BILL NUMBER: SB 141	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Maldonado

                        FEBRUARY 11, 2009

   An act to amend and repeal Section 11257 of the Welfare and
Institutions Code, relating to CalWORKs.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 141, as introduced, Maldonado. CalWORKs: property requirements.

   Existing law provides for the California Work Opportunity and
Responsibility to Kids (CalWORKs) program, under which 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 personal and real
property an individual or family may possess in order to be eligible
for aid under the CalWORKs program.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11257 of the Welfare and Institutions Code, as
amended by Section 28 of Chapter 1022 of the Statutes of 2002, is
amended to read:
   11257.  (a) To the extent not inconsistent with Sections 11265.1,
11265.2, 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) 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. 2.  Section 11257 of the Welfare and Institutions Code, as
amended by Section 1 of Chapter 569 of the Statutes of 1984, is
repealed. 
   11257.  (a) 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) 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.