BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       SB 1232|
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                                   THIRD READING 


          Bill No:  SB 1232
          Author:   Leno (D) 
          Amended:  5/31/16  
          Vote:     21 

           SENATE HUMAN SERVICES COMMITTEE:  4-0, 3/29/16
           AYES:  McGuire, Hancock, Liu, Nguyen
           NO VOTE RECORDED:  Berryhill

           SENATE JUDICIARY COMMITTEE:  6-0, 4/12/16
           AYES:  Jackson, Moorlach, Hertzberg, Leno, Monning, Wieckowski
           NO VOTE RECORDED:  Anderson

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/27/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           SUBJECT:   CalWORKs and CalFresh:  eligibility determinations


          SOURCE:    Western Center on Law and Poverty
          
          DIGEST:  This bill requires a county human services agency that  
          uses information contained in a consumer credit report for the  
          determination of CalFresh or CalWORKs eligibility or benefit  
          level to obtain written authorization from the applicant or  
          recipient prior to obtaining the credit report and to provide  
          the recipient with a specified notice. This bill prohibits  
          county human services agencies from requiring CalFresh or  
          CalWORKs applicants or recipients to provide hard-copy  
          documentation that is duplicative of the information obtained  
          from the credit reporting agency.

          ANALYSIS:  








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          Existing federal law:

          1)Establishes the Fair Consumer Reporting Act (FCRA), which  
            provides procedures for accuracy and fairness of credit  
            reporting.  Among other things, FCRA mandates consumer  
            notification of adverse action taken based on information  
            contained in a consumer credit report and establishes rights  
            for consumers to correct information that is reported  
            incorrectly. (15 U.S.C. Sec. 1681 et seq.)

          2)Establishes the Supplemental Nutrition Assistance Program  
            (SNAP) within the U.S. Department of Agriculture (USDA) to  
            promote the general welfare and to safeguard the health and  
            wellbeing of the nation's population by raising the levels of  
            nutrition among low-income households. It establishes SNAP  
            eligibility requirements, as specified. (7 CFR 271.1; 7 CFR  
            273.9)

          3)Establishes the Temporary Assistance for Needy Families (TANF)  
            program to provide aid and welfare-to-work services to  
            eligible families and, in California, provides that TANF funds  
            for welfare-to-work services are administered through the  
            CalWORKs program. (42 U.S.C. 601 et seq., WIC 11200 et seq.) 

          Existing state law:

          1)Establishes income, asset and real property limits used to  
            determine eligibility for the program based on family size and  
            county of residence. (WIC 11450, 11150 et seq.)

          2)Establishes a 48-month lifetime limit of CalWORKs benefits for  
            eligible adults, including 24 months during which a recipient  
            must meet federal work requirements in order to retain  
            eligibility.  (WIC 11454, 11322.85)

          3)Specifies a weekly number of hours required of welfare-to-work  
            participation for adults to remain eligible for CalWORKs  
            benefits, including for those households with "unemployed  
            parents." (WIC 11322.8)

          4)Establishes in California statute the CalFresh program to  
            administer the provision of federal SNAP benefits to families  
            and individuals meeting specified criteria. (WIC 18900 et  







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            seq.)

          This bill:

          1)Establishes legislative intent to support an increase in  
            CalFresh benefits for low-income working families by  
            simplifying and adding transparency to the verification of  
            wages. It also states legislative intent to educate applicants  
            and recipients of aid of their federal rights to receive a  
            free report and to correct errors in a report issued by  
            federally regulated consumer reporting agencies when the  
            services of those agencies are used by the state or county to  
            determine CalFresh or CalWORKs eligibility or benefit level.

          2)Requires a county human services agency that uses information  
            contained in a consumer credit report for the determination of  
            CalFresh or CalWORKs eligibility or benefit level to do all of  
            the following: 

             a)   Obtain written authorization from an applicant or  
               recipient prior to obtaining the credit report. 

             b)   If the county takes an adverse action against the  
               recipient, provide the recipient with federally mandated  
               notice indicating that the verification or eligibility  
               determination was based, in whole or in part, upon the  
               information contained in the consumer credit report.  
               Defines "adverse action" as determination of ineligibility  
               for CalFresh or CalWORKs or a reduction in benefits or  
               services. 

             c)   Issue the notice in writing and in accordance with the  
               standards for adequate notice established in federal law.

             d)   Make the information available to a recipient who  
               requests a copy of his or her case file or appeals a  
               negative action based in whole or in part on the  
               information the county obtained from the consumer credit  
               report. 

          1)Permits the written authorization and notice required to be  
            provided by electronic means. 

          2)Prohibits a county human services agency that elects to use  







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            information contained in a consumer credit report for the  
            determination of benefit level from requiring the applicant or  
            recipient to submit hard-copy documentation that is  
            duplicative of the information it will verify using the credit  
            report. 

          3)Requires that nothing in the bill precludes the use of other  
            forms of verification or prohibits the county from requesting  
            additional documentation when the county establishes, in  
            writing, that the information it has already received is  
            questionable. 
          
          Background
          
          According to the author, this bill will facilitate eligibility  
          and enrollment in the CalFresh and CalWORKs programs by  
          streamlining the application process. For some families, support  
          programs like CalFresh and CalWORKs can help prevent the  
          indignity of hunger in meeting basic needs.  The author states  
          that low-wage workers face significant barriers to participation  
          in CalFresh program.  Few have paid time off or reliable  
          transportation to get to the county welfare department for the  
          application process. 

          By prohibiting county agencies that use electronic databases to  
          administer the CalFresh and CalWORKs programs from requiring  
          applicants to submit hard copy documentation that is duplicative  
          of information obtained from the database, SB 1232 reduces  
          potential for multiple visits to the county offices, according  
          to the author. SB 1232 also will require notice to recipients  
          about their federal right to receive free employment data  
          reports and to correct inaccurate information in employment and  
          income verification databases.  Additionally, this bill will  
          empower low-income Californians to correct errors in their  
          consumer reports, the author states. 

          The author also states that SB 1232 does not reinforce, require  
          or encourage the use of a particular consumer credit reporting  
          agency database.  This bill does, however, establish that if  
          such a database is used to evaluate an application for CalFresh  
          or CalWORKs benefits, the applicant must also benefit from the  
          information in the database and must be protected under federal  
          consumer law. 








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          CalWORKs

          CalWORKs provides temporary cash assistance to meet basic family  
          needs.  It also provides education, employment and training  
          programs.  The CalWORKs program is funded with a mix of federal  
          TANF money, state, and county funds.  The Department of Social  
          Services (CDSS) is the designated state agency responsible for  
          program supervision at the state level.  The counties are  
          responsible for administering the caseloads at the local level.   


          In order to be eligible for CalWORKs, families must meet income  
          and asset tests, as specified. In addition, children must be  
          deprived of parental support and care due to the incapacity,  
          death or absence of apparent or unemployment of the principal  
          wage-earner.  Persons fleeing to avoid prosecution, custody or  
          confinement after conviction of a felony are not eligible for  
          CalWORKs.

          State law provides for a cumulative 48-month lifetime limit on  
          cash aid for adults.  During those 48 months, adults may receive  
          a total of 24 months of Welfare-to-Work (WTW) services and  
          activities.  WTW activities include subsidized and unsubsidized  
          employment, community service, adult basic education, job  
          skills, training, mental health counseling, substance abuse  
          treatment and other activities necessary to assist recipients in  
          obtaining employment. Once the 24 months of WTW activities have  
          been exhausted, adults must meet the stricter federal work  
          participation requirements (20, 30, or 35 hours weekly,  
          depending on family composition) unless they are exempt or  
          receive an extension. Children of adults who exhaust the  
          48-month lifetime limit may continue to receive cash aid, if  
          otherwise eligible, up to age 18.  

          CalFresh

          CalFresh, California's version of the federal SNAP program  
          provides monthly benefits to assist low-income households in  
          purchasing food or food products intended for human consumption.  
           CDSS administers CalFresh at the state level and California's  
          58 counties are responsible for administering the program at the  
          local level.  CalFresh benefits are 100% federally funded and  
          national eligibility standards and benefit levels are  
          established by the United States Congress. 







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          To qualify for SNAP benefits, some households must meet  
          specified work requirements. SNAP requires all recipients,  
          unless exempted by law, to register for work at the appropriate  
          employment office; participate in an employment and training  
          program, if assigned by a state or local administering agency;  
          and accept an offer of suitable employment. To participate in  
          CalFresh, households must meet certain income-eligibility  
          standards.  


          The average monthly benefit for a CalFresh recipient in federal  
          fiscal year 2016 was $125.78 per month, or $4.19 per day,  
          according to the USDA. CalFresh supplements family food budgets  
          by providing an average of $300 a month per household.

          Employment and Income Verification

          One of the measures for assessing eligibility for CalFresh and  
          CalWORKs is the income and employment history of the applicant.   
          While some counties still require hard copy evidence of work  
          histories (such as paystubs or tax forms), many counties have  
          turned to electronic databases maintained by credit reporting  
          agencies to complete the assessment.  

          On January 13, 2016, CDSS issued an All County Welfare Director  
          Letter to advise the counties of their option to participate in  
          a statewide agreement with a credit reporting agency to provide  
          online employment and wage verification services. Under the  
          agreement, all 58 counties in California can access information  
          in the database from January 1, 2016 through September 30, 2017,  
          at no cost to the counties.  

          On May 12, 2016, CDSS issued All County Letter (ACL) #16-43,  
          which provides additional guidance to the counties regarding the  
          use of a credit reporting agency to determine eligibility for  
          CalWORKs and CalFresh benefits. This ACL contains some, but not  
          all of the provisions in SB 1232, including requiring prior  
          authorization for use of a credit report and prior notice of  
          adverse action.  The ACL requires counties to issue a10-day  
          notice prior to adverse action.  According to the sponsor, past  
          communication from CDSS regarding mandatory reports for adverse  
          actions have been clear regarding the denial of employment or  
          credit, but they do not address denial of public benefits.  SB  







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          1232 provides specificity by defining "adverse action" against a  
          recipient to include determination of ineligibility for CalFresh  
          or CalWORKs benefits or reduction in benefits or services.   
          Additionally, CDSS's ACLs are instructions for the counties, and  
          those instructions are not codified or enforceable.

          Prior Legislation

          SB 672 (Leno, Chapter 568, Statutes of 2013) included a  
          provision similar to what is proposed in SB 1232. While SB 672  
          was enacted, the provision related to streamlining CalFresh  
          enrollment was removed from the bill.  


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          According to the Senate Appropriations Committee: 

          Notification requirements:  Potential minor increase in ongoing  
          county eligibility worker costs (Local Funds/General  
          Fund/Federal Funds) for notification activities, as the  
          Department of Social Services recently issued an all-county  
          letter specifying county notification requirements relative to  
          this issue.
           
           CalWORKs/CalFresh/CFAP benefits and administration:  Potential  
          increase in CalWORKs and CalFresh benefits (Federal Fund/General  
          Fund/Local Funds) to the extent the mandated authorization and  
          notification requirements result in increases in program  
          enrollment and eligibility. While prohibiting counties from  
          requiring hard-copy documentation that is duplicative of  
          information it will verify using the credit report is intended  
          to streamline the eligibility process, to the extent a county  
          must request other forms of verification or documentation due to  
          the prohibition could alternatively delay the eligibility and  
          enrollment process.  


          SUPPORT:   (Verified  5/31/16)


          Western Center on Law and Poverty (source)
          California Alternative Payment Program Association







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          California Association of Food Banks
          California Catholic Conference
          California Food Policy Advocates
          Courage Campaign
          Feeding America San Diego
          Food Bank of Contra Costa and Solano
          National Consumer Law Center
          St. Anthony's Foundation


          OPPOSITION:   (Verified5/31/16)




          None received




           




           
          Prepared by:Taryn Smith / HUMAN S. / (916) 651-1524
          5/31/16 22:23:52


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