BILL NUMBER: SB 1074 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Dutton
FEBRUARY 14, 2012
An act to amend Section 10830 of the Welfare and Institutions
Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
SB 1074, as introduced, Dutton. CalFresh eligibility: fingerprint
imaging requirement.
Existing law requires each county to provide cash assistance and
other social services to needy families through the California Work
Opportunity and Responsibility to Kids (CalWORKs) program using
federal Temporary Assistance to Needy Families (TANF) block grant
program, state, and county funds.
Existing federal law provides for the federal Supplemental
Nutrition Assistance Program (SNAP), known in California as CalFresh,
formerly the Food Stamp Program, under which supplemental nutrition
assistance benefits allocated to the state by the federal government
are distributed to eligible individuals by each county.
Existing law requires the State Department of Social Services and
the California Health and Human Services Agency Data Center to
design, implement, and maintain a statewide fingerprint imaging
system for use in connection with the determination of eligibility
for benefits under the CalWORKs program, excluding the Aid to
Families with Dependent Children-Foster Care program.
This bill would extend the fingerprint imaging requirement to
CalFresh. By increasing the duties of counties administering
CalFresh, the 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 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 10830 of the Welfare and Institutions Code, as
amended by Chapter 501 of the Statutes of 2011, is amended to read:
10830. (a) The department and the Health and Welfare Data Center
shall design, implement, and maintain a statewide fingerprint imaging
system for use in connection with the determination of eligibility
for benefits under the California Work Opportunity and Responsibility
to Kids Act (CalWORKs) program under Chapter 2 (commencing with
Section 11200) of Part 3 excluding Aid to Families with Dependent
Children-Foster Care (AFDC-FC) , and CalFresh under Chapter 10
(commencing with Section 18900), of Part 6 .
(b) (1) Every applicant for, or recipient of, aid under Chapter 2
(commencing with Section 11200) of Part 3 ,
excluding the AFDC-FC program , and Chapter 10 (commencing with
Section 18900), of Part 6 , other than dependent children or
persons who are physically unable to be fingerprint imaged, shall, as
a condition of eligibility for assistance, be required to be
fingerprint imaged.
(2) A person subject to paragraph (1) shall not be eligible for
the CalWORKs program or CalFresh until fingerprint images
are provided, except as provided in subdivision (e). Ineligibility
may extend to an entire case of a person who refuses to provide
fingerprint images.
(c) The department may adopt emergency regulations to implement
this section specifying the statewide fingerprint imaging
requirements and exemptions to the requirements in accordance with
the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code). The initial adoption of any emergency regulations implementing
this section, as added during the 1996 portion of the 1995-96
Regular Session, shall be deemed to be an emergency and necessary for
the immediate preservation of the public peace, health and safety,
or general welfare. Emergency regulations adopted pursuant to this
subdivision shall remain in effect for no more than 180 days.
(d) Persons required to be fingerprint imaged pursuant to this
section shall be informed that fingerprint images obtained pursuant
to this section shall be used only for the purpose of verifying
eligibility and preventing multiple enrollments in the CalWORKs
program or CalFresh . The department, county
welfare agencies, and all others shall not use or disclose the data
collected and maintained for any purpose other than the prevention or
prosecution of fraud. Fingerprint imaging information obtained
pursuant to this section shall be confidential under Section 10850.
(e) (1) Except as provided in paragraph (2), the fingerprint
imaging required under this chapter shall be scheduled only during
the application appointment or other regularly scheduled
appointments. No other special appointment shall be required. No
otherwise eligible individual shall be ineligible to receive benefits
under this chapter due to a technical problem occurring in the
fingerprint imaging system or as long as the person consents to and
is available for fingerprint imaging at a mutually agreed-upon time,
not later than 60 days from the initial attempt to complete
fingerprint imaging.
(2) During the first nine months following implementation,
recipients may be scheduled for separate appointments to complete the
fingerprint imaging required by this section. Notice shall be mailed
first class by the department to recipients at least 10 days prior
to the appointment, and shall include procedures for the recipient to
reschedule the scheduled appointment within 30 days.
(f) If the fingerprint image of an applicant or recipient of aid
to which this section applies matches another fingerprint image on
file, the county shall notify the applicant or recipient. In the
event that a match is appealed, the fingerprint image match shall be
verified by a trained individual and any matching case files reviewed
prior to the denial of benefits. Upon confirmation that the
applicant or recipient is receiving or attempting to receive multiple
CalWORKs program checks, a county fraud investigator shall be
notified.
SEC. 2. 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.