BILL NUMBER: AB 1914 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 18, 2010
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 report from the
applicant income and eligibility verification system,
containing specified information relating to that
the applicant's unemployment compensation benefits.
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 already has
the report in his or her possession.
This bill would require the county to provide a copy of the
applicant income and eligibility verification system 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 that
report. The bill would specify that its requirements would not
preclude a county from obtaining official Employment Development
Department documentation from the applicant or recipient, if the
applicant or recipient already has possession of that verification,
as specified.
This bill would require the department to implement the bill by
all-county letters issued by the department, and thereafter to adopt
implementing regulations, as specified.
To the extent that it would increase the duties of counties to
administer SNAP, 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 no .
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) (1) A county shall be
required to 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 applicant income and eligibility verification system,
pursuant to Section 1320b-7 of Title 42 of the United States Code,
showing the exact amount of the unemployment compensation
benefits and the date that the applicant or recipient will receive
the unemployment compensation 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 applicant 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.
benefits. If the county takes action based upon this
documentation, the county shall provide the applicant or recipient
with a copy of the applicant income and eligibility verification
system report.
(2) Notwithstanding paragraph (1), nothing in this section
shall preclude a county from obtaining official Employment
Development Department documentation from the applicant or recipient,
if the applicant or recipient already has possession of that
verification showing the exact amount and date of receipt of
unemployment compensation benefit income.
(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. Thereafter,
by January 1, 2012, the department shall adopt regulations to
implement this section, in accordance with the rulemaking provisions
of the act.
(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.