HomeMy WebLinkAboutMINUTES - 04191994 - 1.97 TO: BOARD OF SUPERVISORS ..........._ Con}Contrr.. •,Of, l
ter'
FROM:
Phil Batchelor, County Administrator
Costa L
xov �. :.. County
�..
April 13 1994
DATE: p �SrA coun�i
SUBJECT: LEGISLATION: AB 2478 (Goldsmith, et al)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position of SUPPORT for AB 2478 by Assemblyman Goldsmith
and 29 co-authors (including Assemblyman Richard Rainey) , which
would eliminate the sunset date of January 1, 1995 on the ability
of a county to adopt General Assistance (GA) residency
requirements, establish a GA standard for applicants and recipients
who share housing with one or more unrelated persons, and
discontinue GA benefits under specified circumstances, thereby
continuing this authority indefinitely, and which would also permit
each county to discontinue GA after an able-bodied, mentally
competent individual has received GA for 3 months during a 12-month
period.
BACKGROUND:
Existing law authorizes each county, only until January 1, 1995,
to:
♦ Adopt GA residency requirements,
♦ Establish a GA standard for applicants and recipients who
share housing with one or more unrelated persons, and
♦ Discontinue GA benefits when a GA recipient who has received
aid for three months engages in specified behavior.
Assemblyman Goldsmith has introduced AB. 2478 which, as the bill was
amended on March 16, 1994 , would .eliminate the January 1, 1995
sunset date for these provisions, thereby continuing this authority
indefinitely.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE S:
ACTION OF BOARD ON April 19 , 1994 APPROVED AS RECOMMENDED _ X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT I ) 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 April 19 , 1994
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: See Page 2PERVISO SAND COUNTY ADMINISTRATOR
BY ,DEPUTY
-2-
AB 2478 would also amend the discontinuance provision noted above
to remove the "received aid for three months" requirement, thereby
allowing the sanctions to be imposed whenever the specified
behavior occurs .
AB 2478 would also allow a county to limit the receipt of GA to
three months, whether or not the months are consecutive, in a 12-
month period.
The existing sanctions are a necessary tool to insure that GA
recipients are fully cooperating in trying to obtain job training
and are seriously making an effort to make themselves self-
supporting. General Assistance should be viewed as a transitional
aid program which is available to assist an able-bodied and
mentally competent individual only for a temporary transitional
period of time, rather than being a way of life. The enactment of
AB 2478 is an important component in insuring that GA can remain a
temporary and transitional form of assistance for able-bodied and
mentally competent individuals . It is, therefore, recommended that
the Board of Supervisors indicate its support of AB 2478.
cc: County Administrator
Social Services Director
County Counsel
Sara Hoffman, CAO' s Office
Les Spahnn, Heim, Noack & Spahnn
e a
n
AMENDED IN ASSEMBLY MARCH 16, 1994
CALIFORNIA LEGISLATURE-1993-94 REGULAR SESSION
ASSEMBLY BILL No. 2478
f Introduced by Assembly Members GeldswA&, Member
Goldsmith
r
(Principal.coauthor. Senator Leslie)
(Coauthors: Assembly Members Aguiar, Andal, Boland,
Brulte, Connolly, Conroy, Costa, Frazee, Ferguson,
Frazee, Harvey, Haynes, Hoge, Horcher, Knight, Morrow,
Mountjoy, Pringle, Quackenbush, Riehterr, am. d Stathaffi
Rainey, Richter, Seastrand, Statham, and Takasugi)
(Coauthors: Senators Hurtt, Lewis, Peace, Presley, and
Wyman)
January 6, 1994
An act to amend Section 17001.5 of the Welfare and
Institutions Code,relating to general assistance, and declaring
the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2478, 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 in the county,
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. These programs are
commonly referred to as county general assistance programs.
Existing law, effective until January 1, 1995, authorizes each
county to adopt general assistance residency requirements,
establish a general assistance standard for applicants and
recipients who share housing with one or more unrelated
persons, and discontinue general assistance benefits under
98 80
AB 2478 — 2 —
specified
2 —
specified circumstances. j 1
This bill would indefinitely extend these provisions. 2
Under existing law, one of the circumstances under which 3
these benefits may be discontinued is when an able-bodied, 4
mentally competent person has received aid for 3 months if 5
the recipient engages in specified types of conduct. 6
This bill would delete the prior receipt of aid for 3 months - 7
as a condition of discontinued aid. 8
This bill would ; as aaft also permit each county 9
to discontinue aid under the general assistance program after 10
an able-bodied, mentally competent individual has received 11
that aid for 3 months, whether or not the months are 12
consecutive, during a 12-month period. 13
The bill would provide that it is the intent of the bill to 14
reverse a specified judicial decision. 15
This bill would declare that it is to take effect immediately 16
as an urgency statute. 17
Vote: %. Appropriation: no. ' Fiscal committee: no. 18
State-mandated local program: no. 19
>; 20
5
The people of the State of California do enact as follows: i 21
22
1 SECTION 1. Section 17001.5 of the Welfare and 1 23
2 Institutions Code is amended to read: 24
3 17001.5. Notwithstanding any other provision of law, € 25
4 including, but not limited to, Section 17000.5, the board 26
5 of supervisors of each county, or the agency authorized 27
6 by the county charter, may do any of the following: 28
K 7 (a) (1) Adopt residency requirements for purposes of 29
8 determining a persons's eligibility for general assistance. 30
9 Any residence requirement under this paragraph shall 31
10 not exceed 15 days. 32
11 (2) Nothing in this paragraph shall be construed to 33
12 authorize the adoption of a requirement that an = 34
13 applicant or recipient have an address or to require a 35
14 homeless person to acquire an address. 36
15 (b) (1) Establish a standard of general assistance for 37
16 applicants and recipients who.share housing with one or 38
17 more unrelated persons or with one or more persons who 39
18 are not legally responsible for the applicant or recipient. 40
98 110
- 3 — AB 2478
1 The standard of general assistance aid established
.ons. 2 pursuant to Section 17000.5 for a single adult recipient
der which 3 may be reduced pursuant to this subdivision by not more
ale-bodied, 4 than the following percentages, as appropriate:
months if 5 (A) Fifteen percent if the recipient shares housing
;t. 6 with one other person described in this paragraph.
• 3 months 7 (B) Twenty percent if the recipient shares housing
8 with two other persons described in this paragraph.
.ch county 9 (C) Twenty-five . percent if the recipient shares
;ram after 10 housing with three or more other persons described in
s received 11 this paragraph.
onths are 12 (2) Any standard of aid adopted pursuant to this
13 subdivision shall constitute a sufficient standard of aid for
the bill to 14 .any recipient who shares housing. .
15 (3) Counties with shared housing reductions larger
mediately 16 than the amounts specified in paragraph (1) as of August
17 19, 1992, may continue to apply those adjustments.
ittee: no. . 18 (c) Establish a procedure to do eee all of the
19 following:
i,
0 20 (1) Discontinue aid under this part for a period of not
follows: 21 more than 180 days with respect to any recipient who is
22 able bodied and mentally competent a� has reee�=ed
Hare and 23 aid tmder- this par4 feT- twee mee'ths if the recipient
24 engages in any of the following conduct:
on of law, , 25 (A) Fails, or refuses, without good cause, to participate
the board 26 in a qualified job training program, participation of which
authorized 27 is a condition of receipt of assistance.
owing: 28 (B) After completion of a job training program, fails,
lurposes of 29 or refuses, without good cause, to accept an offer of
assistance. 30 appropriate employment.
raph shall 31 (C) Persistently fails, or refuses, without good cause,
32 to cooperate with the county in its efforts to do any of the
lstrued to �, �, 33 following:
that an 34 (i) Enroll the recipient in a job training program.
require a 35 (ii) After completion of a job training program, locate
36 and secure appropriate employment for the recipient.
,stance for 37 (D) For purposes of this paragraph, lack of good cause
,ith one or 38 may be demonstrated by a showing of any of the
.rsons who 39 following:
recipient. ( � 40 (i) The willful failure, or refusal, of the recipient to
98 110 98 130
AB 2478 — 4 -
1
4 -1 participate in a job training program, accept appropriate ' 1
2 employment, or cooperate in enrolling in a training 2
3 program or locating employment. 3
4 (ii) Not less than three separate acts of negligent 4
5 failure of the recipient to engage in any of the activities 5
6 described in clause (i) . 6
7 (2) Diseentifme aid after Prohibit an able-bodied and 8
8 mentally competent individual has Ped from
9 receiving aid under,this part for more than three months, 9
10 whether or not the months are consecutive, in a 12-month 10
11 period. A 124menth period shah eewAnen dig s
12 menthOtat ae
13 person . ftid tmder wid . emy
14 diseentifmanee autheriz by `otgraph shad end
15 eee yeaw ager the firA dey of the earhest of the wee
16 inenths during whie aid was r ea, emeluding ment3s
17 of ea sed fi* reasens ether- fiieat OAS
18 , g a period of wtderr this
19 p ,ee hirther diseentinuvanee of aid meet be mace
20 under this has reeeiyed `
21 twee ment3s of ftid dreg a 12knenh period.
22 No person shall be eligible for aid under this part until 12
23 months after the date aid is first received, excluding any
24 period of ineligibility otherwise imposed for reasons �.-
25 other than those provided for in this paragraph. This ;
26 paragraph shall apply only to aid received on or after the
27 effective date of this paragraph.
28 (d) Notwithstanding subdivision (c), discontinue aid
29 to, or sanction, recipients for failure or refusal without
30 good cause to follow program requirements. For
31 purposes of subdivision (c), lack of good cause may be
32 demonstrated by a showing of either- +A+ wAf-u4 either.
33 (1) Willful failure or refusal of the recipient to follow s
34 program ents, er +B} eet requirements. -"
35 (2) Not less than three separate acts of negligent
36 failure of the recipient to follow program requirements.
37 SEC. 2. It is the intent of this act to reverse the
38 decision in the case of Washington v. Board of Supervisors
39 of San Diego County, (18 Cal. App. 4th 981).
40 SEC. 3. This act is an urgency statute necessary for
98 150
T
—5 — AB 2478
?ro riate ® 1 the immediate preservation of the public peace, health,
training meaning 2 or safety within the meang of Article IV of the
3 Constitution and shall go into immediate effect. The facts
iegligent 4 constituting the necessity are:
activities 5 In order to ensure that counties have the needed
6 flexibility to implement general assistance programs
died and7 within available resources, and to ensure that benefits are
ed from 8 provided in the most equitable manner possible at the
months, 9 earliest possible time, it is necessary that this act go into
;2-month 10 immediate effect.
dtW;ftg ft
PA ffily
end
he three
x MeRths
'"M Otis
Aff this
be e
0
t until 12
ding any
reasons
ph. This 0
after the
O
argue aid
without
.its. For
: may be
*I either:
to follow Qi �
fS.
tegligent
rements.
erse the
;)ervisors
ssary for
98 150 98 150