SB 297,
as amended, McGuire. begin deletePublic benefits: eligibility determinations. end deletebegin insertMedical marijuana.end insert
Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, authorizes the use and cultivation of marijuana for medical purposes. Existing law makes it a crime to plant, cultivate, harvest, dry, or process marijuana, except as otherwise authorized by law. Under existing law, qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate in order collectively and cooperatively to cultivate marijuana for medical purposes, are not subject to criminal sanctions solely on the basis of that fact.
end insertbegin insertThis bill would state that it is the intent of the Legislature to enact legislation that imposes an excise tax on medical marijuana at the point of sale.
end insert(1) Existing law provides for financial and food assistance benefits to needy Californians including, among other programs, the California Work Opportunity and Responsibility to Kids (CalWORKs) program and CalFresh, under which each county provides for financial and food assistance benefits to qualified individuals who meet specified eligibility criteria.
end deleteThis bill would require the State Department of Social Services to develop and make available to the Statewide Automated Welfare System an electronic verification process that allows county human services agency eligibility workers to, at their option, access data available electronically from public and private agencies and programs for use in connection with the determination of eligibility for specified means-tested public benefit programs.
end delete(2) Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, formerly the Food Stamp Program, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, county human services agencies administer CalFresh.
end deleteExisting law requires each county human services agency, to the extent permitted by federal law, to exempt a household from complying with face-to-face interview requirements at initial application and recertification, and authorizes a person eligible for an exemption from the face-to-face interview requirement to request a face-to-face interview to establish initial eligibility or comply with recertification requirements.
end deleteThis bill would instead require a county human services agency to conduct a telephone interview for purposes of determining eligibility at initial application and recertification, except as provided, and would require a county human services agency to facilitate submission of required documents using electronic and telephone technologies to the greatest extent possible. The bill would also expand the circumstances under which a face-to-face interview is required, and would authorize an electronic interview to be conducted if the county human services agency and the applicant or recipient both have the capacity to participate in an electronic interview. The bill would require the department to issue guidance for recording and storing electronic and telephonic signatures. By increasing the duties of county human services agencies administering CalFresh, this bill would impose a state-mandated local program.
end deleteThe bill would require the State Department of Social Services to coordinate with county human services agencies to make available a standard technological solution that has the capacity to store telephonic and electronic signatures, as specified.
end delete(3) 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 deleteThis 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.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteyes end deletebegin insertnoend insert.
State-mandated local program: begin deleteyes end deletebegin insertnoend insert.
The people of the State of California do enact as follows:
begin insertIt is the intent of the Legislature to enact
2legislation that imposes an excise tax on medical marijuana at the
3point of sale.end insert
Section 10508 is added to the Welfare and
5Institutions Code, to read:
(a) In order to ensure timely and accurate decisions on
7applications for means-tested public benefit programs under this
8division, the department shall develop and make available to the
9Statewide Automated Welfare System established pursuant to
10Section 10823, an electronic verification
process that allows county
11human services agency eligibility workers to, at their option, access
12data available electronically from appropriate public and private
13agencies and programs for use in connection with the determination
14of eligibility for means-tested public benefit
programs under this
15division. In developing this electronic verification process, the
16department shall consult with county human services agencies,
17eligibility workers, representatives of the Statewide Automated
18Welfare System, and client advocates. It is the intent of the
19Legislature that the electronic verification process be utilized to
20the greatest extent possible prior to requesting verification of data
21elements from an applicant or recipient.
22(b) The
electronic verification
process identified in subdivision
23(a) shall be completed no later than the expiration of the federal
24waiver for Office of Management and Budget Circular A-87, which
25requires states to evenly allocate the development costs for systems
26that are federally funded.
27(c) (1) If the electronic verification process developed pursuant
28to subdivision (a) includes information obtained from an agency
P4 1that is subject to the requirements of either the federal Fair Credit
2Reporting Act (15 U.S.C. Sec. 1681 et seq.) or the Consumer Credit
3Reporting Agencies Act (Title 1.6 (commencing with Section
41785.1) of Part 4 of
Division 3 of the Civil Code), the department
5shall report to the Legislature regarding the ways in which the
6electronic verification process guarantees the rights established
7under these laws to protect individuals from negative actions
8resulting from incorrect information.
9(2) A report submitted pursuant to this subdivision shall be
10submitted in compliance with Section 9795 of the Government
11Code.
Section 18901.10 of the Welfare and Institutions Code
13 is amended to read:
(a) To the extent permitted by federal law, and
15except as provided in paragraphs (1) and (2), each county human
16services agency shall
conduct a telephone interview for purposes
17of determining eligibility at initial application and
recertification
18and shall facilitate submission of required documents using
19electronic and telephone technologies to the greatest extent
20possible.
21(1) A face-to-face interview shall be conducted if any of the
22following occur:
23(A) A face-to-face interview is requested by the applicant,
24recipient, or authorized representative.
25(B) On a case-by-case basis, a face-to-face interview is deemed
26necessary by the county to clarify a condition of eligibility.
27(C) A face-to-face interview is required in order to make timely
28and reasonable accommodations to serve a household with a person
29who has a disability, is advanced in age, or is homeless. For
30purposes of this subparagraph, the face-to-face interview shall be
31conducted in a mutually acceptable location.
32(2) An electronic interview may be conducted in place of a
33telephone or face-to-face interview if the county human services
34agency and the applicant or recipient both have the capacity to
35participate in an electronic interview.
36(3) A face-to-face, telephone, or electronic interview shall be
37conducted by a county human services agency
eligibility worker.
38(b) (1) In order to facilitate submission of required information
39by applicants and recipients, the department shall issue guidance
P5 1for recording and the storing of electronic and telephonic
2signatures.
3(2) The department shall coordinate with county human services
4agencies to make available a standard technological solution that
5has the capacity to store telephonic and electronic signatures. The
6department shall, in
identifying this solution, work with county
7human services agencies, client advocates, the Statewide
8Automated Welfare System, and the Office of Systems Integration
9to ensure maximum compatibility with the Statewide Automated
10Welfare System
and to provide that the telephonic and electronic
11signatures will be stored within the Statewide Automated Welfare
12System, as appropriate.
13(3) A county shall not be required to use
the solution identified
14pursuant to paragraph (2) if the county is complying with the
15guidance established by the department pursuant to paragraph (1).
16It is the intent of the Legislature that this section ensure that
17applicants and recipients in all counties have the ability to utilize
18telephonic and electronic signatures.
19(c) The state shall not, nor shall any county, allow an eligibility
20interview to be conducted by anyone other than a county human
21services agency
eligibility worker.
If the Commission on State Mandates determines that
23this act contains costs mandated by the state, reimbursement to
24local agencies and school districts for those costs shall be made
25pursuant to Part 7 (commencing with Section 17500) of Division
264 of Title 2 of the Government Code.
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