BILL NUMBER: SB 297	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator McGuire

                        FEBRUARY 23, 2015

   An act to amend Sections 18901.10 and 18914 of, and to add Section
10508 to, the Welfare and Institutions Code, relating to public
social services.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 297, as introduced, McGuire. Public benefits: eligibility
determinations.
   (1) Existing law provides for financial and food assistance
benefits to needy Californians including, among other programs, the
California Work Opportunity and Responsibility to Kids (CalWORKs)
program and CalFresh, under which each county provides for financial
and food assistance benefits to qualified individuals who meet
specified eligibility criteria.
   This bill would require the State Department of Social Services to
develop and make available to county human services agencies, for
use at their option, an electronic verification system that allows
the county human services agency eligibility workers to access data
available electronically from other state agencies and programs for
use in connection with the determination of eligibility for
means-tested public benefit programs.
   (2) Existing federal law provides for the federal Supplemental
Nutrition Assistance Program (SNAP), known in California as CalFresh,
formerly the Food Stamp Program, under which supplemental nutrition
assistance benefits allocated to the state by the federal government
are distributed to eligible individuals by each county. Under
existing law, county human services agencies administer CalFresh.
Existing law requires the county human services agency to provide
CalFresh benefits on an expedited basis to households determined to
be in immediate need of food assistance, and requires the department
to develop and implement for expedited issuance a uniform procedure
for verifying information required of an application.
   This bill would require this verification procedure to include
guidance on verifying the identify of an applicant using information
available through the Medi-Cal Eligibility Determination System
(MEDS) or the verification system developed pursuant to this bill.
The bill would require the State Department of Social Services to
develop and implement a uniform procedure for processing applications
to provide benefits on an expedited basis, as specified.
   Existing law requires each county human services agency, to the
extent permitted by federal law, to exempt a household from complying
with face-to-face interview requirements at initial application and
recertification, and authorizes a person eligible for an exemption
from the face-to-face interview requirement to request a face-to-face
interview to establish initial eligibility or comply with
recertification requirements.
   This bill would require a county human services agency to
facilitate submission of required documents using electronic and
telephone technologies for the purpose of determining eligibility,
and would also expand the circumstances under which a face-to-face
interview is required. The bill would require the department to issue
guidance for recording and storing electronic and telephonic
signatures. By increasing the duties of county human services
agencies administering CalFresh, this bill would impose a
state-mandated local program.
   The bill would require the State Department of Social Services to
coordinate with county human services agencies to develop a system
that has the capacity to store telephonic and electronic signatures,
as specified.
   (3) 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 10508 is added to the Welfare and Institutions
Code, to read:
   10508.  (a) In order to ensure timely and accurate decisions on
applications for means-tested public benefit programs, the department
shall develop and make available to county human services agencies,
for use at their option, an electronic verification system that
allows eligibility workers to access data available electronically
from other state agencies and programs for use in connection with the
determination of eligibility for means-tested public benefit
programs. In developing this electronic verification system, the
department shall consult with county human services agencies,
eligibility workers, and client advocates.
   (b) The electronic verification system identified in subdivision
(a) shall be completed no later than the expiration of the federal
waiver for Office of Management and Budget Circular A-87, which
requires states to evenly allocate the development costs for systems
that are federally funded.
   (c) (1) If the electronic verification system developed pursuant
to subdivision (a) includes information obtained from an agency that
is subject to the requirements of either the federal Fair Credit
Reporting Act (15 U.S.C. Sec. 1681 et seq.) or the Consumer Credit
Reporting Agencies Act (Title 1.6 (commencing with Section 1785.1) of
Part 4 of Division 3 of the Civil Code), the department shall report
to the Legislature regarding the ways in which the electronic
verification system guarantees the rights established under these
laws to protect individuals from negative actions resulting from
incorrect information.
   (2) A report submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
  SEC. 2.  Section 18901.10 of the Welfare and Institutions Code is
amended to read:
   18901.10.   (a)    To the extent permitted by
federal law, and subject to the limitation in  subdivision
(c),   paragraph (1),  each county  welfare
department shall, if appropriate,   human services
agency shall  exempt a household from complying with
face-to-face interview requirements for purposes of determining
eligibility at initial application and recertification, 
according to the following:   and shall facilitate s
  ubmission of required documents using electronic and
telephone technologies.  
   (a) The county welfare department shall screen each household's
need for exemption status at application and recertification.
 
   (b) A person eligible for an exemption under this section may
request a face-to-face interview to establish initial eligibility or
to comply with recertification requirements .  
   (c) Nothing in this section shall limit a county's ability to
require an applicant or recipient to make a personal appearance at a
county welfare department office if the applicant or recipient no
longer qualifies for an exemption or for other good cause. 

   (1) A face-to-face interview shall be required if any of the
following occur:  
   (A) A face-to-face interview is requested by the applicant,
recipient, or authorized representative.  
   (B) On a case-by-case basis, it is deemed necessary by the county
to clarify a condition of eligibility.  
   (C) A face-to-face interview is required in order to make timely
and reasonable accommodations to serve a household with a person who
has a disability, is advanced in age, or is homeless. For purposes of
this subparagraph, a face-to-face interview shall be conducted in a
mutually acceptable location.  
   (2) When a face-to-face interview is not required pursuant to this
subdivision, a telephone interview shall be conducted.  
   (3) A face-to-face interview and telephone interview shall be
conducted by county human services agency staff.  
   (b) (1) In order to facilitate submission of required information
by applicants and recipients, the department shall issue guidance for
recording and the storing of electronic and telephonic signatures.
 
   (2) The department shall coordinate with county human services
agencies to create a system that has the capacity to store telephonic
and electronic signatures. The department shall, in developing this
system, work with county human services agencies and with the Office
of Systems Integration to ensure this system is designed to be
directly accessed through the statewide automated welfare system
developed pursuant to Section 10823 and that the telephonic and
electronic signatures would be stored within the statewide automated
welfare system, if appropriate.  
   (3) A county shall not be required to use this system if the
county is complying with the guidance established by the department
pursuant to paragraph (1).  
   (c) The state shall not, nor shall any county, enact a waiver of
federal law that allows an eligibility interview to be conducted by
anyone other than a county human services agency staff. 
  SEC. 3.  Section 18914 of the Welfare and Institutions Code is
amended to read:
   18914.  (a) In accordance with, and to the extent provided by,
federal law, the county human services agency shall provide CalFresh
benefits on an expedited basis as provided in subdivision (b) to
households determined to be in immediate need of food assistance.
   (b) Pursuant to the federal requirements of Section 273.2(i)(2) of
Title 7 of the Code of Federal Regulations, the county human
services agency shall screen all CalFresh applications for
entitlement to expedited service. Applicants who meet the federal
criteria for expedited service as defined in Section 273.2(i)(1) of
Title 7 of the Code of Federal Regulations shall receive either a
manual authorization to participate or automated card or the
immediate issuance of CalFresh benefits no later than the third day
following the date the application was filed. To the maximum extent
permitted by federal law, the amount of income to be received from
any source shall be deemed to be uncertain and exempt from
consideration in the determination of entitlement for expedited
service. For purposes of this subdivision, a weekend shall be
considered one calendar day.
   (c) The State Department of Social Services shall develop and
implement for expedited issuance a uniform procedure for verifying
information required of an applicant.  This ve  
rification procedure shall include guidance on verifying the identity
of an applicant using information available through the Medi-Cal
Eligibility Determination System (MEDS) or the verification system
developed pursuant to Section 10508.  
   (d) The department shall develop and implement a uniform procedure
for processing applications to provide benefits on an expedited
basis that are submitted electronically or by telephone and
conducting interviews by telephone that are consistent with the
process established pursuant to Section 18901.10. 
  SEC. 4.  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.