of 1980
hall be 6 (Public Law 96-422).
to any
period
United
)rovide
)re that
of that
of two
ae, the
Ponsor s
Income
under
Ito two -
Ing the
ne and
ned to
to this -=Z.
!ire the t j U O
alien's
sponsor
ne and
cessary
ich any
of the _. 3
3(a) (7)
of the
7(c) of
under
s Code. �, ✓ ¢�
98 160 98 160
DATE: -512541-9
REQUEST TO SPEAK FORM
(THREE (3) MINUTE LIMIT)
Complete this form and place it in the box near the speakers' rostrum before
addressing the BoardAa"K-&
NAME: PHONE: �/
ADDRESS: CITY:
I am speaking formyself OR organization:
h ck one: (NAME OF ORGANIZATION)
I wish to Ag to on speak Agenda I m #
p
My comments will be: general for against
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.SPEAKERS
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2. You will be called to make your presentation. Please speak into the microphone.
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4. Give the Clerk a copy of your presentation or support documentation, if available.
5. Please limit your presentation to three minutes. Avoid repeating comments made by previous
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r DATE. S--,-7
REQUEST To SPEAK FORM
(THREE (3) MINUTE LIMIT
Complete this form and place it in the box near the speakers' rostrum before
addressing the oard.
NAME: �L I l PHONE:
s
ADDRESS: CITY:
I am speaking formyself OR organization:
Check one: (NAME OF ORGANIZATION)
I wish to speak on Agenda Item # ]�_.
My comments will be: general for against
I wish to speak on the subject of
I do not wish to speak but leave these comments for the Board to consider.
SPEAKERS
1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speakers'
microphone before your item is to be considered.
2. You will be called to make your presentation. Please speak into the microphone.
3. Begin by stating your name and address: whether you are speaking for yourself or as a
representative of an organization.
4. Give the Clerk a copy of your presentation or support documentation, if available.
5. Please limit your presentation to,three minutes. Avoid repeating comments made by previous
speakers. (The Chair may limit'length of presentations so all persons may be heard.)