BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1232


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          Date of Hearing:   June 28, 2016


                        ASSEMBLY COMMITTEE ON HUMAN SERVICES


                                Susan Bonilla, Chair


          SB  
          1232 (Leno) - As Amended May 31, 2016


          SENATE VOTE:  39-0


          SUBJECT:  CalWORKs and CalFresh:  eligibility determinations


          SUMMARY:  Requires counties that use information contained in  
          consumer credit reports to determine eligibility or benefit  
          amounts for CalWORKs or CalFresh to provide certain information  
          to applicants and recipients, as specified, and prohibits  
          counties from requiring applicants or recipients to submit  
          hard-copy documentation that is duplicative of the information  
          verified using the credit report.


          Specifically, this bill:  


          1)States Legislative intent to support an increase in CalFresh  
            benefits for low-income working families by simplifying and  
            adding transparency to the verification of wages and to  
            educate applicants for and recipients of aid about their  
            federal rights related to consumer credit reports, as  
            specified.










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          2)Requires a county to do all of the following if that county's  
            human services agency uses information from consumer credit  
            reports to determine eligibility for, and benefit level of,  
            CalFresh or CalWORKs assistance:


             a)   Receive written authorization from an applicant or  
               recipient before obtaining the credit report; 


             b)   Provide a recipient, in writing and in accordance with  
               federal law as specified, if the county determines that  
               recipient to be ineligible or have benefits or services  
               reduced for CalFresh or CalWORKs, with a federally required  
               notice, as specified, indicating that verification or  
               eligibility determination was based in whole or in part  
               upon the information contained in the consumer credit  
               report; and


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


          3)Specifies that the written authorization and notice required  
            by this bill may be provided through electronic means.


          4)Prohibits a county, if its county human services agency elects  
            to use 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 verified using the credit  
            report.










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          5)States that nothing in this bill shall preclude the use of  
            other forms of verification or prohibit the county from  
            requesting additional documentation when the county  
            establishes, in writing, that the information it has already  
            received is questionable.


          EXISTING LAW:   


          1)Establishes under federal law 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.) 



          2)Establishes income, asset and real property limits used to  
            determine eligibility for the program, including net income  
            below the Maximum Aid Payment (MAP), based on family size and  
            county of residence, which is around 40% of the Federal  
            Poverty Level.  (WIC 11150 to 11160, 11450 et seq.)

          3)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)

          4)Requires all individuals over 16 years of age, unless they are  
            otherwise exempt, to participate in welfare-to-work activities  
            as a condition of eligibility for CalWORKs.  (WIC 11320.3,  
            11322.6)

          5)Establishes the number of weekly hours of welfare-to-work  
            participation necessary to remain eligible for aid, including  
            requirements for an unemployed parent in a two-parent  
            assistance unit, as specified.  (WIC 11322.8)








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          6)Establishes in federal law the Supplemental Nutrition  
            Assistance Program (SNAP), formerly known as the Food Stamp  
            Program, to permit low-income households to obtain a more  
            nutritious diet by increasing food purchasing power for all  
            eligible households.  (7 USC § 2011 et seq.)


          7)Establishes, in state law, the CalFresh program to administer  
            the provision of federal SNAP benefits to low-income families  
            and individuals meeting specified criteria.  (WIC 18900 et  
            seq.)

          8)Describes, in federal law, the duties of users taking adverse  
            actions on the basis of information contained in consumer  
            reports.  (15 U.S.C. § 1681m, 615)
          FISCAL EFFECT:  According to the Senate Appropriations Committee  
          May 27, 2016, analysis, this bill may result in the following  
          costs:


          1)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.





          2)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  








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            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.  



          COMMENTS:  


          CalWORKs:  The CalWORKs program provides monthly income  
          assistance and employment-related services aimed at moving  
          children out of poverty and helping families meet basic needs.   
          Federal funding for CalWORKs comes from the TANF block grant.   
          The average 2016-17 monthly cash grant for a family of three on  
          CalWORKs (one parent and two children) is $497.35, and the  
          maximum monthly grant amount for a family of three, if the  
          family has no other income and lives in a high-cost county, is  
          $704.  According to recent data from the California Department  
          of Social Services (DSS), around 497,000 families rely on  
          CalWORKs, including over one million children.  Nearly 60% of  
          cases include children under 6 years old.

          Maximum grant amounts in high-cost counties of $704 per month  
          for a family of three, with no other income, means $23.46 per  
          day, per family, or $7.82 per family member, per day to meet  
          basic needs, including rent, clothing, utility bills, food, and  
          anything else a family needs to ensure children can be cared for  
          at home and safely remain with their families.  This grant  
          amount puts the annual household income at $8,448 per year, or  
          42% of poverty.  Federal Poverty Guidelines for 2016 show that  
          100% of poverty for a family of three is $20,160 per year.  

          CalFresh:  CalFresh benefits are funded entirely by the federal  
          government through the Supplemental Nutrition Assistance Program  
          (SNAP), and the United States Department of Agriculture (USDA)  
          sets specific eligibility requirements for SNAP programs across  
          the United States, including a gross and net income test, work  
          requirements, and other documentation requirements.  The maximum  








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          allowable gross income is typically 200% of the Federal Poverty  
          Level (FPL).  Households with elderly or disabled members are  
          not subject to gross income criteria but must have a net monthly  
          income at or below 100% of the FPL.  Other households must meet  
          both gross and net monthly income tests.  CalFresh is  
          administered locally by county human services agencies, and the  
          federal, state, and county governments share in the cost of  
          administration of the program.


          Benefits are made available on a monthly basis for food purchase  
          through an ATM-like electronic benefits transfer (EBT) card.   
          However, unlike other types of benefits that may be accessed  
          through an EBT card, CalFresh benefits cannot be withdrawn in  
          cash at point-of-sale terminals or at ATM machines.  CalFresh  
          benefits can only be used to purchase food items to be prepared  
          and consumed at home, as well as seeds and plants that can be  
          grown at home and produce food.  The average monthly benefit for  
          a CalFresh recipient is $144.35 per month, or $4.81 per person  
          per day. 


          Verification of income and employment using The Work Number:   
          County welfare departments must obtain certain employment and  
          income information from applicants for, and recipients of,  
          CalFresh and CalWORKs.  In some cases, government-administered  
          databases and consumer reports can be used in this process,  
          while other situations can still warrant the submission of  
          hard-copy materials.  In January of this year, DSS entered into  
          an agreement through September 2017 with Equifax/TALX  
          Corporation to provide an online employment and wage  
          verification service called The Work Number (WN) through the  
          department at no cost to participating counties.  Counties can  
          elect, but are not required, to participate.  


          DSS reports that 30 counties are currently using WN, and another  
          9 are completing Memoranda of Understanding to participate.   
          Across the 30 counties currently participating, in the month of  








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          May, over 23,000 verifications were ordered.


          Need for this bill:  According to the author:


            "This bill will facilitate eligibility and enrollment in the  
            CalFresh and CalWORKs Program for California's families by  
            streamlining the application process.  According to the Public  
            Policy Institute of California, 78% of poor families in  
            California are working families.  For these families, support  
            programs like CalFresh and CalWORKs can help prevent the  
            indignity of hunger in meeting basic needs.  Low wage workers  
            face significant barriers to participation in the CalFresh  
            Program.  Few have paid time off or reliable transportation to  
            get to the county welfare department for the application  
            process.  [This bill] will prohibit 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.  It 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.  It also will empower low-income  
            Californians to correct errors in their consumer reports."


          Recommended amendments:  In order to clarify that certain  
          provisions of this bill apply to applicants as well recipients  
          and to make clear that counties must provide specified required  
          information in the event of an adverse action only when the  
          determination behind that action was based in whole or part from  
          information contained in a credit report, committee staff  
          recommends the following amendments beginning on line 12 of page  
          2 of the bill: 












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              12


            11023.   (a)If a county human services agency elects to use 


              13


          information contained in a consumer credit report for the 
              14


          determination of CalFresh or CalWORKs eligibility or benefit 
              15


          level, the county shall  obtain written authorization from an  
          applicant or recipient prior to obtaining the credit report.   do  
          all of the following:  
              16


             (1)Obtain written authorization from an applicant or recipient  

               17


           prior to obtaining the credit report.
               18


             (2)   (b)   Provide  If the   a  county takes an adverse action  
          against  an applicant or  a  
              19


            recipient,  the determination of which was based in whole or  








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          part upon information contained in the consumer credit report,  
          the county shall do all of the following:  
             (1) p   P  rovide the  applicant or   applicant or  recipient with the  
              notice required 
          P3     
               1


          by Section 615 of the federal Fair Credit Reporting Act (15  
          U.S.C. 


               2


          Sec. 1681m), indicating that the verification or eligibility
               3


           determination was based, in whole or in part, upon the  
          information 
               4


          contained in the consumer credit report. For purposes of this 
               5


           paragraph,   subdivision,  an "adverse action" means a  
          determination of 
               6


          ineligibility for CalFresh or CalWORKs or a reduction in  
          benefits 
               7


          or services.








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               8


             (3)   (2)  Issue the notice required by paragraph  (2)   (1)  in  
          writing and in 
               9


          accordance with the standards for adequate notice established in  

              10


          federal law.
              11


             (4)Issue the notice required by paragraph (2) before taking  
          any 
               12


             adverse action, including a denial of CalFresh eligibility or 
               13


             CalWORKs benefits or services, against the applicant or  
          recipient.
               14


             (5)
               15


             (4)   (3)  Make the information available to an applicant or  
          recipient 
              16









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            who requests a copy of his or her case file or appeals a  
          negative 
              17


            action based in whole or in part on information the county  
          obtained 
              18


            from the consumer credit report.
              19


             (b)   (c)  The written authorization and notice required by this  
          section 
              20


          may be provided by electronic means.
              21


             (c)   (d)  If the county human services agency elects to use  
          information 
              22


          contained in a consumer credit report for the determination of 
              23


          benefit level, the county shall not require the applicant or  
          recipient 
              24


          to submit hard-copy documentation that is duplicative of the 








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              25


          information it will verify using the credit report.
              26




             (d)   (e)  Nothing in this section precludes the use of other  
          forms of 
              27


          verification or prohibits the county from requesting additional 
              28


          documentation when the county establishes, in writing, that the 
              29


          information it has already received is questionable.



          REGISTERED SUPPORT / OPPOSITION:





          Support





          Western Center on Law and Poverty -sponsor








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          California Association of Food Banks 
          California Catholic Conference 
          Children's Defense Fund 
          Community Action Partnership of Orange County
          St. Anthony Foundation 
          Food Bank of Contra Costa and Solano
          United Ways of California 



          Opposition


          


          None on file.




          Analysis Prepared by:Daphne Hunt / HUM. S. / (916)  
          319-2089