BILL NUMBER: AB 1914	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN SENATE  MAY 26, 2010
	AMENDED IN ASSEMBLY  APRIL 12, 2010
	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Davis

                        FEBRUARY 16, 2010

   An act to add Section 18914.1 to the Welfare and Institutions
Code, relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1914, as amended, Davis. Public social services: food stamp
benefits.
   Existing law provides for the federal Supplemental Nutrition
Assistance Program (SNAP), under which food stamps are allocated to
the state by the federal government and are distributed to eligible
households by each county.
   Existing law provides for the payment of unemployment compensation
benefits to eligible individuals who are unemployed through no fault
of their own.
   This bill would require a county to take into consideration
unemployment compensation benefits of an applicant or recipient of
food stamp benefits for the purposes of determining eligibility and
the benefit amount only if the county obtains a  specified
 report  from the Employment Development Department
 containing specified information relating to that applicant'
s unemployment compensation benefits.  The bill would also

    Existing law requires that county welfare departments have
access to computer information maintained by the Employment
Development Department relating to unemployment. 
    This   bill would require the applicant or recipient
to provide this report to the county, if the applicant or recipient
alread   y has the report in his or her possession. 
    This   bill would require  the county to
provide a copy of the report  , received from a source other than
the applicant or recipient,  to the applicant or recipient if
the county takes any action based on the information in  the
  that  report.
   To the extent that it would increase the duties of counties
 in administering the   to administer  SNAP
 program  , this bill would impose a state-mandated
local program.
   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.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 18914.1 is added to the Welfare and
Institutions Code, to read:
   18914.1.   (a)    A county shall take into
consideration any unemployment compensation benefit income of an
applicant or recipient under this chapter for the purposes of
determining eligibility and the amount of benefits only if the county
obtains a written or electronic report  from the Employment
Development Department pursuant to Section 10606.1  showing
the exact amount of the unemployment compensation benefits and the
date that the applicant or recipient will receive the unemployment
compensation  benefits. The county shall provide the
applicant or recipient with a copy of the report obtained from the
department pursuant to Section 10606.1 if the county takes any action
based on the information in the report.   benefits. If
the applicant or recipient already has possession of a written or
electronic report showing the exact amount of the unemployment
compensation benefits and the date that the applicant or recipient
will receive the unemployment compensation benefits, the appl 
 icant or recipient shall provide this report to the county. If
the county takes action based upon documentation obtained from
another source, the county shall provide the applicant or recipient
with a copy of that documentation.  
   (b) (1) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
commencing January 1, 2011, the State Department of Social Services
shall initially implement this section through all-county letters
issued by the department.  
   (2) By May 1, 2011, the department shall develop regulations and
set a public hearing in accordance with the rulemaking provisions of
the Administrative Procedure Act.  
   (3) The all-county letters and regulations shall be developed in
consultation with appropriate advocates and county representatives.

  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.