Bill Text: CA AB310 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: State Department of State Hospitals: civil service psychiatrists.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2024-09-14 - Chaptered by Secretary of State - Chapter 231, Statutes of 2024. [AB310 Detail]

Download: California-2023-AB310-Amended.html

Amended  IN  Senate  June 06, 2024
Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 310


Introduced by Assembly Member Arambula

January 26, 2023


An act to amend Sections 11205, 11207, 11209, 11250, 11253.5, 11270, 11320.1, 11320.3, 11320.15, 11321, 11322.6, 11322.7, 11323.2, 11325.2, 11325.21, 11325.23, 11325.24, 11325.8, 11327.4, 11327.5, 11327.9, and 11333.7, of, to amend the heading of Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of, to add Section 11320.01, to repeal Sections 11201, 11211, 11265.8, 11322.65, 11322.67, 11322.8, 11322.83, 11322.85, 11325.22, 11325.6, 11326, 11351.5, and 11353 of, and to repeal and add Section 11320.31 of, the Welfare and Institutions Code, relating to CalWORKs. An act to add and repeal Section 4148 of the Welfare and Institutions Code, relating to the State Department of State Hospitals.


LEGISLATIVE COUNSEL'S DIGEST


AB 310, as amended, Arambula. CalWORKs. State Department of State Hospitals: civil service psychiatrists.
Existing law establishes the State Department of State Hospitals within the California Health and Human Services Agency and provides the department with jurisdiction over specified facilities for the care and treatment of persons with mental health disorders.
This bill would require, on or before January 31, 2026, the State Department of State Hospitals to submit a report to the Senate Committee on Budget and the Assembly Committee on Budget providing amounts expended during the 2025–26 fiscal year, pursuant to Article 10.15 of the Bargaining Unit 16 Memorandum of Understanding between the State of California and the Union of American Physicians and Dentists, as specified. The bill would repeal this provision as of January 31, 2030.

Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Existing law imposes various eligibility requirements for the CalWORKs program, including that a child is deprived of parental support or care, a child has received all age-appropriate immunizations, and specified applicants or recipients who are apparently eligible for unemployment insurance shall meet the conditions of eligibility for and accept any unemployment insurance benefits for which they are eligible.

This bill would, among other things, repeal the parental deprivation and immunization requirements, and would instead only require that those specified applicants and recipients whom the county has evidence that they are eligible for unemployment insurance to apply for, but not meet the conditions of, unemployment insurance benefits. By expanding eligibility for the CalWORKs program, the bill would impose a state-mandated local program.

Existing law generally requires a recipient of CalWORKs benefits to participate in welfare-to-work activities as a condition of eligibility for aid, except if they are exempt or excused from participation for good cause. Existing law requires a participant to enter into a written welfare-to-work plan with the county, and specifies the work activities that may be included in a participant’s plan, including mental health, substance abuse, and domestic violence services that are necessary to obtain and retain employment. Existing law also requires participants to participate in job search activities for a period of up to 4 consecutive weeks, as specified.

This bill would, among other things, revise and recast the welfare-to-work program, by renaming it as the family assistance program, repealing the provision that makes participation in work activities a condition of eligibility for CalWORKs aid, and instead requiring that every recipient be provided with an opportunity to participate in family assistance activities. The bill would expand the list of work activities by including home visiting services and financial literacy classes and coaching that are necessary to obtain and retain employment or improve family or financial well-being, activities that develop and enhance workplace skills, and activities that build foundations for employment, as specified. The bill would repeal the job search requirements. The bill would require a county to provide the participant with a plan form within 60 days after the date that a participant’s eligibility for aid is determined or the date the participant chooses to participate in work activities wherein the recipient may select the activities and the number of hours they want to participate in, including any and all available support services. By increasing the duties of counties administering the CalWORKs program, the bill would impose a state-mandated local program.

Under existing law, when an individual fails or refuses to comply with specified components of the CalWORKs program without good cause, and conciliation efforts have failed, the individual is subject to a financial sanction that requires the family’s grant to be reduced by removing the noncomplying family member from the assistance unit. Existing law prohibits sanctions from being applied for a failure or refusal to comply with program requirements if, among other reasons, the employment, offer of employment, activity, or other training, or for employment discriminates on specified bases or involves conditions that are in violation of applicable health and safety standards, among other things.

This bill would instead subject an individual to financial sanctions when they have refused to participate without good cause, and would define “refused” to mean the recipient is physically, mentally, or emotionally able to participate in work activities, but clearly demonstrates that they will not participate. The bill would require the county to reach out to the recipient to inform them of possible sanctions and to provide a notice of action if they continue to refuse to participate, as specified. The bill would change the sanction imposed to a reduction in the family’s grant by reducing the noncomplying family member’s portion of the grant by 1% until the sanctioned individual indicates that they are willing to participate in any work activity. The bill would instead prohibit sanctions from being applied for a refusal to participate in work activities when the recipient states that there are physical, mental, emotional, other family circumstances, or labor law bases that cause them to not participate, and would require the county to instead offer referrals to barrier-removing services. By increasing the duties of counties administering 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 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.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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


SECTION 1.

 Section 4148 is added to the Welfare and Institutions Code, to read:

4148.
 (a) On or before January 31, 2026, the State Department of State Hospitals shall submit a report to the Senate Committee on Budget and the Assembly Committee on Budget providing amounts expended during the 2025–26 fiscal year, pursuant to Article 10.15 of the Bargaining Unit 16 Memorandum of Understanding between the State of California and the Union of American Physicians and Dentists, related to the following:
(1) The amount budgeted for civil service psychiatrists.
(2) The amount expended for civil service psychiatrists.
(3) The amount expended on civil service psychiatrists working additional caseload.
(4) The number of civil service psychiatrists who participated in working additional caseload.
(5) The amount expended on contract psychiatrists.
(b) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 31, 2030.

feedback