Bill Text: CA AB2352 | 2011-2012 | Regular Session | Introduced
Bill Title: CalWORKs eligibility: asset limits: vehicles.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2012-08-16 - In committee: Held under submission. [AB2352 Detail]
Download: California-2011-AB2352-Introduced.html
BILL NUMBER: AB 2352 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Roger Hernández
(Coauthors: Assembly Members Blumenfield and Lara)
FEBRUARY 24, 2012
An act to amend Sections 11155, 11155.1, and 11257 of the Welfare
and Institutions Code, relating to CalWORKs.
LEGISLATIVE COUNSEL'S DIGEST
AB 2352, as introduced, Roger Hernández. CalWORKs eligibility:
asset limits: vehicles.
Existing federal law provides for the allocation of federal funds
through the federal Temporary Assistance for Needy Families (TANF)
block grant program to eligible states, with California's version of
this program known as the California Work Opportunity and
Responsibility to Kids (CalWORKs) program. Under the CalWORKs
program, each county provides cash assistance and other benefits to
qualified low-income families and individuals who meet specified
eligibility criteria. Existing law imposes limits on the amount of
income and personal and real property an individual or family may
possess in order to be eligible for aid under the CalWORKs program,
including specifying the allowable value of a licensed vehicle
retained by an applicant for, or recipient of, that aid.
This bill would delete existing requirements for assessing the
value of a motor vehicle for purposes of CalWORKs program
eligibility. The bill would exclude the value of a licensed motor
vehicle from consideration when determining or redetermining CalWORKs
eligibility. By increasing the duties of counties administering the
CalWORKs program, this bill would impose a state-mandated local
program.
Existing law continually appropriates money from the General Fund
to pay for a share of aid grant costs under the CalWORKs program.
This bill would declare that no appropriation would be made for
purposes of the bill pursuant to the provision continuously
appropriating funds for the CalWORKs 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. Section 11155 of the Welfare and Institutions Code is
amended to read:
11155. (a) Notwithstanding Section 11257, in addition to the
personal property or resources permitted by other provisions of this
part, and to the extent permitted by federal law, an applicant or
recipient for aid under this chapter chapter,
including an applicant or recipient under Chapter 2
(commencing with Section 11200) 11200),
may retain countable resources in an amount equal to the amount
permitted under federal law for qualification for the federal
Supplemental Nutrition Assistance Program, administered in California
as CalFresh.
(b) The county shall determine the value of exempt personal
property other than motor vehicles in conformance with methods
established under CalFresh.
(c) (1) The value of
licensed vehicles shall be the greater of the fair market
value as provided in paragraph (3) or the equity value, as provided
in paragraph (5), unless an exemption as provided in paragraph (2)
applies. a motor vehicle shall be excluded from
consideration as property when determining and redetermining
eligibility for applicants and recipients.
(2) The entire value of any licensed vehicle shall be exempt if
any of the following apply:
(A) It is used primarily for income-producing purposes.
(B) It annually produces income that is consistent with its fair
market value, even if used on a seasonal basis.
(C) It is necessary for long distance travel, other than daily
commuting, that is essential for the employment of a family member.
(D) It is used as the family's residence.
(E) It is necessary to transport a physically disabled family
member, including an excluded disabled family member, regardless of
the purpose of the transportation.
(F) It would be exempted under any of subparagraphs (A) to (D),
inclusive, but the vehicle is not in use because of temporary
unemployment.
(G) It is used to carry fuel for heating for home use, when the
transported fuel or water is the primary source of fuel or water for
the family.
(H) The equity value of the vehicle is one thousand five hundred
one dollars ($1,501) or less.
(3) Each licensed vehicle that is not exempted under paragraph (2)
shall be individually evaluated for fair market value, and any
portion of the value that exceeds four thousand six hundred fifty
dollars ($4,650) shall be attributed in full market value toward the
family's resource level, regardless of any encumbrances on the
vehicle, the amount of the family's investment in the vehicle, and
whether the vehicle is used to transport family members to and from
employment.
(4) Any licensed vehicle that is evaluated for fair market value
shall also be evaluated for its equity value, except for the
following:
(A) One licensed vehicle per adult family member, regardless of
the use of the vehicle.
(B) Any licensed vehicle, other than those to which subparagraph
(A) applies, that is driven by a family member under 18 years of age
to commute to, and return from his or her place of employment or
place of training or education that is preparatory to employment, or
to seek employment. This subparagraph applies only to vehicles used
during a temporary period of unemployment.
(5) For purposes of this section, the equity value of a licensed
vehicle is the fair market value less encumbrances.
(d) The value of any unlicensed vehicle shall be the fair market
value less encumbrances, unless an exemption applies under paragraph
(2).
SEC. 2. Section 11155.1 of the Welfare and Institutions Code is
amended to read:
11155.1. (a) Notwithstanding Sections 11155 and 11257, the
department shall seek any federal approvals necessary to conduct a
demonstration program increasing the value of personal property that
may be retained by a recipient of aid under Chapter 2 (commencing
with Section 11200) to two thousand dollars ($2,000) and
increasing the value of the exemption for an automobile to four
thousand five hundred dollars ($4,500) . The increased
property limits limit shall not apply
to applicants.
(b) This section shall be implemented only if the director
executes a declaration, that shall be retained by the director,
stating that federal approval for the implementation of this section
has been obtained and specifying the duration of that approval.
SEC. 3. Section 11257 of the Welfare and Institutions Code is
amended to read:
11257. (a) To the extent not inconsistent with Sections
11004.1, 11265.1, 11265.2, and 11265.3 ,
and 11004.1 , no aid under this chapter shall be granted or
paid for any child who has real or personal property, the combined
market value reduced by any obligations or debts with respect to this
property of which exceeds one thousand dollars ($1,000), or for any
child or children in one family who have, or whose parents have, or
the child or children and parents have, real and personal property
the combined market value reduced by any obligations or debts with
respect to this property which exceeds one thousand dollars ($1,000).
For purposes of this subdivision, real and personal property shall
be considered both when actually available and when the applicant or
recipient has a legal interest in a liquidated sum and has the legal
ability to make that sum available for support and maintenance.
(b) Notwithstanding subdivision (a) above, an applicant or
recipient may retain the following:
(1) Personal or real property owned by him or her, or in
combination with any other person, without reference to its value, if
it serves to provide the applicant or recipient with a home. If the
basic home is a unit in a multiple dwelling, then only that unit
shall be exempt.
For the purposes of paragraph (1), if an applicant has entered
into a marital separation for the purpose of trial or legal
separation or dissolution, real property which was the usual home of
the applicant shall be exempt for three months following the end of
the month in which aid begins. If the recipient was receiving aid
when the marital separation occurred, the period of exemption shall
be three months following the end of the month in which the
separation occurs. To remain exempt following this three-month
period, the home must be occupied by the recipient, or be unavailable
for use, control, and possession due to legal proceedings affecting
a property settlement or sale of the property.
(2) Personal property consisting of one automobile with maximum
equity value as permitted by federal law.
(3)
(2) In addition to the foregoing, the director may at
his or her discretion, and to the extent permitted by federal law,
exempt other items of personal property not exempted under this
section.
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.
