BILL NUMBER: AB 2018 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 20, 2010
AMENDED IN SENATE AUGUST 2, 2010
AMENDED IN ASSEMBLY MAY 5, 2010
AMENDED IN ASSEMBLY APRIL 6, 2010
INTRODUCED BY Assembly Member Skinner
(Coauthor: Assembly Member Adams)
FEBRUARY 17, 2010
An act to add Section 11053.2 to the Welfare and Institutions
Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2018, as amended, Skinner. Food stamps: intercounty transfer of
benefits.
Existing law provides for the federal Supplemental Nutritional
Assistance Program (SNAP), formerly the Food Stamp Program, 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 intercounty transfer (ICT) of
benefits for recipients of CalWORKs, In-Home Supportive Services
(IHSS), or Medi-Cal benefits that move from one county to another
within the state, as prescribed.
This bill would require the State Department of Social Services
to establish a process of intercounty transfer of eligibility for
benefits under SNAP when a recipient moves from one county to another
within the state. This bill would specify that ,
commencing no later than April 1, 2011, that for
recipients of SNAP benefits who are also recipients of CalWORKs
benefits, the ICT process utilized for CalWORKs shall be used. This
bill would further specify that , commencing no
later than April 1, 2011, that for recipients of SNAP
benefits who are also recipients of Medi-Cal benefits, but not
recipients of CalWORKs, the ICT process utilized for Medi-Cal shall
be used.
This bill would require that , commencing no
later than July 1, 2011, that for recipients of SNAP
benefits who are neither recipients of CalWORKs nor Medi-Cal
benefits, an intercounty transfer process be developed, as specified.
This bill would specify that upon implementation of the
intercounty transfer procedures sat forth in the bill, it is
the responsibility of the recipient changing residence from one
county to another within the state to notify the county currently
paying food stamp benefits of the move and to apply for
redetermination of eligibility within the new county of residence
. This bill would require the recipient's old
prior county of residence to notify the new
county of residence of the recipient's move as soon as the recipient'
s location in the new county is known. It would require the new
county of residence to be responsible for determining the recipient's
continued eligibility for benefits under SNAP, but that, to the
extent permitted by federal law, the new county of residence would
not be required to interview persons in the food stamp household to
determine continued eligibility , until the next scheduled
recertification or other regularly scheduled interview .
It would, however, require that, if an applicant or recipient of
food stamp benefits has an application, quarterly or semiannual
report, or renewal pending in the old county of residence at the time
the applicant or recipient moves to the new county, the old county
of residence shall process the application, quarterly or semiannual
report, or renewal prior to transferring the case to the new county.
This bill would require the department to adopt regulations to
implement the bill no later than July 1, 2012, as specified.
To the extent that this would increase the duties of county
officials who administer public aid programs, including the Medi-Cal
program, CalWORKs, and the federal 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 11053.2 is added to the
Welfare and Institutions Code , to read:
11053.2. (a) Notwithstanding any other law, the department shall
establish a process of intercounty transfer of eligibility for food
stamp benefits provided under Chapter 10 (commencing with Section
18900) of Part 6 when a recipient changes residence from one county
to another within the state. The intercounty transfer process shall
facilitate a recipient's move from one county to another without a
break in benefits and without requiring a new application to be
submitted to the new county of residence.
(b) (1) For food stamp recipients who are receiving CalWORKs
benefits pursuant to Chapter 2 (commencing with Section 11200), the
intercounty transfer process utilized for CalWORKs shall be used.
(2) For food stamp recipients who are receiving Medi-Cal benefits
pursuant to Chapter 7 (commencing with Section 14000), but are not
receiving CalWORKs benefits pursuant to Chapter 2 (commencing with
Section 11200), the intercounty transfer process utilized for the
Medi-Cal program shall be used.
(3) This subdivision shall be implemented no later than April 1,
2011.
(c) For food stamp recipients who are not receiving CalWORKs or
Medi-Cal benefits as described in paragraphs (1) and (2) of
subdivision (b), an intercounty transfer process shall be developed,
in consultation with representatives of county human services
departments and advocates for recipients. To the greatest extent
possible, the process shall be simple, client friendly, ensure the
client does not need to provide copies of documents that were
previously provided to the prior county of residence, build on
existing processes for the programs described in paragraphs (1) and
(2) of subdivision (b), and minimize workload for county eligibility
operations. The process developed pursuant to this subdivision shall
be implemented no later than July 1, 2011.
(d) Upon the implementation of the intercounty transfer procedures
set forth in this section, it shall be the responsibility of a
recipient changing residence from one county to another within the
state to notify his or her prior county of residence of his or her
move. The prior county of residence shall notify the new county of
the recipient's move as soon as the recipient's location in the new
county is known. The new county of residence shall be responsible for
determining the recipient's continued eligibility for payment of
food stamp benefits. To the extent permitted by federal law, the new
county of residence shall not be required to interview persons in the
food stamp household to determine continued eligibility until the
next scheduled recertification or other regularly scheduled
interview.
(e) Notwithstanding the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), the department may implement this section
through all-county letters, or similar instructions from the director
no later than April 1, 2011, with respect to subdivision (b), and no
later than July 1, 2011, with respect to subdivision (c).
(f) The department shall adopt regulations as otherwise necessary
to implement this section no later than July 1, 2012. Emergency
regulations adopted for implementation of this section may be adopted
by the director in accordance with the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code). The adoption of emergency
regulations shall be deemed to be an emergency and necessary for
immediate preservation of the public peace, health and safety, or
general welfare. The emergency regulations shall be exempt from
review by the Office of Administrative Law. The emergency regulations
authorized by this section shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and shall
remain in effect for no more than 180 days.
SECTION 1. Section 11053.2 is added to the
Welfare and Institutions Code, to read:
11053.2. (a) Notwithstanding any other law, the department shall
establish a process of intercounty transfer of eligibility for food
stamp benefits provided under Chapter 10 (commencing with Section
18900) of Part 6 when a recipient moves from one county to another
within the state. The intercounty transfer process shall facilitate a
recipient's move from one county to another without a break in
benefits and without requiring a new application to be submitted to
the new county of residence.
(b) For recipients who are receiving CalWORKs benefits pursuant to
Chapter 2 (commencing with Section 11200), the intercounty transfer
process utilized for CalWORKs shall be used. This subdivision shall
be implemented no later than April 1, 2011.
(c) For recipients who are receiving Medi-Cal benefits pursuant to
Chapter 7 (commencing with Section 14000), but are not receiving
CalWORKs benefits pursuant to Chapter 2 (commencing with Section
11200), the intercounty transfer process utilized for the Medi-Cal
program shall be used. This subdivision shall be implemented no later
than April 1, 2011.
(d) For recipients who are not receiving CalWORKs or Medi-Cal
benefits as described in subdivisions (b) and (c), an intercounty
transfer process shall be developed, in consultation with
representatives of county human services departments and advocates
for recipients. To the greatest extent possible, the process shall be
simple, client friendly, ensure the client does not need to provide
copies of documents that were previously provided to the old county
of residence, build on existing processes for the programs described
in subdivisions (b) and (c), and minimize workload for county
eligibility operations. The process developed pursuant to this
subdivision shall be implemented no later than July 1, 2011.
(e) Upon the implementation of the intercounty transfer procedures
set forth in this section, it shall be the responsibility of a
recipient changing residence from one county to another within the
state to notify the county currently paying food stamp benefits of
the move and to apply for a redetermination of eligibility within the
new county of residence. The old county of residence shall notify
the new county of the recipient's move as soon as the recipient's
location in the new county is known. The new county of residence
shall be responsible for determining the recipient's continued
eligibility for payment of food stamp benefits. To the extent
permitted by federal law, the new county of residence shall not be
required to interview persons in the food stamp household to
determine continued eligibility.
(f) Notwithstanding subdivision (e), if an applicant or recipient
of food stamp benefits has an application, quarterly or semiannual
report, or renewal pending in the old county of residence at the time
the applicant or recipient moves to the new county, the old county
of residence shall process the application, quarterly or semiannual
report, or renewal prior to transferring the case to the new county.
(g) The department shall implement this section by all-county
letters or similar instructions from the director and shall adopt
regulations as otherwise necessary to implement this section no later
than July 1, 2012.
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.