Bill Text: CA SB141 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: In-home supportive services: provider timesheets.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2009-07-06 - Read second time. Amended. Re-referred to Com. on APPR. [SB141 Detail]

Download: California-2009-SB141-Amended.html

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BILL NUMBER: SB 141	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senator Maldonado

                        FEBRUARY 11, 2009

    An act to amend and repeal Section 11257 of the Welfare
and Institutions Code, relating to CalWORKs.   An act to
add Section 12301.25 to the Welfare and Institutions Code, relating
to public social services. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 141, as amended, Maldonado.  CalWORKs: property
requirements.   In-home supportive services: provider
timesheets.  
   Existing law provides for the county-administered In-Home
Supportive Services (IHSS) program, under which qualified aged,
blind, and disabled persons are provided with services in order to
permit them to remain in their own homes and avoid
institutionalization. Existing law permits services to be provided
under the IHSS program either through the employment of individual
providers, a contract between the county and an entity for the
provision of services, the creation by the county of a public
authority, or a contract between the county and a nonprofit
consortium.  
   Under existing law, the State Department of Social Services is
required, in consultation and coordination with county welfare
departments, to establish and implement statewide hourly task
guidelines and instructions to provide counties with a standard tool
for consistently and accurately assessing service needs and
authorizing service hours to meet those needs.  
   This bill would require the standardized provider timesheet used
to track the work performed by providers of services under this
chapter to contain a legal verification to be signed by the provider
and recipient verifying under penalty of perjury that the information
provided in the timesheet is true and correct. By changing the
definition of the crime of perjury, this bill would impose a
state-mandated local 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 no reimbursement is required by this
act for a specified reason.  
   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
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 12301.25 is added to the 
 Welfare and Institutions Code   , to read:  
   12301.25.  Notwithstanding any other provision of law, the
standardized provider timesheet used to track the work performed by
providers of services under this article shall contain a legal
verification to be signed by the provider and recipient, verifying
under penalty of perjury that the information provided in the
timesheet is true and correct. 
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  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 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.