BILL NUMBER: AB 1614 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Stone
FEBRUARY 6, 2014
An act to amend Section 123302 of the Health and Safety Code, and
to amend Section 10072 of, and to add Section 10072.3 to, the Welfare
and Institutions Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1614, as introduced, Stone. Electronic benefits transfer cards.
(1) Existing law provides for financial and food assistance
benefits to needy Californians including, among other programs, the
California Work Opportunity and Responsibility to Kids (CalWORKs)
program and CalFresh, under which each county provides for financial
and food assistance benefits to qualified individuals who meet
specified eligibility criteria.
Existing law, administered by the State Department of Social
Services, provides for the establishment of a statewide electronic
benefits transfer (EBT) system for the purpose of providing those
financial and food assistance benefits. Existing law authorizes a
county to deliver CalFresh benefits and, upon election by the county,
CalWORKs benefits through the use of an EBT system. Existing law
requires, among other things, that the system have a 24-hour per day
toll-free telephone hotline for the reporting of lost or stolen cards
that will provide recipients with information on how to have the
card and personal identification card number replaced.
This bill would require the 24-hour toll-free telephone hotline to
provide recipients, at no additional cost, the above-described
information and access to a complete transaction history detail for
use by the recipient for financial management and dispute resolution.
This bill would require the system to have an Internet Web site for
the reporting of lost or stolen cards, as specified.
This bill would also require, no later than January 1, 2016, that
the EBT system be designed to inform recipients that access to
electronic benefits is temporarily unavailable if the system does not
function or is expected not to function for more than a one-hour
period between 6:00 a.m. and midnight during any 24-hour period.
(2) Existing law, except as specified, authorizes a recipient to
be charged a fee, not to exceed the amount allowable by applicable
state and federal law and customarily charged to other customers, for
cash withdrawal transactions that exceed 4 per month.
This bill would require the EBT system to be designed to ensure
that recipients of benefits under the CalWORKs program have access to
using or withdrawing benefits with minimal fees or charges,
including an opportunity to access benefits with no fee or charges.
This bill would also create the Electronic Benefits Transfer System
Consumer Access Fund for the receipt of moneys collected by the
department for the contractual violations of EBT system vendors or
subcontractors. The bill would allocate moneys in this fund, upon
appropriation by the Legislature, to the department for a specified
purpose.
(3) Existing law requires that EBT system consumers be informed
regarding how to use the EBT card and how to protect the card from
misuse.
This bill would also require a consumer to be informed of where
they can use their EBT cards to withdraw benefits without incurring a
fee, charge, or surcharge. This bill would also require the county
to inform an applicant for benefits under the CalWORKs program of,
among other things, the methods of electronic delivery of benefits
available and any applicable fees, charges, or surcharges associated
with each method of electronic delivery.
This bill would also make a conforming change.
By increasing the duties of counties in administering public
social services programs, 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 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 123302 of the Health and Safety Code is amended
to read:
123302. (a) (1) Notwithstanding any other provision of
law, the department may design, implement, and fund an
electronic benefits transfer (EBT) system for the California Special
Supplemental Food Program for Women, Infants, and Children. Sections
10066, 10067, and 10068 of, and subdivision (j)
(l) of Section 10072 of, the Welfare and Institutions
Code, shall apply to the administration of this section.
(2) The department may shall not
implement any EBT system authorized by this section until the
department completes a feasibility study, and funding for the system
is provided in the annual Budget Act.
(b) The department shall seek the advice of the Electronic
Benefits Transfer Committee, created by Section 10067 of the Welfare
and Institutions Code, in implementing this section, and shall obtain
the approval of the United States Department of Agriculture, which
is the federal governing agency, prior to the establishment of any
EBT system.
(c) The department shall develop a plan to determine the
feasibility of implementing an EBT system for the California Special
Supplemental Food Program for Women, Infants, and Children by January
1, 2003, and shall report its findings to the Legislature by July 1,
2003.
SEC. 2. Section 10072 of the Welfare and Institutions Code is
amended to read:
10072. The electronic benefits transfer system required by this
chapter shall be designed to do, but not be limited to, all of the
following:
(a) To the extent permitted by federal law and the rules of the
program providing the benefits, recipients who are required to
receive their benefits using an electronic benefits transfer system
shall be permitted to gain access to the benefits in any part of the
state where electronic benefits transfers are accepted. All
electronic benefits transfer systems in this state shall be designed
to allow recipients to gain access to their benefits by using every
other electronic benefits transfer system.
(b) To the maximum extent feasible, electronic benefits transfer
systems shall be designed to be compatible with the electronic
benefits transfer systems in other states.
(c) All reasonable measures shall be taken in order to ensure that
recipients have access to electronically issued benefits through
systems such as automated teller machines, point-of-sale devices, or
other devices that accept electronic benefits transfer transactions.
Benefits provided under Chapter 2 (commencing with Section 11200) of
Part 3 shall be staggered over a period of three calendar days,
unless a county requests a waiver from the department and the waiver
is approved, or in cases of hardship pursuant to subdivision
(l) (o) .
(d) The system shall provide for reasonable access to benefits to
recipients who demonstrate an inability to use an electronic benefits
transfer card or other aspect of the system because of disability,
language, lack of access, or other barrier. These alternative methods
shall conform to the requirements of the Americans with Disabilities
Act (42 U.S.C. Sec. 12101, et seq.), including reasonable
accommodations for recipients who, because of physical or mental
disabilities, are unable to operate or otherwise make effective use
of the electronic benefits transfer system.
(e) The system shall permit a recipient the option to choose a
personal identification number, also known as a "PIN" number, to
assist the recipient to remember his or her number in order to allow
access to benefits. Whenever an institution, authorized
representative, or other third party not part of the recipient
household or assistance unit has been issued an electronic benefits
transfer card, either in lieu of, or in addition to, the recipient,
the third party shall have a separate card and personal
identification number. At the option of the recipient, he or she may
designate whether restrictions apply to the third party's access to
the recipient's benefits. At the option of the recipient head of
household or assistance unit, the county shall provide one electronic
benefits transfer card to each adult member to enable them to access
benefits.
(f) The system shall have a 24-hour per day toll-free telephone
hotline for the reporting of lost or stolen cards and
that will provide recipients , at no additional cost
to the recipient, with information on how to have the card and
personal identification number replaced , and with
access to a complete transaction history detail for use by the
recipient for financial management and dispute resolution .
(g) The system shall have an Internet Web site for the reporting
of lost or stolen cards that will provide recipients, at no
additional cost to the recipient, with information on how to have the
card and personal identification number replaced, and with access to
a complete transaction history detail for use by the recipient for
financial management and dispute resolution.
(g)
(h) (1) A recipient shall not incur any loss of
electronic benefits after reporting that his or her electronic
benefits transfer card or personal identification number has been
lost or stolen. The system shall provide for the prompt replacement
of lost or stolen electronic benefits transfer cards and personal
identification numbers. Electronic benefits for which the case was
determined eligible and that were not withdrawn by transactions using
an authorized personal identification number for the account shall
also be promptly replaced.
(2) A recipient shall not incur any loss of cash benefits that are
taken by an unauthorized withdrawal, removal, or use of benefits
that does not occur by the use of a physical EBT card issued to the
recipient or authorized third party to directly access the benefits.
Benefits taken as described in this paragraph shall be promptly
replaced in accordance with the protocol established by the
department pursuant to paragraph (3).
(3) The State Department of Social Services shall establish a
protocol for recipients to report electronic theft of cash benefits
that minimizes the burden on recipients, ensures prompt replacement
of benefits in order to minimize the harm to recipients, and ensures
program integrity. This protocol may include the automatic
replacement of benefits without the need for recipient reporting and
verification.
(h)
(i) Electronic benefits transfer system consumers shall
be informed on how to use electronic benefits transfer cards
and , how to protect them
their cards from misuse , and where
consumers can use their cards to withdraw benefits without incurring
a fee, charge, or surcharge .
(j) No later than January 1, 2016, the electronic benefits
transfer system shall be designed to inform recipients, by telephone
and at no additional cost to the recipient, that access to electronic
benefits is temporarily unavailable if the electronic benefits
transfer system does not function or is expected not to function for
more than a one-hour period between 6:00 a.m. and midnight during any
24-hour period. This communication shall be made in the recipient's
preferred language if the electronic benefits transfer system vendor
contract provides for services in that language.
(i)
(k) Procedures shall be developed for error resolution.
(j)
(l) No fee shall be charged by the state, a county, or
an electronic benefits processor certified by the state to retailers
participating in the electronic benefits transfer system.
(k)
(m) Except for CalFresh transactions, a recipient may
be charged a fee, not to exceed the amount allowed by applicable
state and federal law and customarily charged to other customers, for
cash withdrawal transactions that exceed four per month.
(n) The electronic benefits transfer system shall be designed to
ensure that recipients of benefits under Chapter 2 (commencing with
Section 11200) of Part 3 have access to using or withdrawing benefits
with minimal fees or charges, including an opportunity to access
benefits with no fee or charges.
(l)
(o) A county shall exempt an individual from the
three-day staggering requirement under subdivision (c) on a
case-by-case basis for hardship. Hardship includes, but is not
limited to, the incurrence of late charges on an individual's housing
payments.
(p) A county shall inform an applicant for benefits under Chapter
2 (commencing with Section 11200) of Part 3 of all of the following:
(1) The methods of electronic delivery of benefits available,
including distribution of benefits through the electronic benefits
transfer system or direct deposit pursuant to Section 11006.2, the
applicable fees, charges, or surcharges associated with each method
of electronic delivery, consumer and privacy protections, protections
from garnishment, and liability for theft.
(2) That a recipient may authorize any available method of
electronic delivery of benefits and instructions regarding how the
recipient may select or change his or her preferred method of
electronic delivery of benefits and that the recipient shall be given
the opportunity to select the method prior to the first payment.
(3) That a recipient may be entitled to an alternative method of
delivery if the recipient demonstrates an inability to use an
electronic benefits transfer card or other aspect of the system
because of disability, language, lack of access, or other barrier
pursuant to subdivision (d) and instructions regarding how to
determine whether the recipient qualifies for an alterative method of
delivery.
(4) That a recipient may be entitled to an exemption from the
three-day staggering requirement under subdivision (c) on a
case-by-case basis for hardship pursuant to subdivision (o) and
instructions regarding how to determine whether the recipient
qualifies for the exemption.
SEC. 3. Section 10072.3 is added to the Welfare and Institutions
Code, to read:
10072.3. (a) There is hereby created in the State Treasury the
Electronic Benefits Transfer System Consumer Access Fund. The fund
shall consist of moneys collected by the State Department of Social
Services for the contractual violations of electronic benefits
transfer system vendors or subcontractors.
(b) Notwithstanding any other law, moneys in the fund, upon
appropriation by the Legislature, shall be allocated to the
department for the purpose of ensuring that recipients of benefits
under Chapter 2 (commencing with Section 11200) of Part 3 have access
to using or withdrawing benefits with minimal fees or charges,
including an opportunity to access benefits with no fee or charges.
SEC. 4. 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.