Amended in Assembly August 5, 2013

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 of dependent care expense deductions necessary to determine eligibility for, or the benefit level of, CalFreshbegin delete, to the extent permitted by federal lawend delete. The bill would require that the guidance establish that dependent care expenses shall be considered verified upon receipt of a self-certified statement of monthlybegin insert dependent careend insert expenses, unless federal law requires, or the county human services agency requests, additional documentation, as specified.begin insert The bill would authorize the department to implement these provisions by all-county letters or similar instructions until regulations are adopted, and would require the department to adopt regulations on or before January 1, 2015.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

It is the intent of the Legislature to support an
2increase in CalFresh benefits for low-income working familiesbegin delete 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 familiesend delete
by simplifying the verification ofbegin insert theirend insert dependent care
6expenses.

7

SEC. 2.  

Section 18901.1 is added to the Welfare and
8Institutions Code
, to read:

9

18901.1.  

(a) The department shall issue guidance to simplify
10the verification of dependent care expense deductions necessary
11to determinebegin insert a household’send insert eligibility for, or the benefit level of,
12CalFreshbegin delete, to the extent permitted by federal lawend delete. The guidance
13shall establish that dependent care expenses shall be considered
14verified upon receipt of a self-certified statement of monthly
15begin insert dependent careend insert expenses, unless federal law or guidance requires
16additional documentation.

17(b) This section shall not preclude the county human services
18agency from requesting additional documentation to verify a
19dependent care expense deduction if the verification received is
20questionable.

begin insert

21(c) Notwithstanding the rulemaking provisions of the
22Administrative Procedure Act (Chapter 3.5 (commencing with
23Section 11340) of Part 1 of Division 3 of Title 2 of the Government
24Code), until regulations are adopted, the department may
25implement this section through all-county letters or similar
26instructions. The department shall adopt regulations implementing
27this section on or before January 1, 2015.

end insert


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