BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1232| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 1232 Author: Leno (D) Amended: 6/30/16 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 SENATE FLOOR: 39-0, 6/2/16 AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Vidak, Wieckowski, Wolk NO VOTE RECORDED: Runner ASSEMBLY FLOOR: 78-0, 8/11/16 (Consent) - See last page for vote 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 SB 1232 Page 2 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. Assembly Amendments clarify that certain provisions of this bill apply to applicants as well recipients and to make clear that counties must provide specified 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. ANALYSIS: 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) SB 1232 Page 3 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 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 SB 1232 Page 4 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 elects to use information contained in a consumer credit report for the determination of CalFresh or CalWORKs eligibility or benefit level to obtain written authorization from an applicant or recipient prior to obtaining the credit report. 3)Requires that if a county takes an adverse action against an applicant or recipient, the determination of which was based, in whole or in part, upon information contained in the consumer credit report, the county shall do all of the following: a) Provide the applicant or 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. b) Issue the notice in writing and in accordance with the standards for adequate notice established in federal law. 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. 4)Defines "adverse action" as determination of ineligibility for CalFresh or CalWORKs or a reduction in benefits or services. 5)Permits the written authorization and required notice to be SB 1232 Page 5 provided by electronic means. 6)Prohibits a county human services agency that 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 it will verify using the credit report. 7)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 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, while counties are responsible for administering 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 SB 1232 Page 6 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 percent federally funded and eligibility standards and benefit levels are established by the United States Congress. 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; to participate in an employment and training program, if assigned by a state or local administering agency; and to 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 SB 1232 Page 7 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 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. On May 12, 2016, CDSS issued additional guidance to the counties regarding the use of a credit reporting agency to determine eligibility for CalWORKs and CalFresh benefits. All County Letter (ACL) #16-43 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 an adverse action. According to the sponsor, Western Center on Law and Poverty, 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 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. SB 1232 Page 8 FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Assembly Appropriations Committee, negligible state fiscal impact. CDSS recently issued an ACL specifying county notification requirements relative to this issue. SUPPORT: (Verified8/11/16) Western Center on Law and Poverty (source) California Alternative Payment Program Association California Association of Food Banks California Catholic Conference California Food Policy Advocates Children's Defense Fund Courage Campaign Feeding America San Diego Food Bank of Contra Costa and Solano National Consumer Law Center St. Anthony's Foundation OPPOSITION: (Verified8/11/16) None received ARGUMENTS IN SUPPORT: 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 SB 1232 Page 9 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. ASSEMBLY FLOOR: 78-0, 8/11/16 AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon NO VOTE RECORDED: Roger Hernández, Low Prepared by: Taryn Smith / HUMAN S. / (916) 651-1524 SB 1232 Page 10 8/12/16 13:24:00 **** END ****