Amended in Senate April 11, 2013

Senate BillNo. 672


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 amended, 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 forbegin insert,end insert or the benefit level ofbegin insert,end insert 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 verificationbegin delete is required toend delete inform applicants and recipients of their rightbegin insert, if any,end insert 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:

P2    1

SECTION 1.  

It is the intent of the Legislature to support an
2increase in CalFresh benefits for low-income working families by
3using state options, including the option provided in Section 273.2
4of Title 7 of the Code of Federal Regulations, to increase eligibility
5for familiesbegin delete with earnings and income of up to 200 percent of the
6federal poverty line and to simplifyend delete
begin insert by simplifying theend insert verification
7of dependent care and wages.begin insert It is also the intent of the Legislature
8to educate applicants for and recipients of CalFresh of their rights
9to receive a report and to correct errors in a report issued by a
10federally regulated reporting agency when the services of that
11agency are purchased by the state or a county human services
12agency to determine eligibility or benefit level for CalFresh.end insert

13

SEC. 2.  

Section 18901.1 is added to the Welfare and
14Institutions Code
, to read:

15

18901.1.  

The department shall issue guidance to simplify the
16verification of earned income and dependent care for purposes of
17verifying deductions necessary to determine eligibility for, or the
18benefit level of, CalFresh, to the extent permitted by federal law.
19The guidance shall require all of the following:

20(a) Dependent care expenses shall be considered verified upon
21receipt of a statement of monthly expenses that includes the federal
22taxpayer identification number of the dependent care provider or
23other form of verification allowed by federal law.

begin delete

P3    1(b) Cash payment of wages shall be considered verified upon
2receipt of a statement by the employee.

end delete
begin delete

3(c)

end delete

4begin insert(b)end insert If a county uses an electronic database for earned income
5verification to determine eligibility, the county shall do both of
6the following:

7(1) Use the electronic data to verify income instead of requiring
8paper verification at the time of application or reapplication for
9benefits.

10(2) Inform applicants and recipients of their rightbegin insert, if any,end insert to
11request a copy of their electronic employment and wage data
12maintained in the database and to correct errors in the database.
13This notice shall be provided when the information in the database
14is used to determine eligibility or benefit level or to verify income
15at any time.

16

SEC. 3.  

If the Commission on State Mandates determines that
17this act contains costs mandated by the state, reimbursement to
18local agencies and school districts for those costs shall be made
19pursuant to Part 7 (commencing with Section 17500) of Division
204 of Title 2 of the Government Code.



O

    98