BILL NUMBER: SB 672 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 28, 2013
AMENDED IN SENATE APRIL 11, 2013
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
expense 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 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. The bill would require that the
guidance establish that dependent care expenses shall be consi
dered 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.
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 no .
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 by simplifying the verification of dependent
care and wages. It is also the intent of the Legislature to
educate applicants for and recipients of CalFresh of their rights to
receive a report and to correct errors in a report issued by a
federally regulated reporting agency when the services of that agency
are purchased by the state or a county human services agency to
determine eligibility or benefit level for CalFresh
expenses .
SEC. 2. Section 18901.1 is added to the Welfare and Institutions
Code, to read:
18901.1. (a) The department shall issue
guidance to simplify the verification of earned income and
dependent care for purposes of verifying
expense 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
establish that dependen t care
expenses shall be considered verified upon receipt of a
self-certified 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
, unless federal law or guidance requires
additional documentation .
(b) This section shall not preclude the county human services
agency from requesting additional documentation to verify a dependent
care expense deduction if the verification received is questionable.
(b) 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, if any, 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.