BILL NUMBER: SB 672 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Leno
FEBRUARY 22, 2013
An act to add Section 18901.1 to the Welfare and Institutions
Code, relating to CalFresh.
LEGISLATIVE COUNSEL'S DIGEST
SB 672, as introduced, Leno. CalFresh: eligibility: guidelines.
Existing federal law provides for the federal Supplemental
Nutrition Assistance Program (SNAP), under which nutrition assistance
benefits are allocated to each state by the federal government.
Under existing state law, the CalFresh program, California's federal
allocation is distributed to eligible individuals by each county.
Existing law requires that the eligibility of households be
determined to the extent permitted by federal law, and requires the
State Department of Social Services to establish a program of
categorical eligibility for CalFresh in accordance with federal law.
Existing law requires each county welfare department to carry out the
local administrative responsibilities of this program, subject to
the supervision of the department and to rules and regulations
adopted by the department.
This bill would require the department to issue guidance to
simplify the verification of earned income and dependent care for
purposes of verifying deductions necessary to determine eligibility
for or the benefit level of CalFresh, to the extent permitted by
federal law. The bill would require that the guidance include certain
requirements, including that a county that uses an electronic
database for earned income verification is required to inform
applicants and recipients of their right to request a copy of their
electronic employment and wage data maintained in the database and to
correct errors in the database, as specified. By requiring the
department to issue guidance that would impose new duties on counties
that administer CalFresh, 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. It is the intent of the Legislature to support an
increase in CalFresh benefits for low-income working families by
using state options, including the option provided in Section 273.2
of Title 7 of the Code of Federal Regulations, to increase
eligibility for families with earnings and income of up to 200
percent of the federal poverty line and to simplify verification of
dependent care and wages.
SEC. 2. Section 18901.1 is added to the Welfare and Institutions
Code, to read:
18901.1. The department shall issue guidance to simplify the
verification of earned income and dependent care for purposes of
verifying deductions necessary to determine eligibility for, or the
benefit level of, CalFresh, to the extent permitted by federal law.
The guidance shall require all of the following:
(a) Dependent care expenses shall be considered verified upon
receipt of a statement of monthly expenses that includes the federal
taxpayer identification number of the dependent care provider or
other form of verification allowed by federal law.
(b) Cash payment of wages shall be considered verified upon
receipt of a statement by the employee.
(c) If a county uses an electronic database for earned income
verification to determine eligibility, the county shall do both of
the following:
(1) Use the electronic data to verify income instead of requiring
paper verification at the time of application or reapplication for
benefits.
(2) Inform applicants and recipients of their right to request a
copy of their electronic employment and wage data maintained in the
database and to correct errors in the database. This notice shall be
provided when the information in the database is used to determine
eligibility or benefit level or to verify income at any time.
SEC. 3. 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.