Amended in Senate May 28, 2013

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 ofbegin delete earned income andend delete dependent carebegin delete for purposes of verifyingend deletebegin insert expenseend insert deductions necessary to determine eligibility for, or the benefit level of, CalFresh, to the extent permitted by federal law.begin delete The bill would require that the guidance include certain requirements, including that a county that uses an electronic database for earned income verification inform applicants and recipients of their right, if any, 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.end deletebegin insert The bill would require that the guidance establish that dependent care expenses shall be considered verified upon receipt of a self-certified statement of monthly expenses, unless federal law requires, or the county human services agency requests, additional documentation, as specified.end insert

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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.

end delete
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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.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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 families by simplifying the verification of dependent care begin delete and
6wages. It is also the intent of the Legislature to educate applicants
7for and recipients of CalFresh of their rights to receive a report
8and to correct errors in a report issued by a federally regulated
9reporting agency when the services of that agency are purchased
10by the state or a county human services agency to determine
11eligibility or benefit level for CalFreshend delete
begin insert expensesend insert.

12

SEC. 2.  

Section 18901.1 is added to the Welfare and
13Institutions Code
, to read:

14

18901.1.  

begin insert(a)end insertbegin insertend insert The department shall issue guidance to simplify
15the verification ofbegin delete earned income andend delete dependent carebegin delete for purposes
16of verifyingend delete
begin insert expenseend insert deductions necessary to determine eligibility
17for, or the benefit level of, CalFresh, to the extent permitted by
18federal law. The guidance shallbegin delete require all of the following:end delete

P3    1begin delete(a)end deletebegin deleteend deletebegin deleteDependent end deletebegin insertestablish that dependenend insertbegin insertt end insertcare expenses shall be
2considered verified upon receipt of abegin insert self-certifiedend insert statement of
3monthly expensesbegin delete that includes the federal taxpayer identification
4number of the dependent care provider or other form of verification
5allowed by federal lawend delete
begin insert, unless federal law or guidance requires
6additional documentationend insert
.

begin insert

7(b) This section shall not preclude the county human services
8agency from requesting additional documentation to verify a
9dependent care expense deduction if the verification received is
10questionable.

end insert
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11(b) If a county uses an electronic database for earned income
12verification to determine eligibility, the county shall do both of
13the following:

14(1) Use the electronic data to verify income instead of requiring
15paper verification at the time of application or reapplication for
16benefits.

17(2) Inform applicants and recipients of their right, if any, to
18request a copy of their electronic employment and wage data
19maintained in the database and to correct errors in the database.
20This notice shall be provided when the information in the database
21is used to determine eligibility or benefit level or to verify income
22at any time.

end delete
begin delete
23

SEC. 3.  

If the Commission on State Mandates determines that
24this act contains costs mandated by the state, reimbursement to
25local agencies and school districts for those costs shall be made
26pursuant to Part 7 (commencing with Section 17500) of Division
274 of Title 2 of the Government Code.

end delete


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