Amended in Senate March 28, 2016

Senate BillNo. 1232


Introduced by Senator Leno

February 18, 2016


An act to add Sectionbegin delete 18901.15end deletebegin insert 11023end insert to the Welfare and Institutions Code, relating tobegin delete CalFresh.end deletebegin insert public social services.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1232, as amended, Leno. begin insertCalWORKs and end insertCalFresh: eligibility determinations.

begin insert

Existing federal law provides for the allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families.

end insert

Existing federal law provides for the federal Supplemental Nutrition Assistance Program, 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 human services agency 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 a county human services agency thatbegin delete usesend deletebegin insert elects to useend insert information contained in a consumer credit report for the determination ofbegin insert CalWORKs orend insert CalFresh eligibility or benefit level tobegin insert obtain written authorization from the applicant or recipient prior to obtaining the credit report and toend insert provide the applicant or recipient of benefits with a specified notice indicating that the verification or eligibility determination was based, in whole or in part, upon the information contained in the consumer credit report.begin delete By imposing this duty on counties, this bill would impose a state-mandated local program.end delete

begin delete

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
begin delete

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.

end delete

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
3simplifying and adding transparency to the verification of wages.
4It is also the intent of the Legislature to educate applicants and
5recipients of aid of their federal rights to receive a free report and
6to correct errors in a report issued by federally regulated consumer
7reporting agencies when the services of those agencies are used
8by the state or county to determine CalFreshbegin insert or CalWORKsend insert
9 eligibility or benefit level.

10

SEC. 2.  

Sectionbegin delete 18901.15end deletebegin insert 11023end insert is added to the Welfare and
11Institutions Code
,begin delete end deleteimmediately following Section 18901.1begin delete,end delete to read:

12

begin delete18901.15.end delete
13
begin insert11023.end insert  

(a) If a county human services agencybegin delete usesend deletebegin insert elects to
14useend insert
information contained in a consumer credit report for the
15determination of CalFreshbegin insert or CalWORKsend insert eligibility or benefit
16level, the county shallbegin delete provide the applicant or recipient of benefits
17with the notice required by Section 615 of the federal Fair Credit
P3    1Reporting Act (15 U.S.C. Sec. 1681m), indicating that the
2verification or eligibility determination was based, in whole or in
3part, upon the information contained in the consumer credit report.
4The county shall also do bothend delete
begin insert do allend insert of the following:

begin delete

5(1) Issue the notice before taking any adverse action against the
6applicant or recipient.

end delete
begin insert

7
(1) Obtain written authorization from an applicant or recipient
8prior to obtaining the credit report.

end insert
begin insert

9
(2) Provide the applicant or recipient with the notice required
10by Section 615 of the federal Fair Credit Reporting Act (15 U.S.C.
11Sec. 1681m), indicating that the verification or eligibility
12 determination was based, in whole or in part, upon the information
13contained in the consumer credit report.

end insert
begin delete

14(2)

end delete

15begin insert(3)end insert Issue the noticebegin insert required by paragraph (2)end insert in writing and
16in accordance with the standards established in federal law.

begin insert

17
(4) Issue the notice required by paragraph (2) before taking
18any adverse action against the applicant or recipient.

end insert
begin insert

19
(5) Make the information available to an applicant or recipient
20who requests a copy of his or her case file or appeals a negative
21action based in whole or in part on information the county obtained
22from the consumer credit report.

end insert
begin insert

23
(b) The written authorization and notice required by this section
24may be provided by electronic means.

end insert
begin delete

25(b) The

end delete

26begin insert(c)end insertbegin insertend insertbegin insertIf the county human services agency elects to use information
27contained in a consumer credit report for the determination of
28benefit level, theend insert
county shall not require the applicant or recipient
29to submit hard-copy documentation that is duplicative of the
30informationbegin delete described in subdivision (a) at the time of application,
31midyear reporting, or recertification.end delete
begin insert it will verify using the credit
32report.end insert

begin delete

33(c)

end delete

34begin insert(d)end insert Nothing in this section precludes the use of other forms of
35verification or prohibits the county from requesting additional
36documentation when the county establishes, in writing, that the
37information it has already received is questionable.

begin delete
38

SEC. 3.  

If the Commission on State Mandates determines that
39this act contains costs mandated by the state, reimbursement to
40local agencies and school districts for those costs shall be made
P4    1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.

end delete


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