California 2017-2018 Regular Session Status: Enacted 1 D cosponsors

SB 726 — CalWORKs: benefits overpayment.

Last action — Chaptered by Secretary of State. Chapter 930, Statutes of 2018.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2017. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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 provides for 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 authorizes current and future grants payable to an assistance unit to be reduced due to prior overpayments. Existing law prohibits a county from attempting to recover payments when the outstanding overpayments are less than $35, if the individual is no longer receiving aid under the CalWORKs program. This bill would instead set the limit of the outstanding overpayments at $250, or a higher threshold established by the State Department of Social Services, if the department determines that a higher threshold is more cost effective. The bill would prohibit the department from establishing a lower threshold. The bill would require a county to expunge an overpayment if the county determines that the overpayment has been caused by a major systemic error or negligence. The bill would make conforming changes to related provisions. Existing law requires, if an overpayment has been made to an assistance unit that is no longer receiving public social services, that the recovery be made by an appropriate action under state law against the income or resources of the individual responsible for the overpayment or against the family. This bill would instead provide that, if an overpayment has been made to an assistance unit that is no longer receiving public social services, recovery shall be made by appropriate action under state law and, except in cases involving an investigation into suspected fraud, deem an overpayment uncollectible and expunge that overpayment if the individual responsible for the overpayment has not received aid under CalWORKs for 36 consecutive months or longer. Existing law prohibits the commencement of a civil or criminal action against a person based on alleged unlawful application for or receipt of public social services if the case record of the person has been destroyed after the required retention period. This bill would also prohibit the commencement of the action if the case record or any consumer credit report used in the case has not been made available or has been destroyed, as specified. This bill would authorize the State Department of Social Services to implement these provisions through an all-county letter or similar instruction until emergency regulations are adopted, and would require the department to adopt emergency regulations on or before January 1, 2021, and to adopt final regulations thereafter. This bill would make its provisions operative on July 1, 2019. By increasing the duties of county agencies, 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, 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. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 930, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Assembly amendments concurred in. (Ayes 36. Noes 3. Page 6136.) Ordered to engrossing and enrolling.

  5. From committee: That the Assembly amendments be concurred in. (Ayes 6. Noes 0. Page 6069.)

  6. From committee: Be re-referred to Com. on HUMAN S. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0. Page 6028.) Re-referred to Com. on HUMAN S.

  7. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(d).

  8. In Senate. Concurrence in Assembly amendments pending.

  9. Read third time. Passed. (Ayes 64. Noes 11. Page 6765.) Ordered to the Senate.

  10. Ordered to third reading.

  11. Read third time and amended.

  12. Read second time. Ordered to third reading.

  13. Read second time and amended. Ordered to second reading.

  14. From committee: Do pass as amended. (Ayes 12. Noes 1.) (August 16).

  15. August 8 set for first hearing. Placed on APPR. suspense file.

  16. Read second time and amended. Re-referred to Com. on APPR.

  17. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 26).

  18. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HUM. S.

  19. June 12 hearing postponed by committee.

  20. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HUM. S.

  21. Referred to Com. on HUM. S.

  22. In Assembly. Read first time. Held at Desk.

  23. Read third time. Passed. (Ayes 38. Noes 0. Page 4067.) Ordered to the Assembly.

  24. Read second time. Ordered to third reading.

  25. From committee: Do pass. (Ayes 7. Noes 0. Page 4020.) (January 10).

  26. Set for hearing January 10.

  27. From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

  28. April 26 set for first hearing canceled at the request of author.

  29. Set for hearing April 26.

  30. Re-referred to Com. on GOV. & F.

  31. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  32. Referred to Com. on RLS.

  33. From printer. May be acted upon on or after March 23.

  34. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB726 Wiener Concurrence

Passed 36 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 31301
Democratic 5000
Total 36301
% of votes cast 90%8%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Hill — Yea
Hueso — Yea
Morrell — Nay
Vidak — Yea
Cannella — Yea
Chang — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Delgado — Yea
Hernandez — Yea
Allen — Yea
Mitchell — Yea
Atkins — Yea
Portantino — Yea
Hertzberg — Yea
De León — Yea
Dodd — Yea
Bates — Yea
Bradford — Yea
Lara — Yea
Leyva — Yea
Monning — Yea
Moorlach — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Wieckowski — Yea
Nielsen — Nay
Wilk — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

public-safety healthcare labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 726 do?
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 provides for 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 authorizes current and future grants payable to an assistance unit to be reduced due to prior overpayments. Existing law prohibits a county from attempting to recover payments when the outstanding overpayments are less than $35, if the individual is no longer receiving aid under the CalWORKs program. This bill would instead set the limit of the outstanding overpayments at $250, or a higher threshold established by the State Department of Social Services, if the department determines that a higher threshold is more cost effective. The bill would prohibit the department from establishing a lower threshold. The bill would require a county to expunge an overpayment if the county determines that the overpayment has been caused by a major systemic error or negligence. The bill would make conforming changes to related provisions. Existing law requires, if an overpayment has been made to an assistance unit that is no longer receiving public social services, that the recovery be made by an appropriate action under state law against the income or resources of the individual responsible for the overpayment or against the family. This bill would instead provide that, if an overpayment has been made to an assistance unit that is no longer receiving public social services, recovery shall be made by appropriate action under state law and, except in cases involving an investigation into suspected fraud, deem an overpayment uncollectible and expunge that overpayment if the individual responsible for the overpayment has not received aid under CalWORKs for 36 consecutive months or longer. Existing law prohibits the commencement of a civil or criminal action against a person based on alleged unlawful application for or receipt of public social services if the case record of the person has been destroyed after the required retention period. This bill would also prohibit the commencement of the action if the case record or any consumer credit report used in the case has not been made available or has been destroyed, as specified. This bill would authorize the State Department of Social Services to implement these provisions through an all-county letter or similar instruction until emergency regulations are adopted, and would require the department to adopt emergency regulations on or before January 1, 2021, and to adopt final regulations thereafter. This bill would make its provisions operative on July 1, 2019. By increasing the duties of county agencies, 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, 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. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
Who sponsors SB 726?
SB 726 is sponsored by Wiener, Scott D. (Democratic).
What is the current status of SB 726?
This bill has been enacted into law. Introduced February 17, 2017. Enacted.
Where can I track SB 726?
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