Bill Text: CA AB110 | 2017-2018 | Regular Session | Amended
Bill Title: In-home supportive services provider wages: emergency caregiver payments for foster care: civil immigration detainees: recording fees.
Spectrum: Committee Bill
Status: (Passed) 2018-03-13 - Chaptered by Secretary of State - Chapter 8, Statutes of 2018. [AB110 Detail]
Download: California-2017-AB110-Amended.html
Amended
IN
Senate
March 01, 2018 |
Amended
IN
Senate
February 27, 2018 |
Amended
IN
Senate
June 12, 2017 |
Assembly Bill | No. 110 |
Introduced by Committee on Budget (Assembly Members Ting (Chair), Arambula, Bloom, Caballero, Chiu, Cooper, Cristina Garcia, Jones-Sawyer, Limón, McCarty, Medina, Mullin, Muratsuchi, O’Donnell, Rubio, Mark Stone, Weber, and Wood) |
January 10, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 7284.6 of the Government Code is amended to read:7284.6.
(a) California law enforcement agencies shall not:SEC. 2.
Section 27388.1 of the Government Code is amended to read:27388.1.
(a) (1) Commencing January 1, 2018, and except as provided in paragraph (2), in addition to any other recording fees specified in this code, a fee of seventy-five dollars ($75) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fees, per each single transaction per parcel of real property. The fee imposed by this section shall not exceed two hundred twenty-five dollars ($225). “Real estate instrument, paper, or notice” means a document relating to real property, including, but not limited to, the following: deed, grant deed, trustee’s deed, deed of trust, reconveyance, quit claim deed, fictitious deed of trust, assignment of deed of trust, request for notice of default, abstract of judgment, subordination agreement, declaration of homestead, abandonment of homestead, notice of default, release or discharge, easement, notice of trustee sale, notice of completion, UCC financing statement, mechanic’s lien, maps, and covenants, conditions, and restrictions.(3)This section shall not be construed to affect the fee described in Section 27361.3.
(a)Commencing on the effective date of the act that added this section, each county shall provide a payment equivalent to the basic rate of the home-based family care rate structure, as provided in subdivision (c), to an emergency caregiver who is caring for a child or nonminor dependent placed in the caregiver’s home through an emergency placement pursuant to subdivision (d) of Section 309 or Section 361.45, or based on a compelling reason pursuant to subdivision (e) of Section 16519.5, effective on the date of the placement of the child or nonminor dependent, if the child or nonminor dependent meets both of the following criteria:
(1)The child or nonminor dependent is not otherwise eligible for AFDC-FC or the Approved Relative Caregiver
Funding Program pursuant to Section 11461.3 while placed in the home of the emergency caregiver.
(2)The child or nonminor dependent resides in California.
(b)For purposes of this section, an “emergency caregiver” means an individual who has a pending resource family application filed with an appropriate agency on or after the effective date of this section, and who has been assessed pursuant to Section 361.4.
(c)(1)Notwithstanding Section 11461.3, an emergency caregiver who is eligible for payment pursuant to this section because the emergency caregiver is caring for a child or nonminor dependent who has been determined to be ineligible for federal financial participation in an AFDC-FC payment is eligible for the Approved Relative Caregiver Funding Program under Section 11461.3 for the
purposes of making the payment authorized by this section.
(2)Notwithstanding any law or other administrative directives, an emergency caregiver who does not meet the requirements of paragraph (1) shall be provided payment as specified in this section through the emergency assistance program that is included in the state’s Temporary Assistance for Needy Families block grant.
(d)A payment authorized by this section shall be made retroactive to January 1, 2018, for emergency caregivers, as defined in subdivision (b), for the period during which the emergency caregiver had a child or nonminor dependent placed in the caregiver’s home pursuant to subdivision (d) of Section 309 or Section 361.45, or based on a compelling reason pursuant to subdivision (e) of Section 16519.5, effective on the date of the placement of the child or nonminor dependent, and the child or nonminor dependent
meets the criteria in subdivision (a). This subdivision shall be implemented only if a feasible statewide process and timeline for the retroactive payments is mutually established by the department and the County Welfare Directors Association.
(e)(1)Counties shall not be penalized for any audit findings or disallowances related to the payment of emergency assistance payments made pursuant to paragraph (2) of subdivision (c).
(2)Overpayments shall not be recouped from emergency providers or resource families who have been paid an emergency assistance payment pursuant to paragraph (2) of subdivision (c).
SEC. 3.
Section 11461.35 is added to the Welfare and Institutions Code, to read:11461.35.
(a) It is the intent of the Legislature to provide, through June 30, 2018, interim support to emergency caregivers, as defined in subdivision (c), who have pending applications under the Resource Family Approval Program that have been temporarily delayed due to the need to increase capacity for statewide implementation of the program.SEC. 4.
Section 12306.1 of the Welfare and Institutions Code is amended to read:12306.1.
(a) When any increase in provider wages or benefits is locally negotiated, mediated, or imposed by a county, public authority, or nonprofit consortium, or any increase in provider wages or benefits is adopted by ordinance pursuant to Article 1 (commencing with Section 9100) of Chapter 2 of Division 9 of the Elections Code, then the county shall use county-only funds to fund both the county share and the state share, including employment taxes, of any increase in the cost of the program, unless otherwise provided for in the annual Budget Act or appropriated by statute. No increase in wages or benefits locally negotiated, mediated, imposed, or adopted by ordinance pursuant to this section shall take effect unless and until, prior to its implementation, the increase is reviewed and determined to be in compliance with state law and the department has obtained the approval of the State Department of Health Care Services for the increase pursuant to a determination that it is consistent with federal law and to ensure federal financial participation for the services under Title XIX of the federal Social Security Act, and unless and until all of the following conditions have been met:SEC. 5.
Section 12306.16 of the Welfare and Institutions Code is amended to read:12306.16.
(a) Commencing July 1, 2017, all counties shall have a County IHSS Maintenance of Effort (MOE).No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing Section 11461.35 of the Welfare and Institutions Code, which is added by this act.
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 Section 11461.35 of the Welfare and Institutions Code, which is added by this act, through an all-county letter or similar instruction. The all-county letter or similar instruction shall be finalized and published no later than 21 days following the enactment of this act.